Local Rule CVLR 7: Motion Practice

CVLR 7 Motion Practice

(a) Motions. All motions, unless made during a hearing or trial, shall be in writing, served on all parties who have appeared and shall be filed with the Court sufficiently in advance of trial to comply with the time periods set forth in this rule or other order of the Court and to avoid any delays in the trial. The caption of each motion must contain a brief description of the motion, including citation to the section of the United States Code, other statute or rule under which the motion is brought. The movant shall also prepare a proposed order setting forth the specific relief requested or the terms of the parties' stipulation. Proposed orders shall be emailed to chambers@gud.uscourts.gov in a word processing format (e.g. Microsoft Office Word® or Corel WordPerfect®) and served on each party that has appeared in the action.

(b) Contents of Papers Filed. Each motion or response thereto shall be accompanied by a memorandum of points and authorities and, where appropriate, a separate statement of material facts. If a motion, response or reply requires consideration of facts not appearing of record, the movant or opponent shall also serve and file copies of all affidavits, declarations, photographic or other evidence presented in support of or in opposition to the motion. Excerpted exhibits shall be labeled as such. If a party desires to call the Court's attention to anything contained in a previous pleading, exhibit, motion, order or minute entry, the party may do so by incorporation by reference.

(c) Length of Brief in Support of or in Response to Motion. Unless otherwise ordered by the Court, briefs or memoranda in support of or in response to all motions shall not exceed twenty-five (25) pages and reply memoranda shall not exceed fifteen (15) pages. The filing of multiple dispositive motions to avoid the page limits of this rule is strongly discouraged and successive motions may be stricken. Briefs and memoranda in excess of twelve (12) pages in length shall include a table of contents and a table of authorities cited. The case caption, table of contents, table of authorities, exhibits, declarations, certificates of counsel and certificates of service do not count toward the page limitation.

(d) Motions to Exceed Page Limitation. Motions seeking approval to exceed the page limitations set forth in the preceding paragraph are disfavored but may be filed ex parte subject to the following:

(1) the motion shall be filed as soon as possible but no later than on the day the underlying motion or brief is due;

(2) the motion shall be no more than two pages in length and shall request a specific number of additional pages;

(3) oppositions to the motion shall not be filed unless requested by the Court; and

(4) if the Court grants leave to file a motion that exceeds the 25-page limit, the brief in opposition shall automatically be allowed an equal number of additional pages, and the reply brief shall automatically be allowed half the number of additional pages.

(e) Noncompliance. The Court need not consider motions, oppositions to motions or briefs or memoranda that do not comply with this Rule.

(f) Time Limits. Unless otherwise ordered by the Court or provided by statute or rule, an opposition must be served and filed within twenty-one (21) days of the filing of the motion, and a reply, if any, must be served and filed within fourteen (14) days of the filing of the opposition. In the event multiple oppositions are filed to a single motion, any reply shall be filed no later than fourteen (14) days after the last opposition is filed.

(g) Extensions of Time. No party may amend the deadlines for the filing of oppositions or replies if the Court has issued an order setting such deadlines. In the absence of such an order, a party may seek an extension from all other parties of the deadline otherwise prescribed in this Rule. When a party requests an extension of time from the other party, the parties shall first make a good faith effort to negotiate a reasonable extension, which shall not exceed fourteen (14) days for oppositions and seven (7) days for replies. Only one such extension for the motion in question is permitted. The party seeking the extension must file notice of any such negotiated extension before the filing date prescribed in this Rule and no further order of the Court is necessary.

If the parties cannot agree, the party seeking an extension may apply to the Court. If the Court grants the application, the parties may not thereafter alter the deadlines set by the Court without leave of the Court.

(h) Supplemental Briefing. No further or supplemental brief shall be filed without leave of Court.

(i) Oral Argument. Unless otherwise ordered by the Court or where required by statute or the federal rules, all motions shall be decided by the Court without oral argument. A party desiring oral argument shall file a request for oral argument no later than seven (7) days following the last day a reply brief would be due. If a request for oral argument is granted, the Court will set the date and time for argument and notify the parties. In the absence of an order setting an evidentiary hearing, hearings are solely for the purpose of hearing argument.

