Local Rule 9073–1: HEARINGS (Including Expedited Hearings)

9073–1 HEARINGS (Including Expedited Hearings)

(a) Request for Expedited Hearing or Disposition. In the event that a party seeking or opposing relief in a proceeding or matter believes that an expedited hearing or expedited disposition is required, such party may request same. The motion for expedited hearing or disposition shall be by separate motion and not combined with the filing or other paper in which the underlying relief is sought. The motion for expedited hearing or disposition shall set forth:

(1) a description of the relief requested;

(2) the reasons for which an expedited hearing or disposition is requested;

(3) the identity of all parties who may be affected by the relief requested in the underlying filing or paper;

(4) the method of notification of all interested parties; and

(5) the proposed shortened notice or response period being sought and any proposed date or dates and time for any expedited hearing being sought.

The motion for expedited hearing or disposition shall be accompanied by a proposed form of notice and a proposed order which, if signed, will set an expedited hearing date and/or shortened response time on the underlying filing.

(b) Service – Request for Expedited Hearing or Disposition and Order Thereon.

(1) The requesting party shall serve a copy of the underlying filing or other paper together with a copy of the motion containing a request for expedited relief on the parties set forth in LBR 9013–3. In the event the nature of the substantive relief sought or opposed, or the timing of the shortened notice or expedited hearing or determination sought does not provide time for notice by United States mail or overnight delivery service, then the requesting party shall provide telephonic notice, and shall serve the filing by facsimile (fax) or electronic mail (email), to the extent possible.

(2) If the court grants the request for expedited hearing or disposition, then the requesting party shall serve written notice thereof in the same manner as the service of the motion containing the request for expedited relief, unless otherwise ordered by the court.

(3) Promptly, and prior to any expedited hearing, the requesting party shall file a certificate of service certifying that the requesting party has provided notice and specifying the method by which such notice was provided.