Local Rule Rule 7: Pleadings Allowed; Form of Motions and Other Papers

RULE 7 PLEADINGS ALLOWED; FORM OF MOTIONS AND OTHER PAPERS

(a) Submission of Motions and Supporting Memoranda.

Unless otherwise allowed by court, all matters to be submitted for consideration by the court shall be presented by written motion filed with the clerk, incorporating a memorandum of law as appropriate, including citations and supporting authorities. Affidavits and other documents setting forth the facts on which the motion is based shall be filed with the motion

(b) Opposition.

Unless within fourteen (14) days after the service of a motion the opposing party files a written opposition to the motion, the opposing party shall be deemed to have waived any objection to the motion.

Any opposition shall include citations, supporting authorities, affidavits and other documents setting forth or evidencing facts on which the objection is based.

(c) Replies.

With prior leave of court and within seven (7) days of the service of any objection to a motion, the moving party may file a reply, which shall not exceed ten (10) pages in length, and which shall be strictly confined to responding to new matters raised in the objection or opposing memorandum.

(d) Surreply.

Parties shall not file or request leave to file a surreply unless the reply raises new arguments not previously presented in the movant's opening motion. Any portion of the surreply which does not strictly comply with this limitation shall be stricken from the record. If allowed, the surreply shall not exceed ten (10) pages.

(e) Form and Length.

All pleadings, motions, and other papers shall be typed, printed or prepared by a clearly-legible duplication process, on 8-1/2 x 11 inch white paper or format, in a font size no smaller than ten (10) characters per inch or, if a proportionately spaced font is used, no less than twelve (12) points. All text shall be double-spaced except for quoted material, and all pages shall be consecutively numbered, preferably at the bottom center of each page. All pleadings, motions, and other papers shall be double-spaced except for the caption, title, footnotes, quotations, descriptions of real property and identifications of counsel. Footnotes should be used sparingly.

When not electronically filed, pleadings, motions and other papers shall be stapled or otherwise attached, but shall not be permanently bound.

Except by prior leave of court, motions to dismiss, for judgment on the pleadings, requesting summary judgment, for injunctive relief, or appeals from a decision by a magistrate judge, shall not exceed twenty-five (25) pages. Non-dispositive motions and memoranda or oppositions to those motions shall not exceed fifteen (15) pages. Reply memoranda shall not exceed ten (10) pages.

(f) Adoption by Reference.

Any adoption by reference of a pleading, motion or other paper, or statement included in any document, shall expressly identify the title and docket entry of the adopted pleading.

(g) Form and Length of Appendices, Exhibits, and Attachments to Motions.

Unless permitted or required to be filed in paper format by these Rules or the presiding judge, appendices, exhibits, and attachments to motions must be submitted in electronic format and verified for readability by filing counsel.

When granted leave to file conventionally, appendices, exhibits, and attachments which exceed fifty (50) pages shall be permanently bound on the left side. When an appendix or attachment includes more than one exhibit, it shall also include a table of contents or index, and each exhibit shall be separately numbered and marked with a tab. All documents submitted to the court as exhibits shall be complete, legible copies. Counsel shall not write any comments or make legal arguments on any exhibit.

(h) Written Submissions and Oral Argument.

The court may, on its own motion or upon request by a party, grant oral argument as to a motion. Otherwise, the motion will be decided on the written record.