Local Rule LCivR 7: PLEADINGS ALLOWED; FORM OF MOTIONS AND OTHER PAPERS

LCivR 7 PLEADINGS ALLOWED; FORM OF MOTIONS AND OTHER PAPERS

(a) [Reserved]

(b) Motions and Other Papers.

(1) In General. All motions, unless made during a hearing or trial, shall be in writing and shall be filed within the time period set by the Local Civil Rules or order of the Court and sufficiently in advance of trial to avoid any trial delay. The moving party shall file and serve a motion and any supporting materials. The motion serves as the memorandum and shall set forth supporting factual assertions and legal authority. The motion also serves as the notice of hearing as prescribed in LCivR 7(j).

(2) Extension of Time. Motions seeking an extension of time, to exceed page limits or other procedural relief shall recite the opposing party's position when possible. If despite diligent efforts, the opposing party's position is not known, the party may file the motion seeking the requested relief and describe the efforts undertaken to ascertain the opposing party's position.

(3) Type. A "dispositive motion" is a motion requesting summary judgment, judgment on the pleadings, dismissal, remand, or permanent injunctive relief. A "nondispositive motion" is a motion seeking any other relief. Notwithstanding its nondispositive nature, a motion for class certification shall be treated as a dispositive motion for purposes of the page limitations and briefing deadlines set forth in LCivR 7(c)(2), 7(d)(2), 7(f), and 7(i)(2).

(Note: Summary Judgment is also discussed in LCivR 56.)

(4) Proposed Orders. The moving party shall serve the motion and a proposed order on each party that has appeared in the action, shall file the motion and proposed order with the clerk, and shall submit an editable version of the proposed order, in a format compatible with Microsoft Word, to chambers via email as provided in the Electronic Filing Procedures manual.

(c) Response Memorandum.

(1) In General. The response memorandum ("response") shall set forth supporting factual assertions and legal authority. The time periods set forth in this section include the additional 3-day period allowed under Federal Rules of Civil Procedure 6(d) and 45(c) and, therefore, apply regardless of the method of service.

(2) Deadline in Civil Cases. Unless the Court orders otherwise, the response shall be filed by

(A) a pro se litigant within (i) 21 days after the mailing of the nondispositive motion as noted on the certificate of mailing, or (ii) 30 days after the mailing of the dispositive motion as noted on the certificate of mailing. If the litigant is registered for Electronic Case Filing, the filing of the motion shall start the applicable time period; and

(B) counsel within (i) 14 days after the filing of a nondispositive motion, or (ii) 21 days after the filing of a dispositive motion.

(3) Deadline in Criminal Cases. The response shall be filed within 7 days after the filing of the motion.

(d) Reply Memorandum.

(1) In General. The moving party may file a reply memorandum ("reply"). The time periods set forth in this section include the additional 3-day period allowed under Federal Rules of Civil Procedure 6(d) and 45(c) and, therefore, apply regardless of the method of service.

(2) Deadline in Civil Cases. Unless the Court orders otherwise, any reply shall be filed by

(A) a pro se litigant within 21 days after the date the response was (i) mailed as noted on the certificate of mailing, or (ii) filed, if the litigant is registered for Electronic Case Filing; and

(B) counsel within (i) 7 days after the filing of the response to a nondispositive motion or (ii) 14 days after the filing of the response to a dispositive motion.

(3) Deadline in Criminal Cases. Any reply shall be filed within 7 days after the filing of the response.

(e) Failure to Comply with the Rules of Motion Practice.

The failure to comply with the requirements of LCivR 7(b) or (c) may be deemed consent to the entry of an order adverse to the party who violates these rules.

(f) Length of Memoranda.

(1) Dispositive motions. Dispositive motions and response memoranda shall not exceed 20 pages.

(2) Nondispositive motions. Nondispositive motions and response memoranda shall not exceed 10 pages.

(3) Reply memoranda. Reply memoranda shall not exceed 10 pages.

(4) Calculating Memoranda Length. For the purpose of calculating pages the following are excluded: the name, mailing address, and telephone number of the party or firm submitting the pleading; the case caption; the table of contents, if any; signatures; certificates of service; copies of decisions required by LCivR 7(g); LCivR 56(c) Statements of Material Fact; and exhibits.

