Local Rule 7.1: Motions

7.1 Motions

(a) Form.

(1) Title and Content. All motions must contain the word "motion" in the title. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Separate motions must be filed. Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

(2) Memorandum and Supporting Documents. Every motion and objection shall be accompanied by a memorandum with citations to supporting authorities or a statement explaining why a memorandum is unnecessary. Every motion and objection which require consideration of facts not in the record shall be accompanied by affidavits or other documents showing those facts.

(3) Length of Memorandum. Except by prior leave of the court, no memorandum in support of, or in opposition to, a nondispositive motion shall exceed fifteen (15) pages and no memorandum in support of, or in opposition to, a dispositive motion shall exceed twenty-five (25) pages.

(b) Time for Response. Except as otherwise required by law or order of the court, every objection, except objections to summary judgment motions, shall be filed within fourteen (14) days from the date the motion is filed. Objections to summary judgment motions shall be filed within thirty (30) days from the date the motion is filed. The court shall deem waived any objection not filed in accordance with this rule.

(c) Concurrence. Any party filing a motion other than a dispositive motion shall certify to the court that a good faith attempt has been made to obtain concurrence in the relief sought. If the moving party has obtained concurrence, a statement of concurrence shall be included in the body of the motion so the court may consider it without delay. If concurrence has been obtained, the motion shall also contain the words "assented-to" in its title. The requirements of this subsection shall not apply to motions involving an incarcerated pro se litigant.

(d) Oral Argument. Except as otherwise provided, the court shall decide motions without oral argument. The court may allow oral argument after consideration of a written statement by a party outlining the reasons why oral argument may provide assistance to the court. Unless otherwise ordered, each side's argument shall be limited to fifteen (15) minutes.

(e) Reply or Surreply Memorandum.

(1) Dispositive Motions. Within seven (7) days of the filing of an objection or opposition to a dispositive motion, the party filing the dispositive motion may file a reply memorandum not to exceed ten (10) pages restricted to rebuttal of factual and legal arguments raised in the objection or opposition memorandum.

(2) Nondispositive Motions. A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court. Any motion for leave to file such a reply shall be filed within seven (7) days of the filing of the objection or opposition to which the reply would respond and shall attach the proposed reply, which will be limited to five (5) pages, as an exhibit.

(3) Surreply Memorandum. If a reply has been filed either as of right pursuant to LR 7.1(e)(1) or by court order under LR 7.1(e)(2), a surreply may be filed within five (5) days of the date the reply was filed. Surreplies shall be limited to five (5) pages. Parties should note that surreplies are not encouraged and should be filed only in exceptional circumstances.

(4) Deadlines. The deadlines set in subsections (1), (2) and (3) apply unless otherwise modified or set by court order.

(f) Requests for Expedited Treatment. For good cause shown in the motion, a party may request expedited consideration of a motion. Any request for expedited treatment shall be expressly noted in the motion caption.

(g) Dispositive Motion Defined. For the purposes of this rule, the term "dispositive motion" is limited to a motion for any form of injunctive relief, a motion filed pursuant to Fed. R. Civ. P. 12(b) or (c), a motion for summary judgment filed pursuant to Fed. R. Civ. P. 56, a motion to dismiss or to permit maintenance of a class action, and a motion to involuntarily dismiss an action. Motions for dismissal as a sanction pursuant to Fed. R. Civ. P. 16 or 37 shall be subject to the briefing schedule for nondispositive motions.

(§ (c) amended 1/1/97; § (a)(4) amended 1/1/00; (a)(4), Reply Memorandum, stricken and § (e) added 1/1/01; § (e)(1) amended 1/1/02; §§ (b) and (e)(1)-(3) amended 1/1/03; §§ (a)(1) and (e)(2)-(3) amended 1/1/06; §§ (e)(2)-(3) amended 1/1/08; §§ (b) and (e)(1)-(3) amended 12/1/09; § (f) added 12/1/11; § (e)(4) added 12/1/15; § (e) amended 12/1/17; § (b) and (e)(1)-(2) amended 12/1/21; § (g) added 12/1/23)