Local Rule 9014-1: Contested Matters — Pretrial Disclosures and Court Filings

9014-1 Contested Matters — Pretrial Disclosures & Court Filings

(a) General ─ This rule applies to any contested matter—whether arising as a result of an "if objection" motion under the LBR 9013-1 Motion Practice Procedures followed by an objection being filed or as the result of any other motion set by the court for a hearing where a response is filed opposing the relief sought. The timing and necessity of initial disclosures are governed by this rule, and subsections (a), (d) and (f) of FED. R. BANKR. P. 7026 do not apply to such contested matters.

(b) Pretrial Orders and Conferences. Unless provided otherwise in a notice or order, pretrial orders and pretrial conferences are not required in contested matters. At any time, any party may file a motion requesting a pretrial conference.

(c) Response Deadline. In all contested matters not controlled by the "if objection" process under the LBR 9013-1 Motion Practice Procedures, unless an order or notice provides otherwise, any party in opposition to the relief requested shall file and serve a "response" or "objection" on or before the earlier of 21 days after service of the paper commencing the contested matter or 7 days before any scheduled hearing of the contested matter. The failure to file and serve a timely response shall be deemed a statement of no opposition to the relief requested. The court may enter an order granting the relief or may proceed with the hearing as scheduled despite the lack of a response. In the case of any contested matter set for hearing by the court and not governed the by LBR 9013-1 Motion Practice Procedures, the presence of movant's counsel at the hearing is required unless an order has already been entered granting the relief at the time of the hearing.

(d) Pretrial Disclosures and Court Filings. Although various pretrial initial disclosures are not automatically required in contested matters pursuant to FED. R. BANKR. P. 7026, either the movant or the respondent in any contested matter may invoke certain initial disclosure requirements pursuant to subsection (2) below. Regardless of whether the initial disclosure requirements are invoked by either party, all parties must make certain pretrial filings and exchange certain information in advance of the hearing as set forth in subsection (1) below.

(1) Pretrial Court Filings. In addition to the initial disclosures that may be invoked by paragraph (2) below, and regardless of whether such pretrial disclosure process has been invoked, every party shall file with the court and provide to every other party by noon two business days prior to the hearing the following information regarding evidence it may present at a hearing or trial (other than solely for impeachment purposes):

(A) The name, address, and telephone number of each witness the party expects to present or may call if the need arises;

(B) A copy of the transcript of testimony or affidavit of any witness whose testimony will be offered in that form;

(C) A list and copy, with appropriate identification, of each document or other exhibit a party expects to offer or may offer as evidence. (For any matter to be heard in the Nashville Division, the exhibits shall be filed and exchanged utilizing the court's Electronic Evidence Submission Application pursuant to the Electronic Evidence Procedures.)

(D) An expert report of the type described in LBR 9014-1(d)(2)(c) herein for any expert expected to testify.

(2) Initial Disclosures. If the movant elects to require pretrial disclosures as set forth herein, movant shall include the following statement in bold in the first paragraph of the motion: "Disclosures pursuant to LBR 9014-1(d)(1) shall be required for this matter." If the movant does not include such language invoking the disclosure requirement, the respondent may invoke the requirement by including the same language in bold in the first paragraph of the response. If either the movant or a respondent invokes the initial disclosure requirements herein, each party shall provide to every other party to the contested matter the information listed below in subsections (a) thru (c). A party shall make these required disclosures based on the information then reasonably available and is not excused from these required disclosures because it has not fully completed its investigation or because it challenges the sufficiency of another party's disclosure or because another party has not made its disclosure.

(A) The name, address, and telephone number of each individual likely to have discoverable information relevant to the contested matter, identifying the subject(s) of the information;

(B) A copy of, or a description by category and location of, all documents, data compilations and tangible things in the possession, custody or control of the party that are relevant to the contested matter;

(C) The identity of any person who may be used at trial as an expert witness under Rules 702, 703 or 705 of the Federal Rules of Evidence. This disclosure shall be accompanied by a written report prepared and signed by the witness. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor. The data or other information considered by the witness in forming the opinions. Any exhibits to be used as a summary of or support for the opinions. The qualifications of the witness. The compensation to be paid for the testimony and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.

(D) The disclosures required in paragraphs (A) and (B) shall be completed no later than 7 calendar days after service of the objection or response or on or before the fourth business day prior to the hearing, whichever occurs first. The disclosures required in paragraph (C) shall be completed no later than 14 days after service of the response or on or before the fourth business day prior to the hearing, whichever occurs first.

(3) Briefs and Memoranda of Law.

(A) Time for Filing. When a timely response is filed in any contested matter and a hearing is scheduled, parties to the contested matter may supplement any factual or legal arguments made in their motion or response by submitting briefs or memoranda of law no later than noon on the second business day prior to the hearing, unless a court order or notice indicates a different deadline.

(B) Citations. Currently, the court has access to Westlaw and Lexis. Any citation to any document that is in a format that allows retrieval from Westlaw or Lexis is acceptable. Otherwise, a copy of the cited document must be provided.

(e) First Time Continuances in Contested Matters. Except with respect to stay relief addressed by LBR 4001-1, the agreement of all parties to continue for the first time a hearing in a contested matter (but not in adversary proceedings) excuses the attendance of counsel at the first scheduled hearing of the contested matter if:

(1) An Order, or an Agreed Order for First Continuance is submitted no later than noon on the second business day prior to the date of the scheduled hearing;

(2) The order or agreed order specifies the date, time and place for the continued hearing of the contested matter;

(3) If the contested matter arises in a Chapter 13 case, the agreed order is signed by the Chapter 13 trustee.

In the alternative, announcement of the agreement of all parties to continue for the first time a hearing in a contested matter may be made by counsel at the first call of the docket on the hearing date.