Local Rule Rule 9021-1: Entry of an Order or Judgment in a Contested Matter or Adversary Proceeding

Rule 9021-1 Entry of an Order or Judgment in a Contested Matter or Adversary Proceeding

(a) Procedure for the Entry of an Order or Judgment. An order or judgment may be entered by one of the following methods: (1) upon notice to the parties, the court may prepare and enter an order or a Text Order; (2) the court may at the hearing excuse presentment of a proposed order or judgment for approval; (3) the court may enter a proposed order or judgment when a stipulation to its form is filed and if, in the court's determination, it conforms with the court's decision; or (4) unless the court has excused presentment for approval, the prevailing party must file a proposed order or judgment with a notice that it will be submitted for entry if written objections are not filed within seven days.

(A) If a written objection is not timely filed and served, the prevailing party must file a certification that no objections have been filed and must submit the proposed judgment or order. If the proposed judgment or order conforms with the decision, the court may then enter it. If the proposed judgment or order does not conform with the decision, the court may schedule a hearing with notice to the parties.

(B) If an objection is filed, a proposed order must be attached. The court will schedule a hearing with notice to the parties, unless the court determines that a hearing is unnecessary to resolve the matter.

(C) If all filed objections to a proposed order are withdrawn, then the court may enter the proposed order or judgment under subpart (a)(4)(A).

(5) If the prevailing party fails to act within a reasonable time, any other party may prepare the proposed order or judgment and follow the appropriate steps for entry.

(b) Costs. The court may impose costs upon any party or attorney who: (1) unreasonably withholds approval as to form; (2) files a frivolous objection under this rule; or (3) submits a proposed order that does not reasonably conform with the court's decision.

(c) Order Granting Different Relief. When the court enters an order granting relief different from that requested, the court may require the prevailing party to serve a copy of the order on all parties who are not served through ECF and who might be materially and adversely affected by the difference. In such case, the party serving the order must include, with the copy of the order, a notice that a request for a rehearing must be filed and served within a time period that will be fixed by the court. Unless the court orders otherwise, until such period is concluded, the order will be stayed insofar as it affects parties not present at the hearing of the underlying motion.