Local Rule LR 7.3: MOTION PRACTICE

LR 7.3 MOTION PRACTICE

(a) Form. All motions, unless made during a hearing or at trial, shall be in writing and shall be accompanied by a brief except as provided in section (j) of this rule. Each motion shall be set out in a separate document.

(b) Content. All motions shall state with particularity the grounds therefor, shall cite any statute or rule of procedure relied upon, and shall set forth the relief or order sought.

(c) Decided on Motion Papers and Briefs.

(1) Motions shall be considered and decided by the Court on the pleadings, admissible evidence in the official court file, motion papers and briefs, without hearing or oral argument, unless otherwise ordered by the Court. Special considerations thought by counsel sufficient to warrant a hearing or oral argument may be brought to the Court's attention in the motion or briefs.

(2) The clerk shall give at least seven days' notice of the date and place of oral argument. The Court, however, for good cause shown may shorten the seven-day notice period.

(d) Limitations on Length of Briefs.

(1) Except with the Court's prior permission, briefs prepared on a computer in support of motions and responsive briefs shall not exceed 6,250 words and reply briefs shall not exceed 3,125 words. The word count shall include the body of the brief, headings and footnotes. The caption, signature lines, certificate of service, and any cover page or index are not included. Each brief shall include a certificate of word count, signed by counsel or a pro se party, which includes a certification that the brief complies with this rule. The filing party may rely on word count feature of word processing software in making this certification.

(2) Briefs prepared on a typewriter or by hand in support of motions and responsive briefs shall not exceed 20 pages, and reply briefs are limited to 10 pages.

(3) A party may not incorporate by reference arguments made in another brief or file multiple motions to circumvent these limits.

(4) In the absence of a court order, all parties that are represented by the same legal counsel must join together in a single brief. That single brief may not exceed the length limits in this rule. Absent leave of court, and for good cause shown, all issues raised on summary judgment under Fed. R. Civ. P. 56 must be raised by a party in a single motion supported by a single brief. When the alignment of the parties or other circumstances would warrant a different approach, the parties may address that matter in their Rule 26(f) report and/or by separate motion(s) setting out an alternative proposal to the Court.

(e) Movant's Supporting Documents. When allegations of facts not appearing of record are relied upon to support a motion, affidavits, parts of depositions, and other pertinent documents then available shall accompany the motion or related brief. If supporting documents are not then available, the party may move for an extension of time in accordance with section (g) of this rule.

(f) Response to Motion. A respondent, if opposing a motion, shall file a response brief, within 21 days after service of the motion (30 days if the motion is for summary judgment; see LR 56.1(d)) (14 days if the motion relates to discovery; see LR 26.2 and LR 37.1). If supporting documents are not then available, the respondent may move for an extension of time in accordance with section (g) of this rule. For good cause appearing therefor, a respondent may be required to file any response brief and supporting documents within such shorter period of time as the Court may specify.

(g) Lead Plaintiff Briefing in PSLRA Cases. In matters to which the Private Securities Litigation Reform Act ("PSLRA") applies, briefs in response to motions to serve as lead plaintiff shall be filed within seven (7) calendar days of the filing of the motion. No reply briefs shall be permitted.

(h) Reply Brief. A reply brief may be filed within 14 days after service of the response. A reply brief is limited to discussion of matters newly raised in the response. (7 days if the reply is related to a discovery motion; see LR 26.2 and LR 37.1).

(i) Suggestion of Subsequently Decided Authority. As an addendum to a brief, response brief, or reply brief - or after oral argument but before decision - a suggestion of subsequent pertinent and significant authorities may be filed at any time prior to the Court's ruling and shall contain only the citation to the case relied upon, if published, or a copy of the opinion if the case is unpublished.

(j) Motions Not Requiring Briefs. No brief is required by either movant or respondent, unless otherwise directed by the Court, with respect to the following motions: (1) discovery motions in which the parties have agreed to the expedited procedures described in LR 37.1(b); (2) 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; (3) to continue a pretrial conference, hearing, or the trial of an action; (4) to add parties; (5) to amend the pleadings; (6) to file supplemental pleadings; (7) to appoint a next friend or guardian ad litem; (8) for substitution of parties; (9) to stay proceedings to enforce judgment; and (10) for relief sought to which all parties to the action consent. The above motions, while not required to be accompanied by a brief, must state good cause therefor and cite any applicable rule, statute, or other authority justifying the relief sought. These motions must be accompanied by a proposed order.

(k) Failure to File and Serve Motion Papers. The failure to file a brief or response within the time specified in this rule shall constitute a waiver of the right thereafter to file such brief or response, except upon a showing of excusable neglect. A motion unaccompanied by a required brief may, in the discretion of the Court, be summarily denied. If no response brief is filed within the time required by this rule, the motion will be considered and decided as an uncontested motion, and ordinarily will be granted without further notice.

Commentary "Single" as used in this rule and specifically in Rule 7.3(d)(4) is to prevent multiple motions filed contemporaneously and briefed separately. The Court recognizes that, in some rare circumstances, a summary judgment motion could be appropriate on a discrete matter prior to the close of discovery. In such an instance, a later summary judgment motion filed after the close of discovery would not be precluded by the rule.