Local Rule RULE 9013-4: ORDERS AND JUDGMENTS

RULE 9013-4 ORDERS AND JUDGMENTS

(a) Orders. Unless otherwise ordered by the Court, all oral orders of the Court, including any order resulting from a default motion under LBR 9013-3, shall be reduced to writing and submitted electronically as an e-order by the prevailing party not later than 30 days from the date of ruling, except for confirmation orders in chapter 12 and 13 cases. See LBR 3015-3.

(b) Noncompliance. Failure to comply with paragraph (a) of this Rule is cause for the Court to vacate its oral order and deny the relief requested.

(c) Settlement of Order or Judgment. Unless otherwise ordered by the Court, to settle an order or to settle a judgment shall mean the following:

(1) Service. The prevailing party or other party as directed by the Court shall serve a proposed order or judgment upon any opposing party who has appeared or has requested service thereof within 14 days of the hearing. Any counter proposal must be served not later than 7 days from the date of service. Counsel who served the proposed order or judgment shall submit it to the Court, together with any counter proposal.

(2) Required Notice. All proposed orders or judgments shall be served together with a separate notice which shall clearly and conspicuously contain the following paragraph (which may be single-spaced):

THE ATTACHED PROPOSED ORDER IS BEING SERVED UPON YOU ON [INSERT DATE]. PURSUANT TO LOCAL BANKRUPTCY RULE 9013-4, IF YOU INTEND TO SUBMIT ANY COUNTER PROPOSAL, YOU MUST SERVE UPON THE UNDERSIGNED A WRITTEN COUNTER PROPOSAL TO THE ORDER OR JUDGMENT ATTACHED HERETO NOT LATER THAN SEVEN DAYS FROM SERVICE HEREOF. IN THE EVENT THAT NO WRITTEN COUNTER PROPOSAL IS RECEIVED, THE ORDER OR JUDGMENT ATTACHED HERETO SHALL BE SUBMITTED TO THE COURT. IF A COUNTER PROPOSAL IS TIMELY RECEIVED, IT SHALL BE SUBMITTED, TOGETHER WITH THE PROPOSED ORDER, TO THE COURT.

(3) Submission. If counsel, having served the proposed order or judgment, does not receive any written counter proposal, then the proposed order or judgment shall be uploaded electronically as an e-order after counsel has electronically filed the original notice and certificate of service. If a written counter proposal is timely received, it shall be submitted in paper format, together with the proposed order in paper format, with a letter to the Court advising the Court of the parties' inability to settle the order or judgment. The letter shall also be electronically filed.

(d) Order with Attachment. If an order has an attachment, the character sequence ### must appear on the last page of the attachment, centered and at the end of the text.

Comment Electronic orders shall be filed in the format prescribed in LBR 9011-3(h).