Local Rule 9013-5: Briefs

L.R. 9013-5 – Briefs. A. Motions Requiring Briefs. Absent leave of Court, the following motions shall be supported by a brief: Motions to dismiss, motions to strike pleadings, motions for a more definite statement, and motions for judgment on the pleadings. (Briefs in support of motions for summary judgment are governed by Rule 7056 of these Rules.)

B. Motions that Do Not Require Briefs. The following motions do not require a brief: debtor's motion to voluntarily dismiss case; plaintiff's motion to voluntarily dismiss an adversary proceeding; motions to dismiss for failure to attend the 341 meeting of creditors; motions to dismiss for failure to comply with a Court order; motions to dismiss for failure to make chapter13 plan payments; and motions to avoid liens under Section 522(f) of the Bankruptcy Code.

C. Motions for Relief from Stay. At the preliminary hearing on a motion for relief from stay, the Court may order that briefs be filed prior to the trial date.

D. Time and Manner of Filing. Except as noted in subsection C of this Rule, briefs shall be filed at the time the corresponding motion is filed and shall be filed as a separate document. All briefs, including responsive briefs, shall contain a short, concise statement of the party's position and citations to any authorities upon which the party relies.

E. Responsive Briefs. Each party opposing the motion shall file a responsive brief within 14 days after the filing of the movant's brief. No brief beyond the responsive brief shall be filed except upon leave granted.

F. Page limits. Absent leave of Court, briefs shall not exceed 20 pages, exclusive of the signature page and attachments.

G. Failure to File Brief. If a party fails to file a brief in support of a motion as outlined above, the Court may enter an order striking or denying the motion. If an opposing party fails to file a responsive brief as outlined above, the Court may enter an order granting the relief sought in the motion.