Local Rule LCvR 7.1: MOTIONS IN CIVIL CASES, BRIEF REQUIREMENTS, EXHIBIT NUMBERING, PAGE LIMITS, AND PROPOSED ORDERS

LCvR 7.1 MOTIONS IN CIVIL CASES, BRIEF REQUIREMENTS, EXHIBIT NUMBERING, PAGE LIMITS, AND PROPOSED ORDERS

(a) Motions in Writing. Unless made during a hearing or trial, all motions must be written and filed as provided by LCvR 5.2.1 and must state with particularity the grounds for the motion and the relief or order sought. Motions ordinarily will be ruled on without oral argument.

(b) Requirement of Consultation. Civil motions must show that counsel have conferred and attempted in good faith to resolve areas of disagreement, or describe the timely attempts of the movant to confer with opposing counsel. A motion that fails to show that the parties have properly conferred or attempted to confer may be summarily denied. Consultation is not required for: (1) dispositive motions; (2) motions where the moving party is represented and the non-moving party is unrepresented; or (3) motions for an extension of time to file a responsive pleading to a complaint, counterclaim, crossclaim, or any other initial petition for relief.

(c) Requirement of Briefs. A brief must be filed contemporaneously with the motion, except no brief is required to support timely motions to seal or for admissions pro hac vice, extensions of time, continuances, or early discovery. Supporting exhibits must be attached as appendices as specified in the Administrative Procedures. Factual contentions must be supported as specifically as possible by citation to exhibit number and page.

(1) Motions Contained in Initial Responsive Pleadings. Motions to dismiss in answers to complaints, replies to counterclaims, or answers to crossclaims are deemed to be made merely to preserve the issue and will not be addressed by the Court. A party seeking a decision on any preserved motion must file a separate motion and supporting brief.

(2) Motions Not to Be Included in Responsive Briefs. Motions shall not be included in responsive briefs. Each motion must be set forth as a separately filed pleading.

(3) Exhibits Must Be Numbered and Filed as a Separate Attachment. All exhibits, and all pages within an exhibit, must be numbered before filing. Each exhibit must be filed as a separate attachment to the pleading it supports. Exhibits previously filed may be incorporated into any other pleading by reference to the docket entry, exhibit number, and page.

(d) Page Limits, Fonts, and Spacing. Page limits, font sizes, spacing, and other formatting requirements are governed by the Standing Civil Order of the judge to whom the case is assigned or in the Case Management Order entered in the particular matter. Absent such requirements in the Standing Civil Order or the Case Management Order of the judge to whom the case is assigned, the page limit for any brief is 25 pages, the font size is a minimum of 12 point, lines are double-spaced, margins are one inch, and each page is numbered.

(e) Time Frames for the Filing of Responses to Motions and for Replies. Responses to motions must be filed within fourteen (14) days of the date on which the motion is served. A reply to the response to a motion, if any, must be filed within seven (7) days of the date on which the response is served. A reply brief should be limited to a discussion of matters newly raised in the response. If the party making the motion does not wish to file a reply brief, the party must promptly inform the Court and opposing counsel in a filed notice. Surreplies are neither anticipated nor allowed by this Rule, but leave of Court may be sought to file a surreply when warranted.

In an action seeking judicial review of a final administrative decision, the Court may enter a Scheduling Order providing for the filing of cross motions for summary judgment or other relief with no responsive or reply briefs allowed. Examples of such actions include, but are not limited to, Social Security disability and Supplemental Security Insurance benefit actions and ERISA claims. Where a Scheduling Order is entered, the Scheduling Order preempts the briefing requirements in LCvR 7.1(e).

(f) Continuance Motions. A motion seeking continuance of a hearing or trial must be filed promptly upon counsel learning of the need for same.

(g) Proposed Orders. Proposed orders are not required, unless otherwise ordered by the Court. If directed to provide a proposed order, parties must submit the order through Cyberclerk and serve the proposed order on all parties.

(h) Electronic Format for Briefs, Motions, and Pleadings. Briefs, motions, and pleadings must be filed in a PDF readable format, rather than an electronically copied format, whenever possible.

(i) Notice to Official Court Reporter for Certain Proceedings. Where a party knows in advance that a transcript will be required of a hearing before a United States Magistrate Judge or other judicial officer (before whom proceedings are digitally recorded), the party must, before the hearing, notify the Official Court Reporter serving such judicial officer of the need.

(j) Citation of Supplemental Authority. If pertinent and significant authorities come to a party's attention after the party's final brief has been filed and before a decision has been rendered, a party must promptly advise the Court by filing a Notice of Supplemental Authority setting forth the citations to such authorities. The notice must state the reasons for the supplemental citations, referring either to the page of the brief or to a point argued orally, but shall not contain any further argument. The notice must not exceed two pages and any response must be made promptly and is similarly limited.

Advisory Committee Notes Changes to sections (a) through (i) of this Rule are not substantive. The language of these sections has been amended as part of a general restyling of the Local Rules to make them more easily understood and to make style and terminology consistent throughout the Rules. Section (j) is a new Rule intended to mirror FRAP 28(i), which provides the appellate procedure for noticing supplemental authority.