Local Rule 9014-1: Contested Matters
Bankr. W.D.N.C. — General rule
Local Rule 9014-1 Contested Matters
(a) Requirements of Motion. A motion shall be accompanied by all exhibits and attachments referred to in the motion, together with a notice of motion and certification of service. The notice of motion shall give notice of the filing of the motion and allow for a specific response time to the motion.
(b) Service of Motion. The moving party shall serve copies of the motion, together with all exhibits and attachments, accompanied by a notice of the motion in the manner prescribed in Federal Rule of Bankruptcy Procedure 7004, contemporaneously with the filing of the motion, notice, and certificate of service with the court. Rule 7004, particularly subdivisions (b) and (h), and other applicable rules or law set forth special service requirements. Unless special service rules apply, general service on creditors shall be made to addresses contained on the most recent mailing matrix maintained by the Clerk of Court. Service may be accomplished electronically by complying with Local Rule 5005-1(d).
(c) Response. Any party against whom relief is sought may file a written response to the motion. The response may be accompanied by affidavits and other supporting documents, shall be served on all interested parties, and service shall be certified to the court.
(d) Content of Response. All responses shall contain sufficient information to reasonably disclose the basis for the party's position and what specific issues are contested.
(e) Hearing on Motion. The provisions of Local Rule 9013-1 apply to contested matters.
(f) Time Frames for the Filing of Responses, Replies, and Surreplies. Responses to a motion, if any, shall be filed at least 7 business days prior to the hearing on such motion unless required earlier pursuant to court order. A reply to the response, if any, shall be filed at least 3 business days prior to the hearing on the motion. Surreplies, if any, shall be filed at least 1 business day (i.e., at least 24 hours) prior to the hearing. These time frames shall not apply to no protest motions pursuant to Local Rule 9013-1(e) or emergency motions. Briefs, if any, shall be filed in accordance with Local Rule 9013-2.