L. Rule 9014. CONTESTED MATTERS


(a) Negative Notice Language.

Notice and an opportunity for hearing is accomplished by including the following form language presented conspicuously, in bold face type (at least 12 pt.) and placed immediately below the caption and before the body of the pleading.

This pleading requests relief that may be adverse to your interests.

If no timely response is filed within 21 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.

This language should not be used for:

(1) matters granted without a hearing as set forth in subsection (d);

(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.

(b) Responses to Motions, Applications, and Objections to Claims and any Reply Thereto.

(1) Time of Filing a Response. 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.  A responsive pleading shall specifically admit or deny each factual allegation or state that the party lacks knowledge or information sufficient to form a belief about the truth of an allegation.  

(2) Time of Filing a Reply.  Any reply to a response must be filed within 7 days after service of the response.

(c) Hearings.

If a matter requires a hearing, the Clerk shall send notice of the hearing, unless otherwise directed by the Court. The Court may set any contested matter for hearing, 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 2090;

(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.

 

A motion for expedited hearing or expedited consideration of a matter, shall be filed as a separate pleading, except as otherwise provided by these Rules or by standing order. 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 adversely affected parties regarding the relief requested or the reasons why conferring was not possible or practical. Such motions shall also contain a detailed statement as to the need for an expedited hearing and the date by which relief is needed.

A proposed form of order shall accompany the motion for expedited hearing in substantially the following format:

ORDER GRANTING

MOTION OF [movant’s name] TO EXPEDITE HEARING

ON [name of underlying pleading][ Docket No.__]

On this date came on for consideration the Motion filed by [movant] (“Movant”) requesting an expedited hearing on the [name of underlying pleading] filed on [date] [Docket No. __]. The Court finds that the Motion should be granted as set forth below.

IT IS, THEREFORE, ORDERED that the [name of underlying pleading] is scheduled for expedited hearing on the date and time listed above.

 

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 7 days of such service but in no event later than the date and time of the hearing.

(f) Continuances.

(1) Time for filing. No continuance of any hearing will be granted except upon motion filed no later than 3 days before the scheduled hearing and upon good cause shown on the face of the pleading. The Court may consider such a motion filed less than 3 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) Relief from Stay.  Parties to a motion for relief from stay are excused from filing a motion for continuance if it is their first request for continuance and the debtor, creditor, and any party that filed an objection or response to the motion for relief from stay are in agreement as to the continuance.

(3) Agreement.  An agreement to continue is insufficient. The agreement of the parties to a continuance is not, in itself, good cause for granting a continuance.

(4) Appearance required. Unless the Court grants the motion for continuance before 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.

(5) 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 7 days of such service.

(g) Exhibits for Hearings in Contested Matters.

(1) L. Rule 7016(g) applies in contested matters.

(2) Except as otherwise provided in these rules, witness and exhibit lists shall be exchanged 5 days in advance of the hearing.

(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.