Local Rule LR 9014-1: Notice of Motion; Notice of Hearing; Time Periods for Objections; Form of Objections

LR 9014-1 Notice of Motion; Notice of Hearing; Time Periods for Objections; Form of Objections

(a) Court action by negative notice. Unless otherwise required by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Local Rules, or court order, the court does not schedule a hearing on a motion, application, or notice of intended action except when there is a timely objection or response, or the court otherwise concludes that a hearing is necessary or desirable. Nothing in the rule limits the court's ability to adjudicate a motion, application, notice of intended action, or other request without a hearing.

(1) A party filing a motion, application, or notice of intended action must file and serve:

(A) A notice that substantially complies with Local Rule 9014-1 and conforms with the appropriate Official Form ("Notice of Motion", "Notice of Application", or "Notice of Objection");

(B) A motion, application, or statement of intended action conforming with Fed. R. Bankr. P. 9013 and Local Rule 9013-1; and

(C) Proof of service that complies with Local Rule 9013-2.

(2) Contents of notice. A notice of motion, application, or other intended action must clearly state that if a party wants the court to consider its views or to hold a hearing, that party must timely file and serve an objection. Additionally, the notice of motion must:

(A) Afford at least 14 days after service of the notice to object, unless (i) the court otherwise orders or (ii) the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or these Local Rules require a different objection period, in which case the notice must state the applicable objection period; and

(B) Specify that absent a timely filed objection, the court may grant the relief requested without a hearing.

(3) If an objection is timely filed and served, the court may schedule a hearing and the Clerk, or such other person as the court may direct, will give notice of the hearing to the parties.

(4) In the absence of an objection, the court may direct a party to give notice of a hearing before acting on the motion or other request for action.

(5) If no objection is timely filed, the filing party must file a proposed order in the manner required by Local Rule 9014-2, unless the court schedules a hearing.

(b) Remote hearings. Unless the court orders otherwise, hearings at which persons may appear remotely will be preliminary hearings without the presentation of evidence.

(c) Court may rule at preliminary hearing. If the court concludes that there are sufficient grounds to grant or deny the motion, application, objection, or intended action at the preliminary hearing, the court may rule on the matter at the preliminary hearing.

(d) Motions that may be filed without notice of an objection period.

(1) Notwithstanding subpart (a) of this Local Rule, unless the court otherwise orders, certain motions listed in the Appendix to these rules may be filed without notice of an objection period and served only on those parties receiving electronic notice of CM/ECF filings;

(2) If a party files one of those motions, it must file a proposed order at the same time as the motion; and

(3) The court may act on those motions without notice or a hearing.