Local Rule LR 7.01: MOTIONS GENERALLY

LR 7.01 – MOTIONS GENERALLY All filings requesting relief from or action by the Court must be in the form of a motion. For motions filed in CM/ECF, the filer must select a "Motion" event.

(a) Conference with Counsel, Filing, Response and Reply.

(1) Conference with Counsel. In cases in which all parties are represented by counsel, all motions, except motions under Rules 12, 55, 56, 59, or 60, and motions for admission pro hac vice, must state that counsel for the moving party has conferred with all other counsel, and whether or not the relief requested in the motion is opposed. In those instances where counsel for the moving party is unable to confer with all other counsel, the motion must describe all attempts made to confer with counsel.

(2) Motion and Supporting Memorandum. Every motion requiring a determination of law must be accompanied by a memorandum of law citing supporting authorities and, where allegations of fact are relied upon, affidavits, depositions, or other exhibits in support thereof. The memorandum may be separately filed from the motion or may be incorporated with the motion. If the memorandum is filed separately, it shall not be filed as an exhibit or addendum to the motion. If the memorandum is incorporated, the filing must be clearly titled as a "MOTION AND MEMORANDUM OF LAW". No memorandum or combined Motion and Memorandum of Law shall exceed twenty-five (25) pages without leave of Court.

(3) Response. Any party opposing a motion must serve and file a memorandum of law in response, and, if necessary to support assertions of fact, affidavits and depositions, not later than fourteen (14) days after service of the motion, unless otherwise ordered by the Court. The response in opposition shall not exceed twenty-five (25) pages without leave of Court. If a timely response in opposition is not filed, the motion shall be deemed to be unopposed.

(4) Reply. An optional reply memorandum may be filed within seven (7) days after service of the response, and shall not exceed five (5) pages without leave of Court.

(b) Action by Court. The Court may act on the motion prior to the time allowed for response. In such event, the affected party may file a motion for relief from the Court's ruling within fourteen (14) days after service of the order reflecting the action of the Judge. The prevailing party shall not respond to a motion for relief under this section unless the Court orders a response.

(c) Motions to Ascertain Status of Case. At any time, an attorney for any party or any pro se party may file a written motion inquiring as to the status of the case or to pending motions. If expedited disposition is sought, the motion must include a detailed statement of the grounds warranting an expedited disposition of the case or motion.

(d) Applicability to Rule 56 Motions. This rule does not apply to motions for summary judgment filed under Fed. R. Civ. P. 56, the procedures for which are governed by LR 56.01.