Local Rule 9013–1: MOTION PRACTICE
Bankr. S.D. Ohio — General rule
9013–1 MOTION PRACTICE
(a) Memorandum in Support, Certificate of Service and Notice.
(1) A motion or application shall be accompanied by the following:
(A) a memorandum in support;
(B) a certificate of service in accordance with LBR 9013–3, except where the motion or application seeks ex parte relief or is to be noticed by the clerk; and
(C) a twenty-one (21) day notice, except where one of the following applies:
(i) Rule 2002 or other Federal Rule of Bankruptcy Procedure provides otherwise;
(ii) General Order #12 (available on the court's website), as amended from time to time, lists the particular motion or application as exempt from the twenty-one (21) day notice requirement; or
(iii) when other Local Rules provide otherwise; or
(iiiiv) upon order of the court for cause shown.
(2) The twenty-one (21) day notice required by (a)(1)(C) above shall substantially comply with the sample notice set forth below or with Official Form 420A.
Sample 21 Day Notice NOTICE OF MOTION/OBJECTION (Name) has filed papers with the court to obtain (relief sought in motion/objection).
Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one.
If you do not want the court to grant the relief sought in the motion/objection, then on or before twenty-one (21) days from the date set forth in the certificate of service for the motion/objection, you must file with the court a response explaining your position by mailing your response by ordinary U.S. Mailfirst class mail to (address of bankruptcy court clerk's office) OR your attorney must file a response using the court's ECF System.
The court must receive your response on or before the above date.
You must also send a copy of your response either by 1) the court's ECF System or by 2) ordinary U.S. Mail first class mail to (movant/objector's name and address) and (names and addresses of others to be served).
If you or your attorney do not take these steps, the court may decide that you do not oppose the relief sought in the motion/objection and may enter an order granting that relief without further hearing or notice.
(b) Response. Unless otherwise ordered by the court, a response memorandum 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 by reference to the docket number and shall be filed within twenty-one (21) days 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. A reply memorandum may be filed within seven (7) days after the date of service shown on the certificate of service of the response memorandum. The reply shall specifically designate the response to which it replies by reference to the docket number. No additional memoranda 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 or the clerk to grant the motion or application as filed without further notice to the extent such action would not conflict with any Rule or Federal Rule of Civil Procedure.
(e) No Oral Arguments on Motions. Motions and applications shall be decided on the memoranda without oral argument, unless otherwise provided in these Local Rules or unless a hearing is scheduled by the court.
(f) Self-Calendaring. Individual judges may provide for self-calendaring of motions by the attorney for the movant. The procedures for self-calendaring shall be posted on the judge's page on the court's website.