(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. Any response must be timely filed with the
United States Bankruptcy Clerk, Western District of Texas, [Insert mailing address of applicable Clerk’s office].
If a timely response is filed, the Court will then set a hearing on the Motion, and
you will be provided with notice of the date, time, and place of the hearing. If you do not attend
the hearing, the Court may decide that you do not oppose the Motion.
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-9014-1;
(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. A responsive pleading shall provide the arguments
and authorities that it believes should lead the Court to grant or deny the relief requested.
(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 2090-1;
(2) motions to shorten notice pursuant to FRBP 2002;
(3) motions to enlarge time except as provided in FRBP 9006(b)(3);
(4) motions to expedite hearings;
(5) motions for new trial pursuant to FRBP 9023;
(6) motions for reconsideration pursuant to FRBP 9024;
(7) motions for continuance; and
(8) motions for an extension of time to file required documents under L. Rule 1007-1(d).
(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
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 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 7016-1(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.
L. Rule 9013-1. MOTIONS AND OTHER DOCUMENTS; FORM AND SERVICE | LOCAL COURT RULES INDEX | L. Rule 9015-1. JURY TRIAL PROCEDURES |