Local Rule Rule 105: Motions, Briefs, and Memoranda
D. Md. — Civil rule
RULE 105. MOTIONS, BRIEFS, AND MEMORANDA
1. Memoranda Required; Number of Copies; Proposed Order
Any motion and opposition to a motion shall be filed with the Clerk and be accompanied by a memorandum setting forth the reasoning and authorities in support of it and a proposed order.
a) Cases Subject to Electronic Filing
The motion and any opposition or reply, memorandum, and any exhibits or attachments must be filed electronically in accordance with the procedures adopted by the Court. When the number of pages for the main document plus attachments total 15 pages or more, one courtesy paper copy of these documents must be submitted to the Clerk. This courtesy copy should be received by the Clerk within 48 hours of the electronic filing of the document, excluding weekends, legal holidays, and days the Court is closed. A paper copy of the notice of electronic filing should also be attached to the front of the courtesy copy. Any document which, because of its length or any other reason, is not filed electronically must be accompanied by the number of copies required by L.R. 105.1.b.
b) Cases Exempt from Electronic Filing
The original and one (1) copy of all motions and memoranda shall be filed, except that two (2) copies of discovery motions and memoranda shall be filed. If, however, counsel considers it impractical to file a copy of voluminous exhibits appended to a motion or memorandum, counsel may contact the judge to whom the case is assigned to ask permission not to file such a copy.
2. Filing Schedule
a) General
All motions must be filed within deadlines set by the Court. Unless otherwise ordered by the Court, all memoranda in opposition to a motion shall be filed within fourteen (14) days of the service of the motion and any reply memoranda within fourteen (14) days after service of the opposition memoranda. Unless otherwise ordered by the Court, surreply memoranda are not permitted to be filed.
b) Last-minute Filing Prohibited
In no event, unless otherwise ordered by the Court, is any memorandum to be filed after 4:00 p.m. on the afternoon before the last business day preceding the day on which the proceeding to which the memorandum relates is to be held. For example, a memorandum relating to a proceeding to be held on a Monday must be filed by 4:00 p.m. the previous Thursday.
c) Where More Than One Party Plans to File Summary Judgment Motions
In a two-party case, if both parties intend to file summary judgment motions, counsel are to agree among themselves which party is to file the initial motion. After that motion has been filed, the other party shall file a cross-motion accompanied by a single memorandum (both opposing the first party's motion and in support of its own cross-motion), the first party shall then file an opposition/reply, and the second party may then file a reply. If more than two (2) parties intend to file motions in a multi-party case, counsel shall submit a proposed briefing schedule when submitting their status report.
3. Limitations on Length
Unless otherwise ordered by the Court, memoranda in support of a motion or in opposition thereto and trial briefs shall not exceed thirty (30) pages, and reply memoranda shall not exceed fifteen (15) pages, inclusive of footnotes but exclusive of (a) affidavits and exhibits, (b) tables of contents and citations, and (c) addenda containing statutes, rules, regulations, and similar material.
4. When Table of Contents Required
A table of contents shall be included in any memorandum or brief exceeding fifteen (15) pages in length.
5. Exhibits
Parties are responsible for ensuring all exhibits are clear and well organized. When appropriate, parties should facilitate the Court's review of exhibits to include, for example, highlighting key language. If any motion, memorandum, or brief is accompanied by more than five (5) exhibits, the exhibits shall be tabbed and indexed, with cross-references to the page numbers that relate to each exhibit.
6. Hearings
Counsel may (but need not) file a request for hearing. Unless otherwise ordered by the Court, however, all motions shall be decided on the memoranda without a hearing.
7. Trial Briefs
Unless otherwise ordered by the Court, counsel may (but need not) submit trial briefs.
8. Motions for Sanctions
a) Not to be Filed as a Matter of Course
The Court expects that motions for sanctions will not be filed as a matter of course. The Court will consider in appropriate cases imposing sanctions upon parties who file unjustified sanctions motions.
b) Responses Required Only Upon Court Order
Unless otherwise ordered by the Court, a party need not respond to any motion filed under Fed. R. Civ. P. 11 or 28 U.S.C. § 1927. The Court shall not grant any motion without requesting a response.
9. Motions for Extension of Time
Before filing a motion to postpone any proceeding or to extend the time for the filing of any document or the taking of any other required action, counsel shall attempt to obtain the consent of other counsel and shall give notice of the motion to other counsel a reasonable time before presentation of the motion to the Court. Counsel shall state in the motion whether the consent of other counsel has been obtained. Where counsel deems it reasonably practicable, counsel also shall try to obtain the consent of an unrepresented party.
10. Motions to Reconsider
Except as otherwise provided in Fed. R. Civ. P. 50, 52, 59, or 60, any motion to reconsider any order issued by the Court shall be filed with the Clerk not later than fourteen (14) days after entry of the order.
11. Sealing
Any motion seeking the sealing of pleadings, motions, exhibits, or other documents to be filed in the Court record shall include (a) proposed reasons supported by specific factual representations to justify the sealing and (b) an explanation why alternatives to sealing would not provide sufficient protection. The Court will not rule upon the motion until at least fourteen (14) days after it is entered on the public docket to permit the filing of objections by interested parties. Materials that are the subject of the motion shall remain temporarily sealed pending a ruling by the Court. If the motion is denied, the party making the filing will be given an opportunity to withdraw the materials. Upon termination of the action, sealed materials will be disposed of in accordance with L.R. 113.
12. Amicus Briefs
a) When Permitted
The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by submitting a motion to obtain leave of court.
b) Motion for Leave to File
The motion must be accompanied by the proposed brief and state: (1) the movant's interest; (2) the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case; (3) which party's filing the brief supports, if any; (4) whether a party's counsel authored the brief in whole or part; and (5) whether a party or its counsel contributed money to fund the preparation and/or submission of the brief.
c) Contents and Form
The brief shall be no more than 15 pages and otherwise comply with L.R. 102.2, 105.1, 105.4, and 105.5.
d) Requested Relief
The Court will not consider amici requests for relief that are different from or in addition to the relief, if any, requested by the party whose brief the amici supports.
e) Time for Filing
The motion and accompanying proposed brief must be filed, except with permission of the Court, no later than seven days after the filing of the principal brief of the party being supported, or, if it is not filed in support of a party's filing, then within seven days of the filing of the opening brief.
f) Reply Brief
Amici will not file a reply unless requested by the Court.
g) Proceedings
Amici may not participate in oral argument, hearings, or conference calls unless requested by the Court.
h) Disclosure of Corporate Affiliation
If the amicus curiae is a corporation, it must file a disclosure statement like that required of parties by L.R. 103.3.a.