Local Rule RULE 9013-5: EX PARTE ORDER – ORDER SHORTENING TIME – ORDER TO SHOW CAUSE

RULE 9013-5 EX PARTE ORDER – ORDER SHORTENING TIME – ORDER TO SHOW CAUSE

(a) Ex Parte Order.

(1) Application. A request for ex parte relief shall be made by affidavit or motion containing a clear and specific showing of cause for both ex parte action as well as the relief requested and whether previous application for similar relief has been made.

(2) Submission. The underlying affidavit or motion shall be filed electronically and the proposed ex parte order shall be uploaded immediately following the filing of the underlying application via the E-Orders menu. The application shall not be uploaded as one PDF document via E-Orders. If the relief requested would be defeated by prior notice, the application may be filed in paper format pursuant to paragraph (d) of this Rule.

(b) Order Shortening Time.

(1) Application. A request for an order shortening any specified notice period shall be made by application for an expedited hearing on the motion pursuant to Fed. R. Bankr. P. 9006(d). Such application shall contain a clear and specific showing by affidavit of good and sufficient reasons for shortening the notice period and whether previous application for similar relief has been made. Law office failure does not provide good and sufficient cause.

(2) Submission. The underlying motion shall be filed electronically, and then the application for an expedited hearing shall be filed electronically and linked to the underlying motion. A proposed order shortening time shall be emailed to Chambers in Word format and not filed on the docket. The proposed order shortening time should specify the proposed manner of service and provide for the proposed motion hearing date and time. Chambers must be notified before filing an application for an order shortening time.

(c) Order to Show Cause.

(1) Application. No order to show cause to bring on a motion will be entered except upon a clear and specific showing by affidavit of good and sufficient reasons why proceeding other than by notice of motion is necessary. Law office failure does not provide good and sufficient cause relief has been made. The papers shall also state whether a previous application for similar relief has been made.

(2) Submission. The underlying affidavit shall be filed electronically. A proposed order to show cause shall be emailed to Chambers in Word format and not filed on the docket. Chambers must be notified before filing an order to show cause.

(d) Prior Notice of Temporary Restraining Order. Unless the purpose of an order to show cause would be defeated by prior notice, any party seeking an order to show cause which contains temporary restraining relief shall give an opposing party or, if known, counsel for an opposing party, at least 24 hours prior notice, if possible, of the presentation of the order to show cause and the underlying papers, including the date and time of the proposed presentment of said order to show cause to the Court. Proof of notice of presentment shall be filed with the Court.