Local Rule 7016

Pretrial Procedures; Formulating Issues

 
(a).

Scheduling Order
Following the filing of an answer or upon motion of a party, the Court shall issue its Scheduling Order, which will set forth deadlines, hearing dates, and limitations on discovery. Other pre-trial requirements are found in the Addendum to the Scheduling Order located in Appendix L-7016-a of these Rules. This Order may not be amended without permission of the Court, but an extension of the discovery deadline up until ten (10) days before the deadline for filing pre-trial orders will be deemed granted upon filing of a statement of consent signed by all parties.

 
(b). Motion Practice in Adversary Proceedings
Local Rule 9013 applies to motion practice in adversary proceedings except that (i) the deadline for filing responses is reduced to ten (10) days except for motions under F.R.C.P. 12 and 56, which have a 20 day response period, and (ii) service of motions is limited to all counsel and pro se parties in the adversary proceeding. If a response is not timely filed, the relief requested may be granted without further notice and hearing.

Parties should use the following language to accomplish notice and an opportunity for hearing. The form language should be presented conspicuously in the first paragraph of a pleading (or in a separate pleading denominated as notice), fully capitalized in bold faced type (at least 12 pt.). The language should specify twenty (20) days as the response period for motions under F.R.C.P. 12 and 56.

THIS PLEADING REQUESTS RELIEF THAT MAY BE ADVERSE TO YOUR INTERESTS.

IF NO TIMELY RESPONSE IS FILED WITHIN TEN (10) 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.

 
(c).

Discovery
Discovery conducted in adversary proceedings shall not be filed with the Clerk.

 
(d).

Pre-Trial Conferences
Unless otherwise provided in the Scheduling Order, a pretrial conference will not be held. A pretrial conference may be scheduled upon written Motion or upon the Court’s own Motion, where deemed appropriate.

 
(e).

Briefs
Unless otherwise provided in the Scheduling Order, any legal briefs to be considered by the Court at the trial on the merits of an adversary complaint shall be filed contemporaneously with the Pretrial Order, but as a separate document, with service to opposing counsel.

 
(f). Exhibits and Number of Copies Required
  1. All exhibits that are to be used in a hearing on the merits shall bear an exhibit marker, and be bound in booklet form which will lay flat when opened. Exhibits shall be separately tabbed and identified by a numerical sequence, and shall be indexed at the front of each exhibit book or books.
  2. Plaintiff’s (Movant’s) exhibits shall be marked with the letter “P”, followed by a dash, followed by a number; for example, Exhibit P-3. If there are multiple Plaintiffs, then each exhibit shall be marked with the letter “P”, followed by the specific Plaintiffs name, followed by a dash, followed by a number; for example, Exhibit P Jones-3, Exhibit P Smith, Inc.-1. Defendant’s (Respondent’s) exhibits shall be marked with the letter “D”, followed by a dash, followed by a number; for example, Exhibit D-2. If there are multiple Defendants, then the system for multiple Plaintiffs will apply. The letter “G” will in all cases be assigned to the government for identification purposes. The letter “I” shall be used to designate the exhibits of any intervenor.
  3. Copies of the exhibits, bound, tabbed, and marked, shall be provided to each party not less than five (5) calendar days prior to trial.
  4. Exhibits shall not be filed with the Clerk prior to trial. Counsel will provide no fewer than five exhibit books at the time of trial: one each for the Judge, the Clerk, the witness stand, and one for each party’s counsel. In the event there is more than one opposing party, additional exhibit books shall be furnished for each additional party.
  5. Failure to comply with the exhibit form and exchange requirements may result in the refusal of the Court to admit exhibits into evidence, or in sanctions.