Local Rule RULE 7007-1: MOTION PRACTICE (ADVERSARY PROCEEDINGS)

RULE 7007-1. MOTION PRACTICE (ADVERSARY PROCEEDINGS)

A.Notice of Motion. All motions in adversary proceedings must be accompanied by Local Form 20A, for adversary proceedings, Notice of Motion, Notice of Deadline to File Objection to Motion and Notice of Hearing, as set forth in Local Rule 9013-1(B) and a proposed order in compliance with Local Rule 9072-1(A) with the exception of motions under Local Rule 7056-1.

B.Briefs. Except for those motions enumerated in paragraph (C) of this rule, each motion, application, or objection filed in an adversary proceeding shall include, or be accompanied by, a concise brief, not exceeding twenty (20) pages in length, exclusive of attachments or appendices. A brief in opposition, not exceeding twenty (20) pages in length, exclusive of attachments or appendices, if filed, shall be filed within fourteen (14) days after the filing of the original motion, application, or objection, and a reply brief to the brief in opposition, not exceeding ten (10) pages in length, exclusive of attachments or appendices, if filed, shall be filed within fourteen (14) days after filing of the brief in opposition. No other briefs shall be permitted without leave of Court. The failure to file a brief with a motion, or failure to file a response brief or reply brief within the time parameters set forth herein shall constitute consent that the Court may rule without further notice on the pleadings timely submitted.

C.Motions Not Requiring Briefs. No brief is required by either movant or respondent in connection with the following motions filed in an adversary proceeding:

1.To extend the time for the performance of an action required or allowed to be done, if the request is made before the expiration of the period originally prescribed, or as extended by previous orders;

2.To continue a pretrial, status, or scheduling conference, a hearing, or the trial of an action;

3.To amend pleadings;

4.To file supplemental pleadings;

5.For substitution of parties;

6.To name additional parties; and 7.To stay proceedings to enforce a judgment.

The motions set forth above shall contain a statement that opposing counsel has been consulted regarding the requested relief and that the opposing party either consents or objects.

D.Motions for Summary Judgment. See Local Rule 7056-1 for additional requirements in connection with the form of motions for summary judgment and briefs in support and opposition thereto.