(a) Negative Notice Language
Notice and an opportunity for hearing may be accomplished by the inclusion of the following form language presented conspicuously, fully capitalized in bold faced type (at least 12 pt.) and placed immediately below the caption and before the body of the pleading. This language should not be used for (1) matters granted without a hearing as set forth herein, (2) matters set forth in Appendix L-9014, (3) matters upon which a hearing is specifically required by the Bankruptcy Code or by applicable rules, or (4) matters that require the Court to act within a shortened time frame.
THIS PLEADING REQUESTS RELIEF THAT MAY BE ADVERSE TO YOUR INTERESTS.
IF NO TIMELY RESPONSE IS FILED WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE, THE RELIEF REQUESTED HEREIN MAY BE GRANTED WITHOUT A HEARING BEING HELD.
A TIMELY FILED RESPONSE IS NECESSARY FOR A HEARING TO BE HELD.
(b) Responses to Motions, Applications, and Objections to Claims
(1) Time of Filing. A party who opposes the relief requested must file a responsive pleading within the time set out in the negative notice (if applicable). If negative notice language is not used, a response is not required unless the Court or these rules direct.
(2) Format. Responses to motions, applications, and other requests for relief shall comply with L. Rule 9004, except that no proposed form of order is required. Responses shall also comply with L. Rule 9011.
If a matter requires hearing, notice of the setting shall be accomplished by the Clerk, unless otherwise directed by the Court. Any contested matter may be set for hearing by the Court even if negative notice language has been used and even if no party has requested a hearing.
(d) Matters Granted Without Hearing
The Court may rule, without further notice or hearing, on certain matters including the following:
(1) motions for admission pro hac vice, pursuant to L. Rule 1001(e);
(2) motions to shorten notice pursuant to FRBP 2002;
(3) motions to enlarge time pursuant to FRBP 9006;
(4) motions to expedite hearings;
(5) motions for new trial pursuant to FRBP 9023;
(6) motions for reconsideration pursuant to FRBP 9024; and
(7) motions for continuance.
(e) Expedited Hearing or Consideration
(1) Except as otherwise provided by standing order, a motion for expedited hearing of a matter, or to expedite consideration of any matter, shall be filed as a separate pleading. Such motions may be granted only for good cause stated in the pleading and shall contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical.
A proposed form of order shall accompany the motion for expedited hearing and the order shall contain a paragraph in substantially the following format (including blanks):
“The [name of underlying pleading] is scheduled for expedited hearing on the ____ day of ___________, _____, at ________ __.m., in [name and address of court, including courtroom if applicable]. Notice of the hearing shall be given by movant/applicant.”
The moving party is responsible for notice of hearing on expedited matters. Movant shall file a certificate of notice listing persons served. The certificate should be filed within five (5) days of such service but in no event later than the date and time of the hearing.
(1) Time for filing. No continuance of any hearing will be granted except upon motion filed no later than three (3) calendar days prior to the scheduled hearing and upon good cause shown on the face of the pleading. The Court may consider such a motion filed less than three (3) calendar days prior, but only if the motion sets forth the emergency that explains why it was not timely filed. The motion shall contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical.
(2) Agreement to continue insufficient. The agreement of the parties to a continuance is not, of itself, good cause for granting a continuance.
(3) Appearance required. Unless the Court grants the motion for continuance prior to the hearing, the parties are required to appear at the scheduled hearing. The filing of a motion for continuance of itself does not excuse appearance.
(4) Certificate. The moving party shall file a certificate signed by the party or the party’s attorney reflecting the date of any hearing reset by the Court, and reflecting service of notice that reset hearing, within five (5) days of such service.
(g) Exhibits For Hearings in Contested Matters
L. Rule 7016(f) applies in contested matters.
(h) FRBP 7015, to the extent that it adopts FRCP 15(c), applies in contested matters.
(i) FRCP 26(b) and (c), as implemented by FRBP 7026, apply in contested matters and the remainder of FRCP 26 does not apply unless the Court orders otherwise.