Local Rule Rule 7.1: Motion Practice

Rule 7.1 Motion Practice

(a) Time for Filing.

All motions in civil cases except those relating to the admissibility of evidence at trial must be filed on or before 30 days following the conclusion of the period of discovery. If an extension of the original period of discovery is approved by the court, the time for filing motions is automatically extended to 30 days after the new date unless otherwise ordered by the court.

(b) General Requirements.

(1) All motions shall be concise and shall state precisely the relief requested. Motions shall conform to the general motions requirements, standards, and practices set forth in the applicable Federal Rules of Civil Procedure and in Local Civil Rule 10.1.

(2) If a movant is aware that an opposing party or nonparty consents or does not object to a motion, the motion shall so state. This subsection does not require a movant to confer with any opposing person before filing a motion, although other provisions of these rules may require a movant to do so.

(3) If a movant seeking nondispositive relief is aware at the time of filing the motion that it is consented to or not opposed, the movant shall file with the motion a proposed order allowing the relief sought. If the movant becomes aware after filing the motion that it is consented to or not opposed, the movant shall file a proposed order allowing the relief sought as soon as practicable after becoming aware.

(c) Discovery Motions.

(1) For purposes of these Local Civil Rules, a discovery motion is any motion or other request to the court that seeks to enforce, use, regulate, extend, modify, nullify, or limit any of the procedures described in any of Rules 26 through 37 of the Federal Rules of Civil Procedure or in any of Local Civil Rules 26.1, 30.1, 33.1, 34.1, or 36.1. A motion or other request to the court that seeks to enforce, use, regulate, extend, modify, quash, or limit any pretrial civil subpoena is likewise a discovery motion.

(2) No discovery motion will be considered by the court unless the motion sets forth or has attached thereto, by item, the specific question, interrogatory, etc., with respect to which the motion is filed and any objection made along with the grounds supporting or in opposition to the objection. The movant must also certify that there has been a good faith effort to resolve discovery disputes prior to the filing of any discovery motions.

(d) Motions for Attorney's Fees in Certain Social Security Cases.

Any motion for attorney's fees under 42 U.S.C. §§ 406(b) or 1383(d)(2) shall be filed within 65 days after the date of the last notice of award necessary to accurately calculate the total amount of retroactive benefits, unless extended by consent or order.

(e) Supporting Memoranda.

Except for motions the clerk may grant as specified in Local Civil Rule 77.2, all motions made, other than in a hearing or trial, shall be filed with an accompanying supporting memorandum in the manner prescribed by Local Civil Rule 7.2(a). Where appropriate, motions shall be accompanied by affidavits or other supporting documents.

(f) Responses to Motions.

Any party may file a written response to any motion. A response shall be in the form of a memorandum in the manner prescribed by Local Civil Rule 7.2(a) and may be accompanied by, without limitation, affidavits and other supporting documents.

(1) Nondiscovery Motions. Responses and accompanying documents shall be filed within 21 days after service of the motion in question unless otherwise ordered by the court or prescribed by the applicable Federal Rules of Civil Procedure.

(2) Discovery Motions. Responses and accompanying documents relating to discovery motions shall be filed within 14 days after service of the motion in question unless otherwise ordered by the court.

(g) Replies.

(1) Nondiscovery Motions. Replies to responses are discouraged. However, except as provided in in subsection (g)(2) of this rule, a party desiring to reply to matters initially raised in a response to a motion shall file the reply within 14 days after service of the response, unless otherwise ordered by the court.

(2) Discovery Motions.

Replies are not permitted in discovery disputes. See Local Civil Rule 26.1(d)(3).

(h) Subsequently Decided Controlling Authority.

A suggestion of subsequently decided controlling authority, without argument, may be filed and served at any time prior to the court's ruling and shall contain only the citation to the case relied upon, if the case is published, or a copy of the opinion if the case is unpublished.

(i) Affidavits.

Ordinarily, affidavits will be made by witnesses themselves and not by attorneys. However, affidavits may be made by an attorney for a person if the sworn facts are known to the attorney or the attorney can swear to them upon information and belief, and

(1) the facts relate solely to an uncontested matter; or

(2) the facts relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the facts; or

(3) the facts relate solely to the nature and value of the legal services rendered for the person by the attorney or the attorney's law firm; or

(4) the refusal to accept the affidavit would work a substantial hardship on the person and the court finds that its acceptance of the affidavit would not be such as to require that the attorney or the attorney's law firm be disqualified from continuing to appear for the person.

(j) Hearings on Motions.

Hearings on motions may be ordered by the court in its discretion. Unless so ordered, motions shall be determined without a hearing.