Local Rule RULE 9013-1: MOTIONS

RULE 9013-1 MOTIONS A. General Requirements Except as these Rules provide or the court orders otherwise:

(1) Every motion must comply with section (B) of this Rule.

(2) Every motion must comply with section (C) of this Rule and must be filed no later than the date when the motion is served. The date and time that a motion is filed electronically are those shown on the CM/ECF Notice of Electronic Filing. The date that a motion is filed is the date when the clerk receives the motion.

(3) Every motion must be served on parties under section (D) of this Rule.

(4) Every motion must be presented by the movant under section (E) of this Rule.

B. Title and Format of Motions Every motion must be titled as one of the events in the court's CM/ECF system, unless no event accurately describes the motion's subject. Every motion must comply with Rule 5005-3.

C. Items Required to be Filed with Motions Every motion must be filed with the court and must include:

(1) Notice of Motion A notice of motion, signed by the moving party or counsel for the moving party, using Local Form G-3 (Notice of Motion).

(2) Exhibits If a motion refers to exhibits, legible copies of the exhibits must be attached to the motion, unless the court orders otherwise.

(3) Proof of Service Except for motions filed ex parte, a proof of service that complies with Rule 5005-3.

(4) Ex parte affidavit If a motion is filed ex parte, an affidavit showing cause for the ex parte filing.

(5) Proposed Order A proposed order that:

(a) is a Fillable Order;

(b) grants the relief requested in the motion; and

(c) bears a title granting the relief requested in the motion (e.g., "Order Granting Motion to Modify Stay" or "Order Granting Motion to Extend Time to Object to Discharge").

D. Service of Motions The notice of motion required under section (C)(1) of this Rule must be served at least 7 days before the date of presentment.

E. Presentment of Motions Except for emergency motions under Rule 9013-2, and unless the court orders otherwise, every motion not granted in advance without a hearing because no notice of objection has been filed under section (F) of this Rule must be presented on a date and at a time when the judge assigned to the case regularly hears motions.

A motion must be presented no more than 30 days after it is filed, unless applicable law requires a longer notice period. If a longer notice period is required, the date of presentment must be no later than 7 days after the notice period expires.

F. Notice of Objection

(1) A party who objects to a motion and wants it called must file a notice of objection no later than 2 business days before the date of presentment. The notice of objection need only say that the party objects to the motion. No reason for the objection need be given.

(2) If a notice of objection is timely filed, the motion will be called on the date of presentment. If no notice of objection is timely filed, the court may grant the motion without a hearing before the date of presentment.

G. Oral Argument Oral argument on motions may be allowed in the court's discretion.

H. Failure to Comply If a motion violates this Rule in any respect, the court may deny the motion.

I. Failure to Prosecute If a movant fails to present a motion at the time set for presentment, the court may deny the motion.

J. Request for Ruling If a matter is fully briefed and ready for decision, a party may move to call the matter to the court's attention and request a status hearing.

K. Service of Modified Orders on Pro Se Parties and Proof of Service If the court enters an order that changes the proposed order submitted with a motion under (C)(5) above and the change affects any pro se party, the movant must serve on the pro se party a copy of the order within three days of its entry. The movant must file a proof of service stating the date, manner of service, and name and address of the recipient.