Local Rule 9013

Motions; Form and Service

 
(a).

Format of motions, applications, and other requests for relief
Motions, applications, objections to claim and other requests for relief filed in a bankruptcy case or adversary proceeding shall comply with Local Rules 9004 and 9011 and shall be accompanied by a proposed form of order. Motions filed within an adversary proceeding are also governed by Local Rule 7016.

 
(b). Responses to motions, applications, and objections to claims
  1. Time of filing. A party who opposes the relief requested must file a responsive pleadings 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 Local Rule 9004, except that no proposed form of order is required. Responses shall also comply with Local Rule 9011.

 
(c). Matters granted without hearing
The court may rule immediately, without further notice or hearing, on certain matters including the following:
  1. motions for admission pro hac vice, pursuant to Local Rule 1001(e);
  2. motions to shorten notice pursuant to National Rule 2002;
  3. motions to employ professionals pursuant to Local Rule 2014;
  4. motions to enlarge time pursuant to National Rule 9006;
  5. motions to expedite hearings pursuant to Local Rule 9013(d);
  6. motions for new trial pursuant to National Rule 9023;
  7. motions for reconsideration pursuant to National Rule 9024; and
  8.

motions for continuance.

 
(d). Expedited hearing or consideration
  1. Except as otherwise provided by standing order, a motion for expedited hearing with regard to a matter, or to expedite consideration of any matter, shall be filed as a separate pleading. Such motions shall comply with Local Rule 9013(a). Such motions may be granted only for good cause stated on the face of the pleading.
  2. The proposed form of order accompanying such a motion 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.”
  3.

The moving party shall file a certificate signed by the party or the party’s attorney reflecting the date and method of notice with the Clerk within five (5) days of such service.

 

(e). Continuances
  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.
  2. No agreed continuances. 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 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.

 
(f). Certificates of service
All motions, applications and objections to claims, and all responses to same must contain a certificate of service reflecting service on affected entities, as specified in paragraph (g) of this Local Rule.
  1. The certificate of service must be signed by an attorney or party (if appearing pro se), certifying that service has been accomplished in the manner and on the date stated in the certificate.
  2. The certificate of service must list each of the entities served (including their mailing addresses and affiliation with the case or proceeding).
  3.

With court approval, a party may serve a summary of a pleading where the pleading is voluminous, or the number of parties to be served is excessively large. In such cases, the summary shall be filed, and the certificate of service shall be appended to the summary.

 
(g). Entities to be served
  1. When a pleading is filed, the following entities at a minimum shall be served, unless otherwise specifically provided by these rules or by standing order.
    A. In a chapter 7 case: the debtor, the appointed trustee, any court-approved committees, the counsel for each of the foregoing entities, and any other entities affected by the relief requested.
    B. In a chapter 11 case: the debtor, any court-approved committee, any chapter 11 trustee, the counsel for each of the foregoing entities, the twenty largest unsecured creditors, parties who have filed a notice of appearance, the United States Trustee, and any other entities affected by the relief requested.
    C. In a Chapter 12 or 13 case: the debtor, the standing trustee, the ten largest unsecured creditors, and any other entities affected by the relief requested.
    D. In an adversary proceeding: upon all counsel or pro se parties in the adversary proceeding.
  2. Whenever a pleading governed by this Local Rule is to be served on the United States, or an officer or agency thereof, the service provisions of National Rule 7004(b)(4) apply.
  3. If a movant wishes to use the negative notice language of Local Rule 9014(a), the following motions require service upon all creditors and parties in interest:
    A. motions to dismiss in chapters 7, 9, and 11;
    B. motions to modify plans chapters 11, 12, and 13; and
    C. motions to incur debt in chapters 11, 12, and 13.