Local Rule 7.1: Motions

Rule 7.1 Motions

(A) How Made. An oral motion may be made during a properly noticed trial or hearing. Any other motion must be in writing in the form required by Local Rule 5.1 and this Local Rule 7.1. A request for action of any kind relating to a case can never be made by a letter to a judge.

(B) Attorney Conference Required. Before filing a motion raising an issue, an attorney for the moving party must attempt in good faith to resolve the issue through a meaningful conference with an attorney for the adverse party. The adverse party's attorney must participate in the conference in good faith. The conference may be conducted in person, by telephone, in writing, or electronically, but an oral conference is encouraged. An email or other writing sent at or near the time of filing the motion is not a meaningful conference. When a conference is conducted in writing or electronically, an attorney ordinarily should be afforded at least 24 hours—as calculated under Federal Rule of Civil Procedure 6—to respond to a communication. This Rule 7.1(B) applies to an unrepresented (pro se) party only if the party is not in custody.

(C) Certificate Required. A motion or supporting memorandum must include a certificate—under a separate heading—confirming that the moving party complied with the attorney-conference requirement of Local Rule 7.1(B) and setting out the results.

(D) Exceptions: Attorney Conference and Certificate Not Required. An attorney conference and certificate are not required for a motion that would determine the outcome of a case or a claim, for a motion for leave to proceed in forma pauperis, or for a motion that properly may be submitted ex parte.

(E) Supporting and Opposing Memoranda Required; Deadline. A party who files a written motion must file a supporting memorandum in the same document with, or at the same time as, the motion. A party who opposes the motion must file a memorandum in opposition. Unless otherwise ordered, the deadline for a memorandum opposing a motion (other than a summary-judgment motion) is 14 days after service of the motion, without a 3-day extension based on electronic service of the motion. The deadline and other requirements that apply to a summary-judgment motion are set out in Local Rule 56.1.

(F) Word Limit. A memorandum must not exceed 8,000 words and must include a certificate stating the number of words in the memorandum. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the memorandum. Headings, footnotes, and quotations count toward the word limit. The case style, signature block, and any certificate of service do not count toward the word limit. If a motion itself exceeds 500 words, the words in the motion count toward the limitation on words in the supporting memorandum. In extraordinary circumstances, the Court may grant leave to file a longer memorandum, but doing so is disfavored. A party who moves for leave to file a longer memorandum may attach the proposed memorandum to the motion if all opposing parties consent to the motion; otherwise the party must obtain leave to file the longer memorandum before tendering the longer memorandum.

(G) Exceptions: Memoranda Not Required. Supporting and opposing memoranda are not required for:

(1) an unopposed motion;

(2) a motion for leave to proceed in forma pauperis;

(3) a motion for leave for an attorney to appear pro hac vice or withdraw or for substitution of counsel;

(4) a motion to withdraw or substitute exhibits;

(5) a motion to exceed a word or page limit or for leave to file a reply memorandum.

(H) Failing to File a Required Memorandum. The Court may deny a moving party's motion if the party does not file a memorandum as required by this rule. The Court may grant a motion by default if an opposing party does not file a memorandum as required by this rule.

(I) Reply Memoranda. A party ordinarily may not file a reply memorandum in support of a motion. But a party may file a reply memorandum in support of a summary-judgment motion under Local Rule 56.1(D). And in extraordinary circumstances, the Court may grant leave to file a reply memorandum in support of another motion. A reply memorandum must not exceed 3200 words (counted and certified as under Local Rule 7.1(F)) unless the Court sets a higher limit. When leave to file a reply memorandum is required, a party must obtain leave before tendering the reply memorandum.

(J) Notices of Supplemental Authority. If a pertinent and significant authority comes to a party's attention after the party's memorandum has been filed—or after a hearing but before decision—the party may file a notice of supplemental authority. The notice must not exceed 350 words. A copy of the cited authority may be attached. Any response must be made promptly and must be similarly limited.

(K) Oral Argument. The Court may—and most often does—rule on a motion without oral argument, even if a party requests oral argument. But the Court may set an oral argument on its own or at the request of a party. A request may be made as part of the motion or supporting or opposing memorandum, should be set out under a separate heading, and should include an estimate of the required time.

(L) Emergencies. A motion that requires a ruling more promptly than would occur in the ordinary course of business may be labeled an emergency. The motion or supporting memorandum should explain the emergency. The moving party should orally advise the Clerk's office that the emergency motion has been filed. The Court may require an expedited response or otherwise amend the schedule as appropriate.

(M) Sending Letters—or Copies of Letters—to the Judge. A party or victim may address a letter to the judge about a forthcoming sentencing, but the letter must be provided to the probation office—not directly to the judge. A party must not address or send any other letter to the judge. A copy of a letter to and from others—including a letter between attorneys—may be filed with the Clerk as an exhibit when relevant to an issue that is being submitted. But filing letters between attorneys is discouraged. For purposes of this rule, a "letter" includes correspondence of any kind, including email.