Local Rule Civil L.R. 7: Form of Motions and Other Papers

Civil L.R. 7. Form of Motions and Other Papers

(a) Form of Motion. Every motion must state the statute, rule, or legal or equitable principle pursuant to which it is made.

(b) Movant's Supporting Materials. Except as ordered by the Court, any motion filed pursuant to Fed. R. Civ. P. 12(b) or 56 must be supported by a brief. For other motions, supporting briefs are required where necessary to set forth the legal and factual basis for the relief sought. A supporting brief may be included within the body of the motion. Absent Court order otherwise, any brief, exhibit, or other supporting paper must be filed contemporaneously with the motion. Failure to file a brief in support of a motion under Fed. R. Civ. P. 12(b) or 56 is sufficient cause to deny the motion, and failure to file a brief may be sufficient cause to deny any other motion.

(c) Non-Movant's Response. Unless the Court orders otherwise, the non-movant must file any brief, exhibit, or other paper in opposition to a motion, except a motion under Fed. R. Civ. P. 56, within fourteen (14) days of service of the motion. Failure to file a brief in opposition to any motion, other than one under Fed. R. Civ. P. 12(b) or 56, may be sufficient cause to grant the motion.

(d) Movant's Reply. Unless the Court orders otherwise, any reply in support of a motion, except a motion under Fed. R. Civ. P. 56, must be filed within seven (7) days of service of the non-movant's response.

(e) Length of Briefs. Principal briefs in support of, or in opposition to, any motion must not exceed thirty (30) pages, and reply briefs must not exceed fifteen (15) pages. These limitations exclude any caption, cover page, table of contents, table of authorities, and signature block. No brief exceeding these page limitations may be filed unless the Court has previously granted leave to file a brief in excess of these limits.

(f) Citations.

(1) This Court does not prohibit or restrict the citation of unreported or non-precedential opinions, decisions, orders, judgments, or other written dispositions.

(2) If a party cites a judicial opinion, order, judgment, or other written disposition that is not available in a publicly accessible electronic database, the party must file and serve a copy of the document with the brief or other paper in which it is cited.

(3) If pertinent and significant authority comes to a party's notice after the briefs have been filed, but before decision, a party may promptly advise the Court by notice setting forth the citations and stating the reason the authority was not cited in the party's brief. The notice must specifically refer either to a page of the brief(s) already filed or to a point argued orally. The notice may not exceed two (2) pages and must not present a new argument. No response may be filed unless the presiding Judge so authorizes.

(g) Courtesy Copy of Supporting Papers. If a party's exhibits in support of, or in opposition to, a motion exceed fifty (50) pages in the aggregate, that party must submit a courtesy copy to chambers. The courtesy copy must be printed from PACER (i.e., after electronic filing) so that the CM/ECF PDF headers, which contain the case number, docket number, and page number, appear at the top of every page. Additionally, where exhibits are numerous, it is helpful to the Court to receive well-organized, tabbed binders of double-sided copies, along with an index or table of contents.

(h) Oral Argument. In its discretion, the Court may rule on any motion without oral argument. Oral argument requests must contain specific reasons why oral argument would be helpful. Unless otherwise ordered by the Court, oral arguments will not exceed thirty (30) minutes, apportioned among the participants as appropriate.

(i) Modification of Provisions in Particular Cases. The Court in any case may provide by order or other notice to the parties that different or additional provisions regarding motion practice apply.