Local Rule 9013-1: MOTION PRACTICE

Rule 9013-1 MOTION PRACTICE

(a) Certificate of Service, and Notice. A motion or application tendered for filing shall be accompanied by (1) a certificate of service in accordance with LBR 9013-3 and (2) a notice to all persons entitled to notice that any objection must be filed within 14 days, or such other time as specified by applicable Federal Rule of Bankruptcy Procedure or statute or as the Court may order, from the date of service as set forth on the certificate of service, if the relief sought is opposed, and that the Court is authorized to grant the relief requested without further notice unless a timely objection is filed.

(b) Response. Unless otherwise ordered by the Court, a response must be filed if the relief sought by a motion or application is opposed. The response shall specifically designate the motion or application to which it responds and, subject to Fed. R. Bankr. P. 9006(f), shall be filed within 14 days, or such other time as specified by applicable Federal Rule of Bankruptcy Procedure or statute or as the Court may order, from the date of service as set forth on the certificate of service attached to the motion or application. The response shall state with particularity the reasons that the motion or application is opposed.

(c) Reply. Subject to Fed. R. Bankr. P. 9006(f), a reply may be filed within 7 days after the date of service shown on the certificate of service of the response. No additional briefing will be considered except upon leave of Court for good cause shown.

(d) Effect of No Response. Failure to file a response on a timely basis may be cause for the Court to grant the motion or application as filed without further notice to the extent such action would not conflict with any Federal Rule of Bankruptcy or Civil Procedure.

(e) No Oral Arguments on Motions. Motions and applications shall be decided without oral argument unless otherwise provided in these rules or a hearing is scheduled by the Court.