Local Rule RULE 9013-2: EMERGENCY MOTIONS

RULE 9013-2 EMERGENCY MOTIONS A. Emergency Motion Defined A motion may be heard on an emergency basis only if it:

(1) arises from an occurrence that could not reasonably have been foreseen; and

(2) requires immediate action to avoid serious and irreparable harm.

B. Application to Set Hearing To present an emergency motion, a party:

(1) must file an application to set hearing on emergency motion stating

(a) the reasons why the motion should be heard on an emergency basis; and

(b) the proposed date and time for the motion's presentment;

(2) must attach the proposed emergency motion to the application;

(3) must not notice the application for presentment; and

(4) need not serve the application or submit a proposed order.

C. Response to Application Prohibited No response to the application may be filed.

D. Procedure After Application Filed

(1) If the assigned judge is available to rule on the application, the judge must promptly rule on it.

(2) If the assigned judge is unavailable, the assigned judge's staff must notify the emergency judge. The emergency judge must then rule on the application.

E. Procedure if Application Granted If the application is granted, the movant must:

(1) immediately notify by phone or personal service all parties entitled to notice, including the U.S. Trustee, trustee, and all parties potentially affected by the motion, of the date, time, and place of the hearing on the emergency motion; and

(2) file the emergency motion along with:

(a) a notice of motion that

(i) states the date, time, and place of the emergency hearing; and

(ii) states that the motion may be opposed on the ground that it should not be heard on an emergency basis; and

(b) a certificate of service listing the parties served and for each party the date, time, and method of service.

F. Procedure if Application Denied If the application is denied, the movant may notice the motion for presentment under Rule 9013-1.