- Motions Requesting Emergency Hearings.
- When filing a motion, response to a motion, or pleading which seeks an emergency hearing, the docket text should be modified to include the words “Emergency Motion.” After filing the emergency motion and the statement of need described in subdivision (B)(3) below, counsel for the moving party may contact the Judge’s chambers by telephone if an emergency hearing is requested. Counsel for the moving party shall follow any other instructions that are provided by the ECF filing system when docketing an emergency motion.
- Emergency hearings shall ordinarily be held only where direct, immediate, and substantial harm will occur to:
- the interest of a person or entity in property;
- the estate; or
- the debtor's ability to reorganize if the parties are not able to obtain an immediate resolution of the dispute.
- A motion seeking an emergency hearing shall be accompanied by a "Statement of Need For Emergency Hearing" containing:
- An explanation as to why the relief requested requires an emergency hearing;
- A certification that the need for an emergency hearing is not caused by lack of due diligence by the party, or its counsel, seeking the relief; and
- A certification that the movant or its counsel have made diligent efforts to confer with any opposing party or its counsel to resolve the issue without an emergency hearing.
All hearings may be adjourned or continued from time to time by announcement made in open Court without further written notice.
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. Subdivision (A) has been removed as current local practice ordinarily uses preliminary non-evidentiary hearings in situations where a party would otherwise request a hearing.