Local Rule 7.1: MOTIONS IN CIVIL CASES

RULE 7.1 MOTIONS IN CIVIL CASES

(a) Form and Filing. All motions, unless made during a hearing or at trial, must be filed in writing with the clerk. The motion or opening brief filed in support of the motion must contain: (1) a statement of the specific relief sought; (2) a statement of the nature of the matter before the court; (3) a concise statement of the facts, with each statement of fact supported by reference to the record; and (4) the argument, which must refer to all statutes, rules, and authorities relied upon.

(b) Joint or Unopposed Motions. If a motion is joint or unopposed, the caption and the body of the motion must so state.

(c) Responses and Replies to Motions. A party opposing a motion must file a response, and the moving party may file a reply within the time provided in D. Kan. Rule 6.1(d). If a response is not filed by the applicable deadline, the court will consider and decide the motion as an uncontested motion. Ordinarily, the court will grant the motion without further notice.

(d) Page Limitations. Unless the court orders otherwise, the following page limits apply to briefs on motions:

(1) Discovery-related motions. Principal briefs in support of, or in response to, discovery-related motions must not exceed 10 pages and replies must not exceed 3 pages.

(2) Summary judgment and class certification motions. Principal briefs in support of, or in response to, summary judgment and class certification motions must not exceed 40 pages and replies must not exceed 15 pages. Unless otherwise ordered, these page limits also apply to non-motion briefs, e.g., merits briefs in Social Security or bankruptcy appeals and proceedings addressed by D. Kan. Rule 9.1(a) (those filed under 28 U.S.C. §§ 2241, 2254, and 2255, and motions to correct or reduce a sentence or civil rights complaints by prisoners).

(3) All other motions. Principal briefs in support of, or in response to, all motions other than those set forth in subparagraphs (d)(1) and (2) above must not exceed 15 pages and replies must not exceed 5 pages.

(4) Any motion to exceed these page limits must be filed at least 3 days before the brief's filing deadline.

(e) Exhibits. The filing party must separately label any exhibits attached to motions or briefs and file an index of such exhibits.

(f) Supplemental Authorities. If pertinent and significant authorities come to a party's attention after the party's final brief has been filed—or after oral argument but before a decision—a party may promptly advise the court by notice filed on the CM/ECF system setting forth the citations. The notice must state reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally; if the supplemental citations refer to a brief, the notice must be linked in the ECF system to that brief. The body of the notice must not exceed 350 words. Any response must be made within 5 days and must be similarly linked and limited. * * * As amended 12/1/22, 10/13, 3/05, 3/04, 9/00.