Local Rule LOCAL RULE 9013-1: MOTION PRACTICE
Bankr. M.D.N.C. — General rule
LOCAL RULE 9013-1 MOTION PRACTICE
(a) Motion Defined.
For the purposes of this rule, a "motion" includes any request for relief, proposed action, or application in a case. A motion does not include a petition, a proof of claim, an objection to a proof of claim, or a proposed order. A letter received by the court need not be considered a motion.
(b) Form of Motion.
(1) Required Information. A written motion must:
(A) state with particularity the facts supporting the motion;
(B) clearly convey the relief requested in separately numbered paragraphs;
(C) cite any statutes or rules of procedure relied upon as a basis for the relief requested; and
(D) 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.
(2) Optional Information. A written motion may:
(A) include authorities and arguments; and
(B) be accompanied by affidavits; declarations complying with 28 U.S.C. § 1746, to the extent they contain admissible evidence from competent witnesses with personal knowledge; and other supporting documents.
(3) Supporting Documents. Any documents in support of a motion must be filed and served contemporaneously with the motion.
(c) Combining Multiple Requests for Relief.
(1) When Combined Requests Are Allowed. Except as provided in subsection (c)(2), multiple requests for relief may be combined in a single written motion if those requests are based on identical facts or arise out of the same transaction or series of transactions; however, if the requests require different noticing procedures, the clerk may require the requests to be filed as separate motions before proceeding with applicable noticing procedures.
(2) When Combined Requests Are Not Allowed. Multiple requests to (i) avoid judicial liens with respect to the same property, or (ii) determine the secured claim amounts of governmental units with respect to the same property may not be combined in a single motion. Multiple requests for relief not based on identical facts or not arising out of the same transaction or series of transactions also may not be combined in a single motion.
(d) Response to Motion.
Unless otherwise directed by the court or otherwise provided in the Federal Rules of Bankruptcy Procedure or these rules, a party in interest may file and serve a response to a motion (1) by the date indicated in the notice issued by the clerk's office, or, if no date is indicated in the notice, (2) within the earlier of 14 days after service of the motion or 3 business days prior to the date of the hearing on the motion. The response may be accompanied by affidavits; declarations complying with 28 U.S.C. § 1746, to the extent they contain admissible evidence from competent witnesses with personal knowledge; and other supporting documents. Any such documents in support of a response must be filed and served contemporaneously with the response. At a minimum, a response must contain sufficient information to reasonably disclose the basis for the party's position and any specific issues contested; if a response does not comply with this provision, the court may, in its discretion, resolve the matter without a hearing.
(e) Brief or Memorandum of Law.
Unless otherwise directed by the court by the court or provided in these rules, a brief or memorandum of law in support of a motion 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 motion is optional but must be filed and served within the earlier of 21 days after the service of the motion or 7 business days prior to any hearing that may be scheduled on the motion. Each brief or memorandum must comply with the limitations on the length of briefs from Local Rule 7007-1(c)(2).
(f) Hearing on Motion.
Unless the court orders otherwise, the clerk will set all hearing dates and provide notice or designate other parties to do so in accordance with Local Rule 9007-1.
(g) Disclosure Requirements Inapplicable.
Unless the court orders otherwise, the disclosure requirements imposed by Rule 26(a) of the Federal Rules of Civil Procedure are inapplicable to contested matters.