Local Rule Rule 7.1: Motion Practice
E.D. Pa. — Civil rule
Rule 7.1 Motion Practice
(a) Every motion shall be accompanied by a form of order which, if approved by the court, would grant the relief sought by the motion. Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the court, will deny or amend the relief sought by the motion.
(b) Every uncontested motion shall be accompanied by a certificate of counsel that such motion is uncontested.
(c) Every motion not certified as uncontested, or not governed by Local Civil Rule 26.1(g), shall be accompanied by a brief containing a concise statement of the legal contentions and authorities relied upon in support of the motion. Unless the Court directs otherwise, any party opposing the motion shall serve a brief in opposition together with such answer or other response that may be appropriate, within fourteen (14) days after service of the motion and supporting brief. A party who intends to amend pursuant to Federal Rule of Civil Procedure 15 shall file a notice of intent to do so within the 14-day limit prescribed by this Rule. In the absence of a timely response, the motion may be granted as uncontested except as provided under Federal Rule of Civil Procedure 56, or otherwise prohibited by law. The Court may require or permit additional briefs or submissions if the Court deems them necessary. Counsel are directed to consult each judge's policies and procedures.
(d) Every motion not certified as uncontested shall be accompanied by a written statement as to the date and manner of service of the motion and supporting brief.
(e) Within fourteen (14) days after filing any post-trial motion, the movant shall either (a) order a transcript of the trial in writing utilizing the procedures established by the Clerk's Office, or (b) file a verified motion showing good cause to be excused from this requirement. Unless a transcript is thus ordered, or the movant excused from ordering a transcript, the post-trial motion may be dismissed for lack of prosecution.
(f) Any interested party may request oral argument on a motion. The court may dispose of a motion without oral argument.
(g) Motions for reconsideration or reargument shall be served and filed within fourteen (14) days after the entry of the order concerned, other than those governed by Federal Rule of Civil Procedure 59(e).