Local Rule LOCAL RULE 7007-1: MOTION PRACTICE (IN APs)

LOCAL RULE 7007-1 MOTION PRACTICE (in APs)

(a) General Requirements.

A written motion in an adversary proceeding must:

(1) state with particularity the facts supporting the motion;

(2) clearly convey the relief requested in separately numbered paragraphs;

(3) cite any statutes or rules of procedure relied upon as a basis for the relief requested; and

(4) be served on the parties affected by the motion and in accordance with the requirements of the Federal Rules of Bankruptcy Procedure and these rules.

(b) Response to Motion.

A party in interest may file and serve a response to a written motion in an adversary proceeding within 21 days after service of the motion, unless otherwise directed by the court or otherwise provided in the Federal Rules of Bankruptcy Procedure or these rules. The response may be a memorandum of law and may be accompanied by affidavits and other supporting documents.

(c) Brief or Memorandum of Law.

(1) Unless otherwise directed by the court or provided in these rules, a brief or memorandum of law in support of a written motion in an adversary proceeding is optional but must be filed and served contemporaneously with the motion. Unless otherwise directed by the court or provided in these rules, a brief or memorandum of law in opposition to a written motion in an adversary proceeding is optional but must be filed and served within the earlier of 21 days after service of the motion or 7 business days prior to any hearing that may be scheduled on the motion.

(2) Each brief or memorandum of law in support of a motion, or in opposition thereto, is limited in length as follows:

(A) Electronically Prepared Documents. Briefs and memoranda of law prepared on an electronic device may not exceed 6,250 words. The word count includes the body of the document, headings, and footnotes but excludes the caption, signature lines, certificate of service, and any cover page or index.

(B) Hand-written Documents. Handwritten briefs and memoranda of law must be legible and may not exceed 20 pages.

(d) Ruling on Papers and Briefs.

All written motions in adversary proceedings will be considered and decided by the court on the pleadings, admissible evidence in the record, and motion papers and briefs, without hearing or oral argument, unless the court directs otherwise. Special considerations warranting a hearing or oral argument may be raised in a motion or response.