Local Rule LR7: CIVIL PRETRIAL MOTION PRACTICE

LR7. CIVIL PRETRIAL MOTION PRACTICE

LR7.1 Form. Opposed motions shall

A. Be in writing;

B. Include or be accompanied by authority;

C. Be accompanied by a separate proposed order granting the relief requested and setting forth information sufficient to communicate the nature of the relief granted;

D. Except for motions under Federal Rules of Civil Procedure 12(b), (c), (e), or (f) and 56, contain an averment that

(1) The movant has conferred with the respondent and

(2) Counsel cannot agree about the disposition of the motion.

LR7.2 Unopposed Motions. Motions without opposition and their proposed orders must bear in their caption "unopposed." They will be considered as soon as it is practicable.

LR7.3 Submission. Opposed motions will be submitted to the judge 21 days from filing without notice from the clerk and without appearance by counsel. (Amended by General Order 2009-17, effective December 1, 2009.)

LR7.4 Responses and Replies. Failure to respond to a motion will be taken as a representation of no opposition. Responses to motions

A. Must be filed by the submission day;

B. Must be written;

C. Must include or be accompanied by authority; and

D. Must be accompanied by a separate form order denying the relief sought.

E. Replies. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a brief within 7 days from the date the response is filed.

(Amended by General Order 2018-16, effective November 26, 2018).

LR7.5 Oral Submission.

7.5.A. By Request. If a party views oral argument as helpful to the Court, the motion or response may include a request for it. If it is granted, the parties will be notified by the clerk.

7.5.B. By Order. When oral presentation is required by the Court, counsel will be notified by the clerk of a date for oral presentation irrespective of any submission day.

LR7.6 Consolidation. A motion to consolidate cases will

A. Contain in the caption of the motion

(1) The case numbers;

(2) Full styles; and

(3) Judge to whom each of the cases is assigned.

B Be filed only in the oldest case with a courtesy copy furnished to the other affected courts.

C. Be heard by the judge to whom the oldest case is assigned.

D. The term "oldest case," as used in this Rule, means the case filed first in any court, state or federal, including cases removed or transferred to this Court.

LR7.7 Supporting Material. If a motion or response requires consideration of facts not appearing of record, proof by affidavit or other documentary evidence must be filed with the motion or response.

LR7.8 Hearing. The Court may in its discretion, on its own motion or upon application, entertain and decide any motion, shorten or extend time periods, and request or permit additional authority or supporting material.