Local Rule LCvR7.1: Motion Practice

LCvR7.1 Motion Practice.

(a) Filing. No attached pleadings, motions, or other papers shall be removed for filing from an original motion or request. Nor shall pleadings, motions, or other papers be held by the clerk for filing, awaiting leave to do so.

(b) Title of Motions and Briefs. Each motion and brief shall be clearly titled to identify on whose behalf it is presented. Each brief shall be clearly titled to show whether it is opening, response, reply, or supplemental; the particular motion or proceeding to which it relates; and the party or parties on whose behalf it is presented. If there are multiple parties or if there are cross-claimants or intervenors, references to them shall include the name (which may be abbreviated) of the particular party to whom reference is made.

(c) Format of Motions. Each motion filed shall be a separate document, except where otherwise allowed by law, these rules, or court order. A response to a motion may not also include a motion or a cross-motion made by the responding party. If a party responding to a motion files a cross-motion or other closely-related motion concurrently with the filing of the response, the brief in support of the cross-motion or other closely-related motion may be combined with the responsive brief.

(d) Font Size and Margins. For all pleadings, motions, and briefs the print style, including footnotes, shall not be less than 13-point type, and margins shall be a minimum of one inch on the top, bottom, and sides. Additionally, these documents shall comply with the format requirements in LCvR5.2.

(e) Length and Format of Opening and Response Briefs. Briefs shall not, without leave of court, exceed 30 pages as to opening and response summary judgment briefs, and 25 pages as to all others. Motions for leave to file oversized briefs shall state the requested number of pages and shall be filed no later than one business day prior to the date the brief is due.

Cover page, table of contents, table of authorities, signature block, certificate of service, and exhibits do not count toward any page limitation prescribed herein. Quotations longer than two lines may be indented and single-spaced. Headings and footnotes may be single-spaced.

Briefs longer than 15 pages shall be accompanied by an indexed table of contents showing headings or sub-headings and an indexed table of statutes, rules, ordinances, cases, and other authorities cited.

(f) Authority. Any authority not readily available, including statutes foreign to the jurisdiction and ordinances which are relied upon by a party, shall be cited and quoted in or attached to the brief of the party.

(g) Timing of Response Briefs. Each party opposing a motion shall file a response within 21 days after the date the motion was filed. Any motion that is not opposed within 21 days may, in the discretion of the court, be deemed confessed. The court may shorten or lengthen the time in which to respond.

(h) Reply and Supplemental Briefs. Reply briefs are optional and not encouraged. Unless otherwise prohibited by the court, a reply to new matter raised in the response may be filed within 7 days after the date the response was filed. Reply briefs shall not be used to reargue the points and authorities included in the opening brief. Reply briefs shall be limited to 10 pages in length unless otherwise authorized by the court and shall comply with the format requirements of LCvR7.1(e).

Supplemental briefs may be filed only upon motion and leave of court.

(i) Factual Matters Not Part of the Record. Factual statements or documents appearing only in briefs shall not be deemed to be a part of the record in the case, unless specifically permitted by the court.

(j) Motions Not Requiring Briefs. No brief is required by either movant or respondent unless otherwise directed by the court, with respect to the following motions: (1) motions for extension of time or a continuance of any proceeding before the court; (2) to amend pleadings; (3) to file supplemental pleadings; (4) to appoint next friend or guardian ad litem; (5) for substitution of parties; (6) for motions to compel discovery responses when no response has been made; (7) to amend briefs; (8) to file supplemental motions, briefs, or other papers; and (9) to file an oversized brief in compliance with subsection (e) above. Said motions not requiring briefs shall state whether opposing counsel agrees or objects to the request, shall include as a separate section under the heading "Relief Requested" a statement of the precise relief requested by the motion, and shall be accompanied by a proposed order setting forth the relief requested which shall not differ in any respect from the relief requested in the motion. The proposed order shall also be served in accordance with LCvR5.5.

(k) Motion and Brief as One Document. A motion and brief in support may be filed as one document if identified as such in the title of the document.

(l) Supplemental Authority. If authority directly relevant to an issue raised in a pending motion is issued after a party's final brief on that motion has been filed, the party may file a Notice of Supplemental Authority, attaching the new authority, without leave of court. The Notice of Supplemental Authority shall not contain any argument but may identify the proposition in filed briefs to which the authority is relevant. If a party desires to present argument regarding the new authority, the party must apply for leave to file a supplemental brief.

(m) Exhibits, Attachments, and Appendices. Unnecessarily voluminous exhibits, attachments, and appendices to filings should be avoided. A filer should submit as an exhibit or attachment only excerpts of documents that are relevant to the matter under consideration. Excerpted material must be clearly and prominently identified as such and, upon request, the filer must promptly provide to any requesting party, including the court, the full document from which the excerpt was taken. No response or reply brief shall include an exhibit or attachment that is already included with the motion under consideration; reference shall instead be made to the exhibit or attachment to the motion under consideration, using the ECF Document Number.