Local Rule L.R. 9060: Notices and Hearings.

L.R. 9060 - Notices and Hearings. A. Scheduling Hearings. Unless a motion, application, or pleading may be heard on Negative Notice or may be considered without hearing, the movant must contact the Courtroom Deputy for the judge before whom the matter is pending or must consult the Court's web page to obtain a hearing date and must send notice of hearing as stated herein. Unless otherwise specified by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Rules (e.g., L.R. 9061), or a Court order or notice, a hearing will be set on no less than twenty-one (21) days' notice.

B. Format of Notice of Hearing. 1. Content of Notice of Hearing. The notice of hearing must: a. identify the motion or pleading to which it relates; b. state the hearing date, time, and place in the caption; c. contain or be accompanied by a certificate of service conforming to L.R. 9004(D); and d. state in bold print, substantially the following: WARNING: THIS _______ SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE BY [DATE, MONTH, YEAR]. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING. THE DATE IS SET OUT ABOVE. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEYS. 2. Combined Motion and Notice of Hearing. When both a notice of hearing and motion will be served, they may be combined into one document by including the text of the notice at the beginning of the motion. If a combined notice and motion format is used, the title of the document must indicate that the pleading is both a notice and a motion. Objections to claims must follow the format of Local Forms 10, 11, and 12.

C. Service of Notice of Hearing. The movant must serve the notice of hearing on the same parties served with the motion pursuant to L.R. 9013-1(A). When a motion is heard on an expedited or emergency basis (L.R. 9013-2), the motion and notice of hearing must be served as expeditiously as possible (e.g. by personal service or electronic means) on opposing counsel or on the opposing party if not represented by counsel, and any other necessary parties.

D. Maintenance of Clerk's Mailing Matrix – Returned Notices. Any entity providing notice under the Federal Rules of Bankruptcy Procedure or under these Rules must make a reasonable effort to obtain correct addresses for any entity for whom a notice was returned with a wrong or undeliverable address. Notice of any corrected address and of an address known to be wrong or undeliverable must be filed with the Court using Local Form 25 or the appropriate Bankruptcy Noticing Center form. The Clerk of Court will update the case matrix with current addresses upon receipt of this information. Neither Local Form 25 nor the Bankruptcy Noticing Center form should be used to update creditor information that was accurate at the time the petition was filed or that has previously been updated in the case. The debtor must use the procedures set forth in L.R. 1009 to update any such creditor information.

E. Continuance of Hearings. If all parties consent to the continuance of a hearing, the request to continue may be made by one of the parties by contacting the Courtroom Deputy for the assigned judge. All other continuances in advance of any hearing must be made by written motion and served on the opposing party or counsel.