Local Rule L.B.R. 7007-1: Motion Practice

L.B.R. 7007-1 Motion Practice.

Unless otherwise directed by the Presiding Judge, motion practice is controlled by subsection (f) of this rule. In addition, the parties shall comply with the following:

(a) Conference.

Before filing a motion, an attorney for the moving party shall confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Conferences are not required for motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, motions for new trial, or when a conference is not possible or practicable.

(b) Certificate of Conference.

(1) Each motion for which a conference is required shall include a certificate of conference indicating that the motion is unopposed or opposed.

(2) If a motion is opposed, the certificate shall state that a conference was held, indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached.

(3) If a conference was not held, the certificate shall explain why it was not possible or practicable to confer, in which event the motion will be presumed to be opposed.

(c) Proposed Order.

Each motion shall be accompanied by a proposed order that is set forth separately as an exhibit to the motion. An agreed proposed order shall be signed by the attorneys or parties to the agreement.

(d) Brief.

An opposed motion shall be accompanied by a brief that sets forth the moving party's contentions of fact or law, and argument and authorities, unless a brief is not required by subsection (h) of this rule. A response to an opposed motion shall be accompanied by a brief that sets forth the responding party's contentions of fact or law, and argument and authorities. A responding party is not required to file a brief in opposition to a motion for which a brief is not required by subsection (h) of this rule. A brief of less than 10 pages may be included in the same document as the motion, otherwise briefs shall be filed separately

(e) Time for Response and Brief.

A response and brief to an opposed motion shall be filed within 21 days from the date the motion is filed.

(f) Uniform Requirements on Motion Practice.

B - Brief required (not required with agreed motion) C - Certificate of Conference required* MOTION (to/for): B C AMEND X CHANGE OF VENUE X X COMPEL X X CONSOLIDATION X X CONTINUANCE X DISMISS X EXTEND TIME TO ANSWER X INTERVENE X X JUDGMENT AS MATTER OF LAW X X JUDGMENT ON PLEADINGS X LEAVE TO FILE X X LIMINE X X MORE DEFINITE STATEMENT X X NEW TRIAL X PRELIMINARY INJUNCTION X X PRODUCE DOCUMENTS X X PROTECTIVE ORDER X X QUASH X X REINSTATE REMAND X X SANCTIONS X X STAY PENDING APPEAL X X STRIKE X X SUBSTITUTE COUNSEL X SUMMARY JUDGMENT X WITHDRAW AS ATTY. OF RECORD X *NOTE: If your motion is not listed above, then a brief and a certificate of conference is required.

(g) Appendix Requirements.

(1) A party who relies on documentary (including an affidavit, declaration, deposition, answer to interrogatory, or admission) or non-documentary evidence (including videotapes and other physical exhibits) to support or oppose a motion shall include such evidence in an appendix.

(2) The appendix shall be separate from the motion, response, reply, or brief.

(3) The appendix shall be submitted in accordance with the Court's Administrative Procedures for Electronic Filing; however, non-documentary exhibits and oversized exhibits that cannot be scanned electronically shall be placed in an envelope that measures 9 x 12 inches and filed separately.

(4) Each page of the appendix shall be numbered legibly in the lower, right hand corner. The first page shall be numbered as "1," and succeeding pages shall be numbered sequentially through the last page of the entire appendix (i.e., the numbering system shall not re-start with each succeeding document in the appendix). Any envelope that contains a non-documentary or oversized exhibit shall be numbered as if it were a single page.