Local Rule Rule 9013-1: MOTION PRACTICE

Rule 9013-1 MOTION PRACTICE

(a) Rule or Statutory Basis. Each motion shall specify the rules and statutory provisions upon which it is predicated and the legal authorities that support the requested relief, either in the motion or in a separate memorandum of law. If such specification has not been made, the Court may strike the motion from the calendar.

(b) Service in Mega Chapter 11 Cases. Unless the Court orders otherwise, any motion or application in a mega chapter 11 case for which the Bankruptcy Rules and/or these Local Rules require notice, but do not specify the entities to be served, shall be served upon the persons included on the Master Service List that is prepared and filed pursuant to Local Bankruptcy Rule 2002-5.

(c) Entities to Receive Notice. In addition to all entities otherwise entitled to receive notice, notice of a motion shall be given to any entity believed to have or be claiming an interest in the subject matter of the proposed order or who, it is believed, otherwise would be affected by the proposed order.

Comment This rule is derived from Former Local Bankruptcy Rule 13. Local Bankruptcy Rule 7037-1 provides additional requirements for discovery-related motion practice.

This rule was amended in 2008 to delete the requirement that a separate memorandum of law be filed with every motion. A discussion of the law must be included in the motion or responsive pleading if a separate memorandum of law is not filed.

The rule was further amended in 2024 to add subparagraph (b), which makes clear that the Master Service List should be used in mega chapter 11 cases in instances in which the applicable Rules do not specify the persons to whom notice of a particular motion should be provided. Former subparagraph (b) was then redesignated as subparagraph (c).