Local Rule Rule 9014-1: Motion Procedure Generally

Rule 9014-1 Motion Procedure Generally

(a) Motion Required. Unless permitted otherwise by applicable rule, a party seeking relief must file a motion. This rule also applies to a fee application under Local Rule 2016-1(a) or (b). For purposes of this rule, an objection to a claim of exemption will be deemed to be a motion.

(b) Deadline for Response. Except as otherwise ordered by the court or applicable rule, the deadline to respond to any motion is 14 days after service (21 days after service for matters covered by F.R.Bankr.P. 2002(a)).

(c) Attachments. The moving party must attach the following to the motion: (1) a copy of the proposed order, labeled as Exhibit 1; (2) a completed form "Notice of Motion and Opportunity to Object," available on the court's website, labeled as Exhibit 2, stating that: the deadline to file an objection to the motion is within 14 days (21 days for matters covered by F.R.Bankr.P. 2002(a)) after service; objections must comply with F.R.Civ.P. 8(b), (c) and (e); and if an objection is not timely filed, the court may grant the motion without a hearing; (3) a brief, when required under subpart (f), labeled as Exhibit 3; (4) a certificate of service showing service on those parties entitled to service under ECF Procedure 12(b), labeled as Exhibit 4; (5) affidavits, labeled as Exhibit 5; and (6) documentary exhibits, labeled as Exhibit 6.

(d) No Timely Response. If a response is not timely filed, the movant may file a certification of no response so stating, attaching thereto a copy of the original certificate of service, and may submit the proposed order. The movant may file a certification of no response only after the deadline for response has passed, including the addition of days to the deadline in order to comply with F.R.Bankr.P. 9006(a) and (f). The court may enter the submitted proposed order without a hearing. If the court decides not to enter the proposed order, the court will schedule a hearing with notice to the movant and the other parties that are entitled to notice, unless the court determines that a hearing is unnecessary to resolve the motion.

(e) Timely Response. If a response is timely filed, the court will schedule a hearing with notice to the movant and all respondents, unless the court determines that a hearing is unnecessary to resolve the motion.

(f) Briefing Requirements. A brief, not more than 25 pages in length, including footnotes and signatures, must be filed in support of and in opposition to the following: (1) a motion in an adversary proceeding; (2) a motion for relief from stay or abandonment in a chapter 11 case; (3) a motion for the appointment of a trustee or examiner in a chapter 11 case; (4) an objection to a claim of exemptions; or (5) a motion for payment of pre-petition claims. Unless otherwise ordered by the court, there is no requirement to file a brief in support of or in opposition to other types of motions. A reply brief of not more than seven pages in length, including footnotes and signatures, may be filed and served not less than three Business Days before the hearing on the motion. A party seeking to file a brief in excess of the page length in this rule, must file an ex parte motion requesting permission to do so, setting forth the reasons to do so and specifying the page length for such brief.

(g) Rule Not Applicable. This rule does not apply to: (1) an objection to claim under Local Rule 3007-1; (2) a motion for reconsideration under Local Rule 9024-1(a); (3) a motion to amend an order or judgment under Local Rule 9024-1(b); (4) a motion to reinstate a dismissed case under Local Rule 9024-1(c); (5) a motion to reduce or enlarge time under Local Rule 9006-1, including a motion for extension of time to file papers under Local Rule 9006-1(a); (6) a motion to withdraw the reference under F.R.Bankr.P. 5011(a); (7) a motion for leave to appeal under F.R.Bankr.P. 8004; (8) a motion to dismiss under Local Rule 2003-1; (9) a motion to dismiss under Local Rule 1017-2; (10) a matter covered by Local Rule 1007-3(a) and (b), relating to credit counseling compliance; (11) a motion seeking approval of a reaffirmation agreement under Local Rule 4008-1; (12) an application to waive the filing fee; (13) an application to pay the filing fee in installments; (14) a motion to extend the stay under Local Rule 4001-4(a); (15) a motion to order the stay to take effect under Local Rule 4001-4(b); (16) a motion to reopen a case to file missing papers under Local Rule 5010-1; (17) a motion for a default judgment under Local Rule 7055-1; (18) a motion to file by Paper Filing under ECF Procedure 3(b); or (19) a motion for an order restricting public access to a paper that contains unredacted information in violation of F.R.Bankr.P. 9037(a). (20) a motion filed under Local Bankruptcy Rule 3001-2(b).

(h) Statement of Concurrence Sought. In an adversary proceeding, or in a bankruptcy case unless it is unduly burdensome, the motion must affirmatively state that concurrence of opposing counsel in the relief sought has been requested on a specified date and that the concurrence was denied.

(i) Discovery Motions. With respect to a matter relating to discovery to which F.R.Bankr.P. 7026 through 7037 apply, counsel for each of the parties must meet and confer in advance of the hearing in a good faith effort to narrow the areas of disagreement. The conference must be held a sufficient time in advance of the hearing so as to enable the parties to narrow the areas of disagreement to the greatest extent possible. It is the responsibility of counsel for the movant to arrange for the conference and, in the absence of an agreement to the contrary, the conference must be held in the office of the attorney nearest to the court in which the motion is pending.

(j) Withdrawal of a Motion. After a response has been filed, a motion may be withdrawn only upon stipulation of the moving and responding parties or a court order.

(k) Evidentiary hearings. Unless the court orders otherwise, the initial hearing on a contested matter will not be an evidentiary hearing. The court may determine at the initial hearing whether an evidentiary hearing is necessary and, if so, will schedule it at that initial hearing. No further notice of the evidentiary hearing need be served.