Local Rule 7008-1: MOTIONS IN ADVERSARY PROCEEDINGS
Bankr. W.D. Pa. — Civil rule
Rule 7008-1 MOTIONS IN ADVERSARY PROCEEDINGS
(a) All motions shall be in writing unless made orally during a hearing or trial and so recognized by the Court.
(b) Motions filed within adversary proceedings shall contain a short, concise descriptive title of the motion in addition to the complete adversary caption. The caption shall conform to Official Form 16D 416D (Caption for Use in Adversary Proceeding).
(c) A proposed order of Court shall be filed as an attachment to all motions and all other requests for relief.
(c) (d) Unless otherwise directed by the Court, tThe response to any motion shall be filed and served within fourteen (14) days after service of the motion plus an additional three (3) days as provided by Fed. R. Bankr. P. 9006(f) when services is by mail. If no response is timely filed, and upon the filing of a CNO by the moving party if required, the motion shall be deemed uncontested and the Court shall may dispose of the motion without hearing. Replies and surreplies are not permitted unless ordered by the Court. If permitted, replies and surreplies shall be filed and served within the time frame set by the Court. seven (7) days, plus an additional three (3) days as provided by Fed. R. Bankr. P. 9006(f) when service is by mail, after service of the response or reply, as applicable.
(d) The movant shall file a brief, if any, and any supporting affidavits as an attachment to the motion, and the respondent shall file a brief, if any, and any supporting affidavits as attachments to the response. Briefs shall be limited to twenty (20) pages.
(e) Unless otherwise directed by the Court, briefs by the moving party and responding party are optional, are limited to twenty (20) pages, and are due at least one week prior to the hearing date on the motion. If authorized, reply and surreply briefs shall address only matters not addressed in it's the initial brief and shall be due as set forth in the order allowing them. If authorized, reply and surreply briefs shall be limited to five (5) pages, and shall address only matters not addressed in the initial brief. The deadlines for such briefs shall be set forth in the order granting their authorization.
(f) Motions for continuance of a trial date shall be considered by the Court only upon motion filed and served at least seven (7) calendar days before the scheduled trial.
(g) Any request for oral argument or hearing on a contested motion within an adversary proceeding shall be in writing and referenced in the caption.
(h) A proposed order of Court shall be filed as an attachment to all motions and all other requests for relief.
(i) When briefing is complete, the moving party shall file a certification that briefing is completed substantially in compliance with Local Bankruptcy Form 16 (Certification That Briefing Completed). The Court may not act until the certificate is filed with the Clerk. In addition, when briefing is complete, a tabbed binder with all related pleadings, documents, exhibits, and an index shall be delivered to the Judge's Chambers.