Local Rule 27.0: Motions

(a) Assent. Motions will not necessarily be allowed even though assented to.

(b) Emergency Relief. Motions for stay, or other emergency relief, may be denied for failure to present promptly. Counsel who envisages a possible need for an emergency filing, or emergency action by the court, or both, during a period when the Clerk's Office is ordinarily closed should consult with the Clerk's Office at the earliest opportunity. Failure to consult with the Clerk's Office well in advance of the occasion may preclude such special arrangements. Although documents may be filed electronically at any time through CM/ECF, the filer should not expect that the filing will be addressed outside regular business hours unless the filer contacts the clerk’s office in advance to make special arrangements. The business hours for the clerk’s office are Mondays through Fridays from 8:30 a.m. to 5:00 p.m.

(c) Summary Disposition. At any time, on such notice as the court may order, on motion of appellee or sua sponte, the court may dismiss the appeal or other request for relief or affirm and enforce the judgment or order below if the court lacks jurisdiction, or if it shall clearly appear that no substantial question is presented. In case of obvious error the court may, similarly, reverse. Motions for such relief should be promptly filed when the occasion appears.

(d) Motions Decided by the Clerk. The clerk is authorized to dispose of certain routine, procedural motions in accordance with the Court’s standing instructions. Any party adversely affected by the action of the clerk on a motion may promptly move for reconsideration. Unless the clerk grants reconsideration, the motion for reconsideration will be submitted to a single judge or panel. See Internal Operating Procedure V(C).