Local Rule LCvR 7.1: Motion Practice

LCvR 7.1 Motion Practice.

(a) Filing. Except as provided in LCvR 9.2(c) for actions brought by incarcerated persons, no attached pleadings, motions or other papers shall be removed for filing from an original motion.

(b) Motions. Each motion, application, or objection filed shall be a separate pleading, except where alternative pleading is allowed by law or these Rules. Each shall set out the specific point or points upon which it is brought. Except as otherwise provided by these Rules, a concise brief shall accompany each motion, application, or objection. The brief may be combined with the motion, application, or objection and submitted as one document, if clearly stated in the title of the motion or pleading. Any pleading in opposition or response to a motion, application, or objection shall be filed as a separate pleading.

(c) Length and Format of Briefs. No brief shall be submitted that is longer than twenty-five (25) typewritten pages without leave of Court. Motions for leave to file a brief in excess of twenty-five (25) typewritten pages shall state the requested number of pages and shall be filed no later than one (1) day prior to the date the brief is due. Briefs exceeding fifteen (15) pages in length shall be accompanied by an indexed table of contents showing headings or subheadings and an indexed table of statutes, rules, ordinances, cases, and other authorities cited. Paper size, margins, line spacing, and print style shall conform to the requirements of Local Civil Rule 5.2(a).

(d) Response Briefs. A response to a motion may not also include a motion or a cross-motion made by the responding party. Each party opposing a motion or objection shall file with the Court Clerk and serve upon all other parties a response within fourteen (14) days, if applicable, from the date the motion or objection was filed. The copy served on opposing counsel shall reflect the date of filing. In the discretion of the Court, any non-dispositive motion or objection which is not opposed within fourteen (14) days may be deemed confessed.

(e) Reply and Supplemental Briefs. Reply briefs regarding new matters in the response brief may be filed within fourteen (14) days, after the response is filed. After the filing of the reply or the expiration of fourteen (14) days, the motion will be deemed ripe for ruling. By order, the Court may increase or reduce this time. Supplemental briefs are not encouraged and may be filed only upon motion and leave of Court. Reply and supplemental briefs shall be limited to ten (10) pages in length unless otherwise authorized by the Court.

(f) Informal Conference Before Filing All Non-Dispositive Motions. With respect to all non-dispositive motions or objections (including all discovery matters and motions in limine), the Court shall refuse to hear any such motion or objection unless counsel for movant first advises the Court in writing that counsel personally have met and conferred in good faith and, after a sincere attempt to resolve differences, have been unable to reach an accord. No personal conference shall be required, however, where the movant's counsel represents to the Court in writing that movant's counsel has conferred with opposing counsel by telephone and (1) the motion or objection arises from failure to timely make a discovery response (if applicable), or (2) the distance between counsels' offices renders a personal conference infeasible. When the locations of counsels' offices, which shall be stated with particularity by movant, are in the same city or within thirty (30) miles of each other, a personal conference is always deemed feasible as to distance. There is no duty to confer if any party is pro se.

(g) Unopposed Dispositive Motions. If a dispositive motion is not opposed, the Court may in its discretion provide an additional fourteen (14) days for the opposing party to show cause why the motion should not be granted, after which the case will be dismissed or the motion will be deemed confessed, as appropriate. In the event the moving party has filed a motion for confession of judgment, such motion may be granted fourteen (14) days after filing. In either event, at the discretion of the Court, the party failing to respond shall be subject to sanctions, including but not limited to all attorney fees and costs incurred by the moving party in connection with such failure to timely oppose the motion.

(h) First Extension of Time. The Court Clerk may grant a defendant the first extension of time, not to exceed fourteen (14) days, within which to serve an answer or other responsive pleading to the complaint. A proposed order granting the requested extension or continuance may be submitted pursuant to the ECF Policy Manual.

(i) Other Requests for Extensions of Time. All other motions for extension of time shall be made before expiration of the period originally prescribed, or as extended by previous orders and shall state: (1) the date the act is due to occur without the requested extension; (2) whether previous motions for extensions have been made and the disposition of the previous requested extensions; (3) specific reasons for the requested extension, including an explanation why the act was not done within the originally allotted time; (4) whether the opposing counsel or party agrees or objects to the requested extension; (5) the basis of any objection; and (6) the effect, if any, on the scheduled trial or other deadlines. All such motions shall be accompanied by a proposed order submitted pursuant to the ECF Policy Manual. The proposed order shall state specifically the events being extended and the proposed new dates for the deadlines. If the motion for extension of time concerns discovery, the movant shall include a brief summary of the current status of discovery.

(j) Motions Not Requiring Briefs. Unless otherwise directed by the Court, no brief is required by either movant or respondent for the following motions:

• to extend time for the performance of an act required or allowed to be done, provided the request is made before expiration of the period originally prescribed, or as extended by previous orders; • to continue a pretrial conference, hearing or trial of an action; • to amend pleadings; • to appoint next friend or guardian ad litem; • to substitute parties; • to add additional parties; • to conduct physical or mental examinations; • to compel discovery responses when no response has been made; • to amend briefs; • to stay proceedings to enforce a judgment; • for admission pro hac vice; • to file supplemental motions, briefs or other papers; or • to file an oversized brief in compliance with subsection (d) above.

These motions not requiring briefs shall state on the first page whether opposing counsel agrees or objects to the request and the basis for any objections. The motion shall be accompanied by a proposed order submitted pursuant to the ECF Policy Manual.

(k) Motions to Amend Pleadings. Except as provided for motions to amend pleadings by incarcerated persons in LCvR 9.2(c), a motion to amend shall state (1) the deadline established by the scheduling order, if any, (2) whether any party objects to the motion, and (3) the basis for any objection. All motions to amend shall be accompanied by a proposed order submitted pursuant to the ECF Policy Manual which specifically sets forth what is being amended. The movant also shall attach to the motion a copy of the signed, proposed amended pleading.

(l) Notice to the Court of Matters Under Advisement for More Than Ninety (90) Days. In the event any matter, including but not limited to a motion or decision in a bench trial, has been under advisement or submitted for decision for a period of more than ninety (90) days, any party affected by the undecided matter may file a notice of matter under advisement particularly describing the matter under advisement and stating the date the matter was taken under advisement.

(m) Scheduling Conflicts. This Court adopts the General Order In re: Guidelines for Resolving Scheduling Conflicts with Oklahoma Courts, issued by the Tenth Circuit Court of Appeals on May 21, 1998.

(n) Oversized Documents. If an electronically filed document exceeds 100 pages, the filer shall deliver one (1) paper copy of the document to the Clerk's Office within three (3) business days of the date of filing. If the document is too large to staple, it should be bound at the left-hand margin in a manner that will permit it to be opened flat. Additionally, if requested, one (1) paper copy of any other electronically filed document shall be delivered to the Clerk's Office within three (3) business days of the date of filing.

(o) Motions to Dismiss. All motions to dismiss shall include a section explaining why an amendment to the complaint or petition would be futile.