Local Rule 9013-7: Form, Content, and Length of Documents
Bankr. S.D. Cal. — General rule
9013-7. Form, Content, and Length of Documents.
(a) Moving Papers.
(1) General Requirements. Except as provided otherwise in the Bankruptcy Rules and Local Bankruptcy Rules, all motions and applications must be in writing. Each motion and application must be filed and served. Each motion and application must include a complete statement of the relief requested and evidence as necessary supporting that relief including, but not limited to, Declarations.
(2) Special Requirements. Additional requirements are set forth in the following Local Bankruptcy Rules relating to specific matters: A. motion to dismiss case – LBR 1017, 2002-2(a)(1), and 3015-1(c); B. motion for dismissal of complaint objecting to debtor's discharge – LBR 7041-3; C. motions to avoid liens under 11 U.S.C. § 522(f) – LBR 4003-1; D. motion for exemption from credit counseling under 11 U.S.C. § 109(h)(4) must be supported by a Declaration and contain information substantially conforming to CSD 1027 – LBR 1007-8; E. motion for order confirming that automatic stay is not in effect under 11 U.S.C. § 362(c)(4)(A) – LBR 4001; F. certificate of cure of entire monetary default under 11 U.S.C. § 362(1) – LBR 4001-8; G. motion to access federal income tax returns under 11 U.S.C. § 521(f) – Movant must serve the motion on the debtor in addition to the parties required by FRBP 9013; and H. insider compensation requests in Individual chapter 11 cases – LBR 4002-2.
(b) Oppositions and Responses.
(1) General Requirements. Except as provided otherwise in the Bankruptcy Rules or the Local Bankruptcy Rules, all oppositions and responses to motions and applications must be in writing. Each opposition and response to a motion or application must be filed and served. Each opposition and response to a motion or application must include a complete statement of the reasons in opposition to or in support of the motion and evidence as necessary supporting the reasons including, but not limited to, Declarations.
(2) Failure to File Opposition. The Court may treat a failure to timely file opposition to a motion or application by any party in interest, including the U.S. Trustee and the chapter 13 trustee, as the non-objecting party's consent to the granting of the motion and waiver of oral argument. The Court, as a result, may vacate any then pending hearing and promptly enter an order granting the requested relief.
(c) Replies. Parties are permitted to file replies to oppositions.
(d) Length of Papers; Tables.
(1) Briefs and memoranda in support of or in opposition to any pending motion or application must not exceed 25 pages.
(2) Reply memoranda must not exceed 10 pages.
(3) Briefs and memoranda exceeding 10 pages must include a table of contents and table of cited authorities. These tables do not count toward the page limitation.