Local Rule 9013-1: Motions and Orders

Rule 9013-1 Motions and Orders

(a) Adversary Proceeding

(1) If the moving party so elects, a motion in an adversary proceeding may be made after notice and hearing pursuant to LBR 2002-1. Notice need be given only to the parties to the adversary proceeding.

2) If the election in paragraph (a)(1) is not made, a hearing date on a motion in an adversary proceeding shall be requested on the court's website. Once a hearing date is obtained, the moving party must provide adequate time for objections to be filed in accordance with LBR 2002-1(c).

(b) Combining of Motions

(1) Motions may be combined with other motions, except motions to lift the automatic stay unless permitted by LBR 4001-1, motions to withdraw the reference, or motions to reopen cases.

(2) If motions are combined, each request shall be clearly identified in the caption and in the body of the pleading.

(3) If different objection periods or service or notice requirements are required for combined motions, the longest objection period and most complete service or notice shall be used for all the combined motions.

(4) Motions in adversary proceedings and bankruptcy cases shall not be combined.

(c) Proposed Orders

(1) Request for Entry of Order

(A) Upon expiration of the requisite notice period, a party desiring an order granting motion that is based on notice and hearing shall file a Declaration of No Objections (text-only).

(B) Subsequent to the submission of the declaration referenced in subparagraph (1)(A), a party may upload an order for the court's execution. A party may not submit an ex parte order for the court's execution prior to the expiration of any applicable notice period.

(2) Form

(A) The first page of any order must have a 4 inch top margin that is left blank for court use only.

(B) The designation "///End of Order///" shall be placed after the final line of text on the order. No date or signature line is to be provided for the judge. The attorney(s) presenting the order shall so indicate in the lower left hand corner of the last page of the order by stating "Presented by" with their name and signature line.

(3) Orders Upon Stipulations A party seeking approval of a stipulation shall:

(A) File the stipulation, accompanied by a motion to approve the stipulation or relate it to a previously filed motion;

(B) Satisfy notice and hearing requirements as to any provision in the stipulation;

(C) Not provide for the dismissal or conversion of a case without the need for a separate order; and

(D) Obtain the endorsement of the Chapter 12 or 13 trustee as appropriate if any of the provisions of the stipulation affect the trustee's administration of the plan.

(4) Orders Prepared by the Court

(A) Orders resulting from a hearing before the Court will be prepared by the Court unless otherwise directed by the Court.

(B) The Court may enter a text-only order in any instance. A text-only order is an order or judgment that is electronically entered on the case docket without an attached document; and is as official and binding as if the judge had signed a document containing the text. A text-only order shall include the name of the judge authorizing entry of said order and shall be deemed dated as of the date it is entered on the docket.

(C) If a party or the Clerk is required to serve notice of a text-only order to parties who are not ECF participants, the party or Clerk shall send via firstclass mail a copy of the NEF with the filing information, the docket entry, and the document description.

(d) Memorandum of Authorities

(1) A party may, or when required by the Court, shall file in support of or in opposition to a motion or other request for an order of the Court, a brief written memorandum of reasons and a list of authorities on which the party relies. Such memorandum must be filed and served on the opposing party in accordance with LBR 5005-1(c).

(2) Citations to Washington cases in a memorandum of authorities shall be to the Washington Reports. Citations to cases from other states shall be to the National Reporter System. Citations to federal cases shall be to the United States Reports, Federal Reporter, or Federal Supplement. Citations to bankruptcy cases shall be to West's Bankruptcy Reporter, Collier's Bankruptcy Cases or Bankruptcy Court Decisions.

(e) Motions for Reconsideration Motions for reconsideration shall be filed and served within 14 days after entry of the judgment or order, and shall not be noted for hearing unless oral argument is requested by the court. The opposing party need not respond to a motion for reconsideration unless requested to do so by the court.

Related Provisions FRBP 9006 Computing and Extending Time, Time for Motion Papers FRBP 9013 Motions: Form and Service FRBP 9014 Contested Matters FRBP 9021 Entry of Judgment LBR 2002-1 Notice to Creditors and Other Interested Parties LBR 4001-1 Automatic Stay LBR 5010-1 Reopening Cases LBR 5011-1 Withdrawal of Reference LBR 6007-1 Abandonment