LR 7.1 Motion Practice

(a) Seeking Concurrence in Motions and Requests.

(1) The movant must ascertain whether the contemplated motion, or request under Federal Rule of Civil Procedure 6(b)(1)(A), will be opposed. If the movant obtains concurrence, the parties may make the subject matter of the contemplated motion or request a matter of record by stipulated order.

(2) If concurrence is not obtained, the motion or request must state:

(A) there was a conference between attorneys or unrepresented parties in which the movant explained the nature of the motion or request and its legal basis and requested but did not obtain concurrence in the relief sought; or

(B) despite reasonable efforts specified in the motion or request, the movant was unable to conduct a conference.

(3) The court may tax costs for unreasonable withholding of consent.

(b) Response. A respondent opposing a motion must file a response, including a brief and supporting documents then available.

(c) Briefs.

(1) Briefs Required and Permitted.

(A) Motions and responses to motions must be accompanied by a brief. The brief may be separate from or may be contained within the motion. If contained within the motion, the brief must begin on a new page and must be clearly identified as the brief. A movant may also file a reply brief.

(B) Briefs must comply with LR 5.1.

(2) Form of Required Briefs. A brief supporting a motion or response must, at the beginning, contain a concise statement of the issues presented and, on the following page, the controlling or most appropriate authority for the relief sought. The brief may contain a table of contents, an index of authorities, and an index of exhibits attached to the brief.

(3) Length of Briefs.

(A) The text of a brief supporting a motion or response, including footnotes and signatures, may not exceed 20 pages. A party seeking to file a longer brief may apply ex parte in writing setting forth the reasons.

(B) The text of a reply brief, including footnotes and signatures, may not exceed 5 pages.

(d) Briefing Schedule.

(1) Dispositive Motions.

(A) Dispositive motions are motions:

• for injunctive relief,
• for judgment on the pleadings,
• for summary judgment,
• to dismiss or quash an indictment or information made by a defendant,
• to suppress evidence in a criminal case,
• to certify or decertify a class,
• to dismiss for failure to state a claim upon which relief can be granted, and
• to involuntarily dismiss an action.

(B) A response to a dispositive motion must be filed within 21 days after service of the motion.

(C) If filed, a reply brief supporting a dispositive motion must be filed within 7 days after service of the response, but not less than 3 days before oral argument.

(2) Nondispositive Motions.

(A) Nondispositive motions are motions not listed in LR 7.1(d)(1)(A).

(B) A response to a nondispositive motion must be filed within 14 days after service of the motion.

(C) If filed, a reply brief supporting a nondispositive motion must be filed within 7 days after service of the response, but not less than 3 days before oral argument.

(e) Hearing on Motions.

(1) Oral hearings on motions for rehearing or reconsideration, motions for reduction of sentence and motions in civil cases where a party is in custody will not be held unless ordered by the assigned judge.

(2) Oral hearings on all other motions will be held unless the judge at any time prior to the hearing orders their submission and determination without oral hearing on the briefs filed as required by this rule.

(3) The motion must be filed with the clerk of the court who will forward it to the assigned judge. The judge will set or cause to be set a date for hearing, notice of which will be given to the parties. Inquiries regarding time of hearing may be directed to the judge's chambers.

(f) Additional Time to File Supporting Documents and Brief. When it is indicated in a motion, response or written request that the filing of additional affidavits or other documents in support or opposition is necessary, the judge to whom the case is assigned may enter an ex parte order (which must have been prepared by the party making the request) specifying the time within which such additional documents and brief must be filed, or approve any written stipulations in regard thereto. A copy of an ex parte order so entered must immediately be served upon opposing counsel or a party without counsel. Counsel or a party without counsel obtaining such order must also immediately notify opposing counsel or a party without counsel personally or by telephone of the signing of the order. A party against whom an ex parte enlargement of time has been granted may immediately move for a dissolution of the order granting enlargement.

(g) Motions for Rehearing or Reconsideration.

(1) Time. A motion for rehearing or reconsideration must be filed within 10 days after entry of the judgment or order.

(2) No Response and No Hearing Allowed. No response to the motion and no oral argument are permitted unless the court orders otherwise.

(3) Grounds. Generally, and without restricting the court's discretion, the court will not grant motions for rehearing or reconsideration that merely present the same issues ruled upon by the court, either expressly or by reasonable implication. The movant must not only demonstrate a palpable defect by which the court and the parties have been misled but also show that correcting the defect will result in a different disposition of the case.

COMMENT: Federal Rule of Civil Procedure 6(b) permits a party to seek an enlargement of time "with or without a motion . . . if request therefor is made before the period originally prescribed." Fed. R. Civ. P. 6(b)(1). Although the court generally prefers that such relief be sought by stipulation or motion, if a party chooses to seek relief by means of a "request," LR 7.1(a) requires contact with other parties to seek concurrence in the relief requested. (12/1/05)

The 20-page limit under LR 7.1(c)(3)(A) will be strictly enforced by the Court. Attempts to circumvent the LR in any way may be considered an abusive practice which may result in the motion or response being stricken as well as sanctions being imposed under LR 11.1.

The following LR's also apply to specific types of motions:

1) LR 15.1, Form of a Motion to Amend and Its Supporting Documentation
2) LR 37.1, Motion to Compel Discovery
3) LR 37.2, Form of Discovery Motions
4) LR 54.2, Social Security Fee Motions
5) LR 59.1, Motion to Alter or Amend a Judgment
6) LR 65.1, Motions for Temporary Restraining Orders and for Preliminary Injunctions
7) LR 83.50, Bankruptcy Cases and Proceedings

Stylistic amendments to the Federal Rules of Civil Procedure took effect on December 1, 2007. Pursuant to those amendments, the reference to Fed.R.Civ.P. 6(b)(1) in LR 7.1(a)(1) was changed to Fed.R.Civ.P. 6(b)(1)(A). (6/2/08)

December 1, 2005