Local Rule 9022-1: COURT ORDERS

RULE 9022-1 COURT ORDERS

(A) Identification of Attorney Filing Proposed Order: On the first page of each proposed order filed with the Court, the attorney filing the same shall be identified by name, State Bar number, complete mailing address, telephone number and the name of the party whom the attorney represents.

(B) Service List: With each proposed order:

(1) when submitted, as provided for by an electronic means established by the Court, the order proponent shall file a list of parties, with mailing addresses indicated, who are to receive notice of entry of the same and shall comply with all other requirements set forth therein; or

(2) except as the presiding judge in a case otherwise may direct, when submitted by conventional means, the order proponent shall file a list of parties, with mailing addresses indicated, who are to receive notice of entry of the same.

(C) Certification: With all proposed orders, the proponent shall file either:

(1) Certification of Endorsement by All Parties: A certification that the proposed order or proposed consent order has been signed by all necessary parties or

(2) Proof of Service: A certification that the proposed order has been served upon all necessary parties and indicating upon whom served and the date and manner of such service.

(D) Signature: For all proposed orders, the proponent must obtain from any other party to the order either (1) express documented permission to affix such party's signature to the proposed order or (2) such party's signature on the proposed order in a form listed in LBR 5005-1(F)(2).

(E) Form and Content: Any proposed order shall be sufficient in description to stand alone without reference to any motion, pleading or other document (except for exhibits attached to the order itself). Orders authorizing the sale of real estate or otherwise affecting title to real estate (e.g., abandonments, avoidance of transfers, avoidance or imposition of liens, or adjudication of lien property) shall contain a legal description sufficient to pass title. Orders for sale of property of the estate or any interest therein shall state the identity of the purchaser and the price to be paid unless sale is to be at public auction, in which event the order shall state the date, time and place of the auction.

(F) Consent Orders: All proposed consent orders shall meet the requirements in paragraphs (A), (B), (C) and (D) of this Local Bankruptcy Rule.

(G) Order After Trial, Hearing or Other Disposition of the Matter: Unless the Court specifies otherwise, the prevailing party shall, in addition to the requirements in paragraphs (A), (B), (C) and (D) of this Local Bankruptcy Rule, prepare a proposed order and file the same with the Court within 14 days after the conclusion of the trial, hearing, or other disposition of the matter at issue. If no order is filed within the required period, the Clerk may issue a Notice of Failure to Prosecute. If an order is still not filed in response to that notice, the Clerk may dismiss the original pleading or other paper without further notice.

Comments 9022-1(C)(1) & 9022-1(E) Minor changes have been made to include new language concerning consent orders.

9022-1(F) This language is added to clearly state the interest in seeing that supposedly resolved items are properly closed out. Parties need to submit a stamped envelope for panel trustees. [Changes effective 1/1/97]

9022-1(D) Since the need for an order affecting title to real estate to contain a proper legal description is not limited to orders approving sale of real estate or any interest therein, the requirement has been placed at LBR 9022-1. A cross-reference has been added to LBR 6004-1 as well to remind the practitioner of the requirement that orders approving the sale of real estate or any interest therein, like all orders, must stand alone without reference to external documents, e.g., the order should not purport to approve the sale of the real estate or any interest therein "in accordance with the terms of the contract attached to the motion" but should state the essential terms of the sale, e.g., "to John and Joanna Doe for the price of $173,000." [Changes effective 3/1/01.]

9022-1(B) These technical changes are necessary to conform this subdivision of the LBR to the process of filing proposed orders as provided for by an electronic means established by the Court. [Change effective 7/1/02.]

9002.1 Subparagraphs (B)(2)(a) and (b) are repealed in light of Local Bankruptcy Rule 5005-2, which mandates electronic case filings in the Court's Case Management/Electronic Case Files (CM/ECF) System and authorizes the Clerk to promulgate and revise the Court's Electronic Case Files (CM/ECF) Policy. The caption to paragraph (B) is amended for this reason as well. In addition, a time-computation adjustment has been made at paragraph to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Repeal and changes effective 12/01/09.]

9022-1 In its header, paragraph (C) is amended to delete the term "Endorsement" and insert in lieu thereof the term "Certification." Paragraph (C)(1) is amended to delete the term "endorsed" and insert in lieu thereof the term "signed." Paragraph (D) "Signature" is new. Former paragraphs (D), (E) and (F) are redesignated paragraphs (E), (F) and (G). [Changes effective 06/01/23.]