Local Rule CV-7: Pleadings Allowed; Form of Motions

RULE CV-7. PLEADINGS ALLOWED; FORM OF MOTIONS

(a) Generally. Unless made during a hearing or trial, a pleading, motion, or other submission must meet the requirements of Rule CV-10.

(b) Leave to File. When a motion for leave to file a pleading, motion, or other submission is required, an executed copy of the proposed pleading, motion, or other submission shall be filed as an exhibit to the motion for leave. Unless otherwise ordered, if the motion for leave is granted, the clerk shall promptly file the pleading, motion, or other submission. After leave is granted, any applicable time limits triggered by the pleading, motion, or other submission shall run from the filing of the pleading, motion, or other submission by the clerk or otherwise.

(c) Motions.

(1) Generally. Any legal authority in support of a motion must be cited in the motion, and not in a separate brief. An appendix may be filed with the motion specifying any factual basis relied upon. If filed, the appendix must include all affidavits, deposition transcripts, or other documents supporting the relied upon facts. All motions must state the grounds therefor and cite any applicable rule, statute, or other authority justifying the relief sought.

(2) Page Limits. Unless otherwise authorized by the court, discovery and case management motions are limited to 10 pages, and other motions are limited to 20 pages. These page limits are exclusive of the caption, the signature block, any certificate, and any accompanying documents.

(d) Responses.

(1) Generally. Any party opposing a motion shall file a response and supporting documents as are then available. The response must contain a concise statement of the reasons for opposition to the motion and citations of the legal authorities on which the party relies.

(2) Time Limits. A response to a discovery or case management motion shall be filed not later than 7 days after the filing of the motion. A response to other motions shall be filed not later than 14 days after the filing of the motion, except as provided by Rule CV-15. If there is no response filed within the time period prescribed by this rule, the court may grant the motion as unopposed.

(3) Page Limits. Unless otherwise authorized by the court, a response to a discovery or case management motion is limited to 10 pages and a response to other motions is limited to 20 pages. These page limits are exclusive of the caption, the signature block, any certificate, and any accompanying documents.

(e) Replies.

(1) Generally. A party may file a reply in support of a motion. Absent leave of court, no further submissions on the motion are allowed.

(2) Time Limit. A reply in support of a motion shall be filed not later than 7 days after the filing of the response to the motion. The court need not wait for a reply before ruling on a motion.

(3) Page Limits. Unless otherwise authorized by the court, a reply in support of a discovery or case management motion is limited to 5 pages and a reply in support of other motions is limited to 10 pages. These page limits are exclusive of the caption, the signature block, any certificate, and any accompanying documents.

(f) Proposed Orders. A proposed order is required for all discovery and case management motions.

(g) Conference Required. The court may refuse to hear or may deny a nondispositive motion unless the movant advises the court within the body of the motion that counsel for the parties have conferred in a good-faith attempt to resolve the matter by agreement and certifies the specific reason that no agreement could be made. If there is any ambiguity about whether a motion is dispositive or nondispositive, the parties should confer. Movants are encouraged to indicate in the title of the motion whether the motion is opposed. A motion is unopposed only if there has been an actual conference with opposing counsel and there is no opposition to any of the relief requested in the motion.