Local Rule LOCAL CIVIL RULE 7: PLEADINGS ALLOWED; FORM OF MOTIONS

LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS

(a) Extension of Time to Plead. Upon certification by a moving party that there has been no previous extension of time to plead and that the opposing party has not filed in the record an objection to an extension of time, then on an ex parte motion and order, the Court will allow one extension for a period of twenty-one days from the time the pleading would otherwise be due. Further extensions will not be granted by stipulation, but only by motion to the Court and for good cause shown. This rule shall apply to pleadings listed in Fed. R. Civ. P. 7(a).

(b) Submission of Motions. All motions, except those made during a hearing or trial which is being properly recorded into the Court record, shall be made in writing. Documents filed with the motion are thereby made a part of the record.

(c) Submission of Ex Parte or Consent Motions. An application for an order allowed by these Rules to be submitted ex parte or by consent shall be accompanied by a proposed order on a separately captioned page. Except as otherwise ordered in an individual case, every such application shall be filed pursuant to LR5(a).

(d) Motions Must Be Accompanied by Memorandum. All contested motions must be accompanied by separate memoranda which must contain a concise statement of reasons supporting the motion and citations of authorities. If the motion requires consideration of facts not in the record, the movant must also file and serve upon opposing counsel a copy of all evidence supporting the motion. Memoranda may not be supplemented, except with leave of court.

(e) Motions Not Requiring Memorandum. All motions listed below, while not required to be accompanied by a memorandum, must state the grounds therefor and cite any applicable rule, statute, or other authority justifying the relief sought. No memorandum is required by either movant or respondent, unless otherwise directed by the Court, with respect to the following motions: (1) For extension of time for the performance of an act required or allowed to be done, provided request therefor is made before the expiration of the period originally prescribed or as extended by previous orders; (2) to continue a pretrial conference, hearing, motion, or the trial of an action; (3) to add additional parties; (4) to amend pleadings; (5) to file supplemental pleadings; (6) to appoint next friend or guardian ad litem; (7) to intervene; (8) for substitution of parties; (9) joint motions to dismiss or consolidate; and (10) to withdraw as counsel. Prior to filing any motion under this section, the moving party shall attempt to obtain consent for the filing and granting of such motion from all parties having an interest to oppose, and a certificate stating the position of the other parties shall be included in the motion. A proposed order on a separately captioned page shall accompany each motion filed under this paragraph.

(f) Response and Memorandum. Each respondent opposing a motion shall file a response, including opposing affidavits, and such supporting documents as are then available, within twenty-one days after service of the motion. Memoranda shall contain a concise statement of reasons in opposition to the motion and a citation of authorities upon which the respondent relies. Memoranda must also include appropriate citations to direct the Court to specific references within cited supporting material (e.g., Ex. 1 – Plaintiff Depo, p.5, ll. 8-10 or Rec. Doc. 1 – Complaint, p.3, ¶22). For good cause appearing therefor, a respondent may be required to file a response and supporting documents, including memoranda, within such shorter or longer period of time as the Court may order. Reply memoranda may be filed without leave of Court in Rule 12 and Rule 56 motions only. Any such reply memoranda shall be filed within fourteen days after service of the response to the motion. Leave of court must be obtained to file surreplies in Rule 12 and Rule 56 motions. Leave of court must be obtained to file reply and surreply memoranda in all other motions not listed.

(g) Memoranda. All memoranda filed by a party (including briefs, memoranda in support of or in opposition to a motion and appeals to District Judges) shall be limited to twenty-five pages excluding attachments. If included with memoranda or otherwise required by a court order, these Local Rules, or the Federal rules of Civil Procedure, a table of contents, table of authorities, and certificate of service are also excluded from the page limits for memoranda. Signature blocks must begin on or before the last page but can extend beyond the page limit. The form of the memorandum shall comply with LR10(a). Reply and surreply memoranda, if permitted, shall be limited to ten pages. Leave of Court must be obtained to file memoranda in excess of the limit above.

(h) Mandatory Meet and Confer Prior to Filing Motions in Limine. To avoid the needless filing of motions in limine, the Court requires the party seeking to file a motion in limine on a subject matter other than the admissibility of expert testimony (i.e., non-Daubert motions in limine), to confer or attempt to confer with the opposing party (or any party having an interest to oppose) before filing the motion in a good faith effort to resolve the issue(s) amicably. If a consensus cannot be reached, the motion in limine must contain a certification that the movant conferred or attempted to confer in a good faith effort to resolve the issue(s) amicably but was unable to reach an agreement. If after filing the motion in limine, the movant determines there is no longer a dispute, the movant shall promptly file a motion to withdraw the motion in limine.