Local Rule Civil Rule 7.1: MOTIONS

CIVIL RULE 7.1 MOTIONS

(A) MOTION TYPES

(1) DISPOSITIVE MOTIONS

(a) DEADLINES AND PAGE LIMITS A dispositive motion is one which seeks relief, whether partial or complete, under Fed. R. Civ. P. 12 or 56. When serving and filing a dispositive motion, the moving party must contemporaneously serve and file a memorandum in support not to exceed forty (40) pages. The adverse party has twenty-eight (28) days after service and filing of the memorandum in support to serve and file a response not to exceed forty (40) pages. The moving party has fourteen (14) days after service and filing of the response to serve and file a reply not to exceed ten (10) pages. A table of contents and a table of authorities, if a party chooses to include them, are excluded from the page limits described above.

DISPOSITIVE MOTION DEADLINES AND PAGE LIMITS DAYS PAGES Memorandum in Support of Motion 40 Response 28 40 Reply 14 10

(b) MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT A memorandum in support of a motion for summary judgment must contain, separate from the argument section of the memorandum, a recitation of the material facts the moving party claims are uncontested. The statement of facts may be in narrative form, but each significant material fact must be supported by reference to specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, exhibits, and affidavits that have been served and filed with the court and that conform to the requirements of Fed. R. Civ. P. 56(c). A party's failure to comply with this rule may result in the denial of the motion.

(c) RESPONSE TO MOTION FOR SUMMARY JUDGMENT A response to a motion for summary judgment must state the facts upon which the party opposing summary judgment relies and must clearly identify those facts the opposing party claims are contested. The recitation of facts in the response may be in narrative form, but must be supported by reference to specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, exhibits, and affidavits that have been served and filed with the court and that conform to the requirements of Fed. R. Civ. P. 56(c). The party opposing summary judgment must clearly explain in the argument section of the response why the facts claimed to be contested are material to the matters at issue. A party's failure to comply with this rule may result in granting of the motion.

(2) NON-DISPOSITIVE MOTIONS A non-dispositive motion is a motion not outlined in subsection (A)(1) or otherwise designated by the court as a dispositive motion. When serving and filing a non-dispositive motion, the moving party must contemporaneously serve and file a memorandum in support not to exceed twenty (20) pages. The adverse party has fourteen (14) days after service and filing of a memorandum in support to serve and file a response not to exceed twenty (20) pages. The moving party has seven (7) days to serve and file a reply not to exceed seven (7) pages. A table of contents and a table of authorities, if a party chooses to include them, are excluded from the page limits described above.

NON-DISPOSITIVE MOTION DEADLINES & PAGE LIMITS DAYS PAGES Memorandum in Support of Motion 20 Response 14 20 Reply 7 7

(3) MOTIONS FOR INJUNCTIVE RELIEF

(a) Deadlines. The deadlines for responses and replies outlined in subsection (A)(1)(a) also apply to briefing on motions for preliminary injunctions and other injunctive relief, except for motions for temporary restraining orders. Motions for temporary restraining orders are governed by Fed. R. Civ. P. 65.

(b) Page Limits. The page limits outlined in subsection (A)(1)(a) also apply to briefing on motions for temporary restraining orders, preliminary injunctions, and other injunctive relief.

(4) MOTIONS FOR LEAVE OF COURT TO FILE ADDITIONAL FILINGS OR TO EXCEED PAGE LIMITS A party must serve and file a motion for leave of court to file additional filings or filings that exceed the page limits described in (A)(1), (A)(2), and (A)(3). Leave of court is granted only upon a showing of good cause. A memorandum in support of a motion for leave of court to file an additional filing or to file a filing that exceeds the page limits is not required but, if filed, may not exceed two (2) pages.

(5) MOTIONS AND STIPULATIONS FOR LEAVE TO FILE AMENDED DOCUMENT A party filing a motion for leave of court or a stipulation to file an amended document must file the proposed document as an attachment to the motion or stipulation.

A party moving or stipulating to amend or supplement a pleading must file a version of the amended or supplemental pleading that identifies proposed changes.

(6) MOTIONS FOR ORAL ARGUMENT The court may order oral argument on its own or upon a party's motion. A memorandum in support of the motion for oral argument is not required but, if filed, may not exceed two (2) pages.

(B) GENERAL MATTERS

(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC FILING Under Fed. R. Civ. P. 6(d), pro se parties without access to electronic filing are often allowed three (3) additional days when calculating the deadlines in this rule.

(2) SERVICE AND FILING NOT ON SAME DATE A party's time to respond or reply does not begin until after the service and filing of the motion or response, whichever is later.

(3) PROPOSED ORDERS NOT REQUIRED Unless otherwise ordered, a proposed order should not be filed.

(4) FORM OF FILINGS AND EXHIBITS

(a) A party must serve and file a complete PDF copy of a deposition or other transcript offered in support of or in opposition to a motion.

(b) A party must serve and file each exhibit offered in support of or in opposition to a motion as a separate attachment with a sufficiently detailed description, so the attachment is readily identifiable. A party may not file a document already on file with the court but must instead refer to the docket number assigned to the filed document.

(5) FAILURE TO FILE MEMORANDUM OR RESPONSE A party's failure to serve and file a memorandum or a response within the prescribed time may subject a motion to summary ruling. A moving party's failure to serve and file a memorandum in support may be deemed an admission that the motion is without merit. An adverse party's failure to serve and file a response to a motion may be deemed an admission that the motion is well taken.

(C) AMICUS CURIAE BRIEFS

(1) The United States or its officer or agency; a State, Territory, or Commonwealth; or the District of Columbia may file an amicus curiae brief without the consent of the parties or leave of court. Other amicus curiae may file a brief only with leave of court or if the brief states all parties have consented to its filing.

(2) A motion for leave to file an amicus curiae brief must state the movant's interest, the reasons an amicus curiae brief is desirable, and how the matters asserted are relevant to the disposition of the case. A motion for leave to file an amicus curiae brief must be accompanied by the proposed brief.

An amicus curiae must serve and file its motion for leave to file an amicus curiae brief and its proposed brief no later than seven (7) days after the party being supported files a memorandum in support of a motion or response to a motion unless otherwise ordered by the court.

(3) An amicus curiae who may file a brief without leave of court must serve and file its brief no later than seven (7) days after the party being supported files a memorandum in support of a motion or response to a motion unless otherwise ordered by the court.

(4) Unless otherwise ordered by the court, an amicus curiae brief may not exceed twenty (20) pages.