The Court, in the exercise of its discretion, may order oral argument without request or may determine that argument is unnecessary and deny the request.

(j) Motions to Shorten Time. A party may move for hearing or consideration of a matter on a time schedule shorter than provided by this Rule. The motion to shorten time must be accompanied by:

(1) An affidavit explaining:

(A) why shortened time is needed,

(B) efforts made to work out the problem with counsel for other parties,

(C) positions counsel for the other parties take on the expedited schedule, and

(D) what dates are of significance; and

(2) (A) proof of service by a means reasonably likely to allow counsel for other parties an opportunity to see the papers at least as soon as the Court sees them, or

(B) an affidavit explaining why service of the motion upon the opposing party under the circumstances should not be required.

(k) Motions Requiring Evidentiary Hearing. In those matters where testimony must be heard or other evidence presented at a hearing:

(1) The motion and each response or opposition thereto shall contain a statement whether an evidentiary hearing is requested and an estimate of the time required for the presentation of evidence and argument. The reply brief shall contain a re-estimate of the time or a statement that the original estimate remains unchanged.

(2) If any party obtains leave to present evidence, all other parties may present evidence at the same hearing.

(3) Unless otherwise ordered by the Court, not less than seven (7) days before the evidentiary hearing, each party who intends to present testimony must, except where counsel files a written certification that a requirement of prior disclosure would risk serious injustice, file with the Court and serve on all other parties:

(A) a list of witnesses, together with a summary of the witnesses' anticipated testimonies; and

(B) an estimate of time for each witness's testimony.

(4) A party intending to utilize documentary or other evidence not already made a part of the record shall also file an exhibit list not less than seven (7) days before the evidentiary hearing. Copies of the exhibits shall thereafter be provided to the Court and all parties no later than three (3) business days before the scheduled evidentiary hearing.

(l) Participation Other than in Person. For good cause and in the absence of substantial prejudice to any party, the Court may allow one or more parties, counsel, witnesses or the Court to participate in any hearing by telephone conference call, video conference call or by other reliable electronic means. The party proposing such a method for participation shall arrange, initiate and pay for any costs associated with said participation. If a party is permitted to participate at the hearing telephonically or by video conference, any party intending to present or refer to documentary evidence must serve copies of those documents prior to the hearing on the party appearing telephonically or by video conference.

(m) Telephonic Participation by Witness. Authorization for a witness to telephonically participate does not bar:

(1) Witnesses' testimony from being presented by audio-visual deposition taken under Rule 30(b), Federal Rules of Civil Procedure; nor

(2) A party or attorney from being present at the site at which a witness is physically present.

(n) Settlement. If any action is settled but the parties do not complete the settlement documents while a motion is pending or before a response or reply to a motion is due, the parties shall notify the assigned judge's courtroom deputy as soon as possible and shall thereafter file a statement that the action has been settled in lieu of proceeding with the complete briefing of the motion.

(o) Withdrawal of Motion. Any movant who does not intend to proceed with a motion or other request for a ruling by the Court shall notify opposing counsel and the assigned judge's courtroom deputy as soon as possible. If such notification is made orally, the movant shall file a written notice of withdrawal of motion as soon thereafter as is practicable.

(p) Motions for Reconsideration.

(1) Standard. Motions for reconsideration are generally disfavored. A motion for reconsideration of the decision on any motion may be made only on the grounds of:

(A) a material difference in fact or law from that represented to the Court before such decision that in the exercise of reasonable diligence could not have been known to the party moving for reconsideration at the time of such decision, or

(B) the emergence of new material facts or a change of law occurring after the time of such decision, or

(C) a manifest showing of a failure to consider material facts presented to the Court before such decision.

No motion for reconsideration shall in any manner repeat any oral or written argument made in support of or in opposition to the original motion except to the extent necessary to demonstrate manifest error. Failure to comply with this subsection may be grounds for denial of the motion. The pendency of a motion for reconsideration shall not stay discovery or any other procedure.

(2) Procedure and Timing. A motion for reconsideration shall be plainly labeled as such. A motion or application for reconsideration under this subsection shall be filed no later than fourteen (14) days after the filing of the ruling or order sought to be reconsidered.