LR 7.1: Motion Practice
(a) Seeking Concurrence in Motions and Requests.
(1) Before filing a motion relating to discovery, the movant must comply with Federal Rule of Civil Procedure 37(a)(1). Otherwise, the movant must ascertain before filing whether the contemplated motion or request under Federal Rule of Civil Procedure 6(b)(1)(A) will be opposed. To accomplish this, the movant must confer with the other parties and other persons entitled to be heard on the motion in good faith and in a manner that reasonably explains the basis for the motion and allows for an interactive process aimed at reaching agreement on the matter or those aspects of the matter that can be resolved without court intervention, given the nature of the contemplated motion. The conference must be held sufficiently in advance of filing the motion to allow a good faith interactive exchange aimed at resolving the matter. If the movant obtains concurrence, the parties or other persons involved 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 and other persons entitled to be heard on the motion 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;
(B) despite reasonable and timely efforts specified in the motion or request, the movant was unable to conduct a conference; or
(C) concurrence in the motion has not been sought because of the emergent nature of the relief requested in the motion; or
(D) concurrence in the motion has not been sought because the movant or nonmovant is an incarcerated prisoner proceeding pro se.
(3) The court may impose sanctions for unreasonable withholding of consent and for violating this rule, which may include taxing costs and attorney's fees, denying the motion, and striking the filing.
(1) Motions must comply with LR 5.1.
(2) A party must obtain leave of court to file more than one motion for summary judgment. For example, a challenge to several counts of a complaint generally must be in a single motion.
(1) A respondent opposing a motion must file a response, including a brief and supporting documents then available.
(2) Responses must comply with LR 5.1.
(3) A party must obtain leave of court to file more than one response to a motion for summary judgment. For example, a challenge to several arguments raised in a motion for summary judgment generally must be in a single response.
(1) Briefs Required and Permitted.
(A) Unless the Court permits otherwise, each motion and response toa motion must be accompanied by a single brief. The brief may be separate from or may be contained within the motion or response. If contained within the motion or response, 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 25 pages. A person 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 7 pages.
(e) Briefing Schedule.
(1) Standard Briefing Schedule.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion.
(B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
(2) Enlarged Briefing Schedule.
(A) Responses to the following motions must be filed within 21 days following service of the motion:
- 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 under Federal Rule of Civil Procedure 12(b), and
- to involuntarily dismiss an action under Federal Rule of Civil Procedure 41(b).
(B) If filed, a reply brief supporting such a motion must be filed within 14 days after service of the response, but not less than 3 days before the motion hearing.
(f) Hearing on Motions.
(1) The court will not hold a hearing on a motion for rehearing or reconsideration, a motion for reduction of sentence, or a motion in a civil case where a person is in custody unless the judge orders a hearing.
(2) The court will hold a hearing on all other motions unless the judge orders submission and determination without hearing.
(3) The motion must be filed with the clerk, who will forward it to the assigned judge. The judge will set or cause to be set a date for hearing with notice to the parties and other persons entitled to be heard on the motion. Inquiries regarding time of hearing may be directed to the judge's chambers.
(g) Additional Time to File Supporting Documents and Brief.
(1) When a motion, response or written request states that the filing of additional affidavits or other documents in support or opposition is necessary, the assigned judge may specify the time within which the additional documents and brief must be filed by:
(A) entering an ex parte order prepared by the person making the request, or
(B) approving a written stipulation.
(2) A person obtaining such an order must immediately:
(A) serve it on opposing parties and other persons entitled to be heard on the motion, and
(B) notify them personally or by telephone, electronic mail, or facsimile of the signing of the order.
(C) A person against whom an ex parte enlargement of time has been granted may immediately move for a dissolution of the order granting enlargement.
(h) Motions for Rehearing or Reconsideration.
(1) Final Orders and Judgments. Parties seeking reconsideration of final orders or judgments must file a motion under Federal Rule of Civil Procedure 59(e) or 60(b). The court will not grant reconsideration of such an order or judgment under this rule.
(2) Non-Final Orders. Motions for reconsideration of non-final orders are disfavored. They must be filed within 14 days after entry of the order and may be brought only upon the following grounds:
(A) The court made a mistake, correcting the mistake changes the outcome of the prior decision, and the mistake was based on the record and law before the court at the time of its prior decision;
(B) An intervening change in controlling law warrants a different outcome; or
(C) New facts warrant a different outcome and the new facts could not have been discovered with reasonable diligence before the prior decision.
(3) No Response and No Hearing Allowed. No response to the motion and no oral argument are permitted unless the court orders otherwise.
(4) A motion to reconsider an order denying a motion for reconsideration may not be filed.
(i) Restrictions. Motions must not be combined with any other stand-alone document. For example, a motion for preliminary injunctive relief must not be combined with a complaint, a counter-motion must not be combined with a response or reply, and a motion for downward departure must not be combined with a sentencing memorandum. Papers filed in violation of this rule will be stricken.
COMMENT: Federal Rule of Civil Procedure 6(b)(1)(A) permits a person to seek an enlargement of time "with or without motion or notice . . . if a request is made before the original time or its extension expires. . . ." Although the Court generally prefers that such relief be sought by stipulation or motion, if a person chooses to seek relief by means of a "request," LR 7.1(a) still applies. The court retains the inherent authority to alter the briefing schedule. 04/02/2012
LR 7.1(a) requires that a moving party conduct a meaningful and timely conference with other parties to explain the nature of the relief sought and the grounds for the motion, to seek concurrence, and to narrow the issues. The Court's strong preference is for conferences held in a manner that facilitates discussion and debate, such as in person, by video or by telephone. Sometimes, email exchanges may suffice if the motion is rudimentary and uncomplicated, or to document conversations. But sending an email without engaging the other parties will not satisfy this rule.
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)
The movant must not include a "notice of hearing" unless the judge so directs.
Good practice requires a moving party to state clearly the relief requested in the motion, especially where declaratory or injunctive relief is sought. A moving party may submit through document utilities a proposed order describing the relief sought. See Electronic Filing Policies and Procedures R 11(a). Proposed orders must not be filed on the case docket.
December 1, 2022