MOTIONS, BRIEFS AND MEMORANDA OF LAW
- Each motion shall contain no more than one claim or request for relief unless the prayer is seeking alternative relief provided for in a single section of the Bankruptcy Code or Rules.
- In adversary proceedings and contested matters, counsel for the moving party shall confer with counsel for the opposing party and shall file with the Court at the time of filing a motion a statement certifying that he has conferred with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised and the result thereof. If certain of the issues have been resolved by agreement, the certificate shall specify the issues resolved and those remaining for resolution. All motions which are consented to in their entirety shall contain “Agreed” or “Consent” in the title.
- Legal Support for Motion. A moving party shall serve and file with every motion or application in a contested matter or adversary proceeding a memorandum of law or other citation of authority in support of the motion.
- Opposition to Motions and Applications.
- Deadline to File Response in Opposition. Each party objecting to the relief being sought shall file and serve, within fourteen (14) days after service of the motion or application, a response and memorandum with citation of authority. Failure to file such a response shall indicate that the party against whom the motion or application is filed does not contest the relief requested, and shall be sufficient cause for granting the motion or application without further notice or a hearing.
- Certificate of No Objection. If the objection deadline has passed with no objection having been filed or served, counsel for the movant, or the movant if the movant is self-represented, may file a Certificate of No Objection that shall constitute a representation to the Court that the movant and its counsel are unaware of any objection to the motion or application and have verified that no objection appears on the Court’s docket. Upon receipt of the Certificate of No Objection, the Court may enter the Order submitted by the movant without further pleading or hearing. The proposed order shall specify that any hearing on the motion or application is canceled.
- Length of Briefs and Memoranda. All briefs and legal memoranda shall comply with the limitations set forth in the District Local Rules, absent prior permission of the Court.
- Paper Copy for Lengthy Filings Requiring Hearing. Any party that files a paper in a contested matter or adversary proceeding that, together with any memoranda, attachments, affidavits, exhibits, or depositions referenced, exceeds fifty (50) pages, must supply to chambers a full paper copy thereof. The paper copy shall be supplied contemporaneously with filing in matters in which the filing party reasonably expects opposition, such as non-consent dispositive motions. Where a paper filed in an administrative case does not become a contested matter until another party files its opposition, the paper copy shall be supplied no fewer then seven (7) days before the scheduled hearing.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. New Subdivision (A) is a new rule reflects a transfer of certain portions of Local Rule 7007-1 into a local rule applicable to contested matters as well as adversary proceedings. Subdivision (B)(1) is amended to reduce the standard response time from fifteen to fourteen days. Subdivision (C) is amended to incorporate the district’s length limitations, consistent with these rules generally incorporating the district’s font-size limitations. As of this amendment, District Local Rule 5.1(C) requires at least 14-point font, District Local Rule 7.1(F) sets a limit of 8,000 words for supporting and opposing memoranda, and District Local Rule 7.1(I) limits reply memoranda to 3,200 when replies are allowed. Practitioners should also note the requirement for a certificate stating the number of words in the memorandum.