(5) Exceeding Page Limit. These page limits may only be exceeded by obtaining prior approval of the Court. A motion to exceed page limits must demonstrate good cause and recite the opposing party's position.

(g) Citation of Authorities.

(1) Published Decisions. Citations to cases in memoranda shall include the reporter volume number, page number, deciding court, and date of decision. Parties shall cite to reporters and other sources as follows:

(A) State cases. Cite official state reports or regional reporters, if therein; otherwise, cite a publicly accessible electronic database.

(B) Federal cases. For decisions of the U.S. Supreme Court, cite the United States Reports or Supreme Court Reporter, if therein; otherwise, cite a publicly accessible electronic database. For all other federal cases, cite Federal Reporter, Federal Supplement, Federal Rules Decisions, or Bankruptcy Reporter, if therein; otherwise, cite a publicly accessible electronic database.

(2) Unpublished Decisions. Unpublished decisions may be cited when relevant under the doctrines of law of the case, res judicata, collateral estoppel, and for factual or persuasive, but not binding, precedential value. Copies of unpublished cases which are not available on a publicly accessible electronic database shall be filed as an attachment.

(h) Factual Assertions.

Factual assertions contained in memoranda must be supported by evidence, such as a declaration, affidavit, or discovery response.

(i) Hearing on Motions.

(1) Caption. Any party filing a motion shall insert the date, time, and place (or phone number if by telephone) for the hearing in the motion's caption.

(sample caption—motion with telephonic oral argument)

(sample caption— motion without oral argument)

(2) Time Requirements.

(A) Nondispositive Motions. The date of the hearing for nondispositive motions must be at least 30 days after the motion's filing.

(B) Dispositive Motions. The date of the hearing for dispositive motions must be at least 50 days after the motion's filing.

(C) Altering Hearing Time Requirements. Hearing time requirements may only be altered by the Court. To seek an expedited hearing on a time sensitive matter, the moving party must file a motion to expedite, which (1) demonstrates good cause, (2) states the position of the opposing party or in the alternative if the opposing party's position if unknown despite diligent efforts, the efforts undertaken to ascertain the opposing party's position are described for the Court, and (3) sets a date of hearing that is not less than 7 days after the motion's filing. Should the motion to expedite require more immediate judicial attention, the motion shall establish the necessity for an immediate hearing, and the filing party shall notify chambers staff of the motion. A response memorandum to an expedited motion is due the day before the hearing set for the expedited motion.

(3) Obtaining a Hearing Date, Time, and Place.

(A) Without Oral Argument. A motion to be heard without oral argument can be set on any weekday on or after the date calculated in LCivR 7(i)(2).

[Note: See the Electronic Case Filing Administrative Procedures regarding the time and place for motions without oral argument.]

(B) With Oral Argument.

(i) In General. To obtain an oral argument hearing date (on or after the date calculated in LCivR 7(i)(2)), time, and place, the party shall (1) contact the opposing party to develop a list of mutually-agreeable hearing dates, times, and places; and then (2) contact the courtroom deputy to determine an available hearing date, time, and place. Telephonic argument may be requested, but the party should consult the courtroom deputy to determine the telephonic argument policy.

(ii) Opposing Party May Elect. If the moving party does not elect oral argument, the opposing party may elect oral argument by inserting the obtained hearing date, time, and place in the response memorandum's caption (with a notation that the previously-without-oral-argument hearing is now with oral argument).

(iii) Court Discretion. Notwithstanding the foregoing procedure, the Court may decide that oral argument is not warranted and proceed to determine any motion without oral argument.

(iv) Hearing Length. Unless specially ordered, not more than 15 minutes shall be allowed for each party for oral argument on any motion.

(C) Waiver. If oral argument is not elected, oral argument is waived absent a motion and good cause shown.

(j) Status of Pending Motions.

If the parties have not received an order within 30 days after the motion has been heard, the parties may contact the courtroom deputy to inquire as to the status of the order.