Local Rule L.R. 9013-1: Motion Practice.

L.R. 9013-1 - Motion Practice. A. Service of Motions and Responses. In all cases except Chapter 11 cases, unless otherwise ordered by the Court, and subject to L.R. 9004(D)(1), all motions, applications or other pleadings and responses thereto must be served on: 1. the debtor and the debtor's attorney (if any); 2. all parties directly affected by the relief sought; 3. the Trustee; and 4. all parties who have filed a request for notice. In Chapter 13 cases, motions by parties other than the Trustee must also be served on all creditors who have filed a proof of claim. In Chapter 11 cases, motions must be served in accordance with L.R. 9013-3(E) if a Master Service List exists in the case. If no Master Service List exists in a Chapter 11 case, motions, applications, or other pleadings must be served on those who would be on such a list, and on any entity whose interest may be affected by the motion, application, or pleading. A person or entity who has filed an entry of appearance, a request to receive notice, and/or a proof of claim will be determined by reference to the Court's records at the time the motion is served.

B. Response Deadline. Any entity intending to oppose a motion, application or other pleading must file a written response. Unless otherwise specified, if the matter is set for hearing, any response must be filed no later than seven (7) days before the date of hearing. If the matter will be heard on Negative Notice, the response time is governed by L.R. 9061(B). If the matter is one that may be determined without hearing under L.R. 9062, any response must be filed immediately. Any response must be served on the movant or applicant and all creditors and parties in interest as directed by L.R. 9013-1(A).

C. Prohibition of General Denials. Each response must specifically answer the allegations in the related motion. A general denial is insufficient and prohibited.

D. Failure to File Responsive Pleading. If a response is not timely filed, the Court may enter an order granting the relief requested prior to hearing and may remove the motion or application from the Court calendar unless leave to file a late response is granted. If the respondent appears at the hearing but has failed to file a timely response, the Court may continue the hearing. The respondent must immediately provide the movant with written and electronic (i.e. e-mail, but not only telephonic) notice of the continued hearing and must file a certificate of service of such notice.

E. Memoranda of Law. Unless otherwise directed by the Court, or in the case of a Motion for Summary Judgment made pursuant to L.R. 7056, a memorandum of law is not required in support of a motion. If a memorandum is filed, it must be filed with the motion or at the latest, no later than seven (7) days prior to hearing. Without leave of Court, no memorandum is to exceed fifteen (15) pages, exclusive of the signature page, certificate of service and attachments.

F. Consent Motions. The Court may grant a consent motion if the party or counsel filing the motion represents that consent to the motion has been obtained from all necessary parties. Consent motions need not be set for hearing and may be ruled on without hearing. The title of a consent motion must state that the motion is by consent.

G. Joinder A party filing a joinder, rather than an independent motion or objection, is not entitled to an order granting or denying the relief requested in the motion or objection in favor of the joining party unless: 1. The motion or objection being joined is pending/outstanding; 2. No filing fee is associated with the underlying motion or objection; and 3. The joinder would have been timely if it had been filed as an independent motion or objection.