Local Rule 9013-1: Motions Practice

LOCAL RULE 9013-1 Motions Practice A. Requirement of Written Motion: In all cases or proceedings, all non CM/ECF motions shall be in writing and be originally signed by the movant or movant's counsel unless made during a hearing or trial.

B. Grounds and Relief to be Stated: All motions shall state with particularity the grounds therefor and shall set forth the relief or order sought.

C. Address, Telephone Number, and Email Address of Attorney: The lower left-hand portion of the signature page of the pleading shall include the name, address, telephone number, and email address, if any, of the attorney or pro se party filing the same.

D. Return Date, Conference of Counsel: Except as otherwise provided by an order of the Court or by these Local Rules, all motions shall be made returnable to the time obtained from and scheduled by the Court for a hearing thereon. Before requesting a hearing date on any motion, the proponent shall confer with opposing counsel, in person or by telephone, in a good-faith effort to narrow the area of disagreement.

E. Requirement of Proof of Service: At the end of each pleading, motion and other paper required to be served upon a party, there shall be a proof of service signed by counsel (or the pro se party) certifying that copies were served and detailing the date, manner of service, and the names and addresses of those served.

F. Extensions: Any request for an extension of time relating to motions must be in writing and approved by the Court.

G. Determination of Motions Without Oral Hearing: In accordance with Rule 78 of the Federal Rules of Civil Procedure, the Court may rule upon motions without an oral hearing, unless otherwise required by the Bankruptcy Code, the Bankruptcy Rules, or these Local Rules.

H. Giving Notice of Motion or Hearing: The party filing a motion, response, or other pleading requiring or requesting a hearing on same, shall make a good-faith effort to contact opposing counsel for dates and then obtain a hearing date from the Court and shall give notice of that hearing date to all parties required to receive notice by the Bankruptcy Rules, these Local Rules, or by order of the Court. The original motion, response, or other pleading, the notice of hearing, and certification that notice of the hearing date has been given must be filed with the Clerk within seven (7) days after the Court has given the hearing date. Failure to file such a certification and notice within the seven (7) days may result in the Court's reassignment, without notice, of the hearing date to other matters.

I. Caption; Names of Parties: Every motion initiating a contested matter pursuant to Bankruptcy Rule 9014 shall contain a caption which conforms with the official national forms and an additional caption setting forth the debtor's name as shown on the petition, the assigned motion number, and a designation showing the parties as "Movant", " Respondent" and "Trustee" (when applicable). The following is an example:

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF VIRGINIA _________________ DIVISION IN RE JOHN B. DOE Chapter ______ Debtor U. R. BANK Case No.______ Movant v. JOHN B. DOE Motion No.______ Respondent and I. B. MONEY, TRUSTEE Respondent J. Paragraphs; Separate Statements: All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

K. Adoption by Reference; Exhibits: Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

L. Electronic Filings: Service of any pleading filed electronically, other than a complaint and summons initiating an adversary proceeding pursuant to FRBP 7001 or a motion initiating a contested matter pursuant to FRBP 9014, both of which require service pursuant to FRBP 7004, may be made electronically, pursuant to Local Rules 2002-1(D) and 5005-4, upon any attorney or non-represented party who in either case is a registered User of the Electronic Filing System. Service upon others shall be made in accordance with the other provisions of this Rule.

M. When Written Response Required: When any party in interest opposes the relief sought in any motion (other than a motion to dismiss the case filed by the standing chapter 12/13 trustee or the chapter 7 case trustee) filed pursuant to Bankruptcy Rule 9014 which has initiated a contested matter, such party shall file a written response to such motion, in the nature of an answer to a complaint in an adversary proceeding, which shall put the party having filed such motion on fair notice of any factual dispute with respect to the allegations contained in such motion and of any affirmative defenses and/or other legal contentions in opposition to such motion which such opposing party intends to present at any hearing thereon. Unless a different time is prescribed by any statute, Bankruptcy Rule or pre-hearing or other order entered by the Court with respect to such motion, such response shall be filed with the Court and served upon the proponent of such motion, or if the motion has been filed by counsel, upon such counsel, at least seven (7) days prior to the date of the noticed hearing, or if that is not practicable due to shortness of notice or other cause shown, as soon in advance of the hearing as may be practicable under the circumstances presented. Failure to file such a response will be cause for the Court to treat the motion as uncontested, to continue the hearing upon the motion, or to take such other action as may be appropriate to further the ends of justice.