Home Judicial Officers Rules, Plans, and Orders Electronic Filing Clerk's Office Visiting the Court Information For Careers

Motion Practice

Hearings on Motions

Except in pro se prisoner cases, oral argument is generally heard in both dispositive motions that are referred for Reports and Recommendations and non-dispositive motions that are referred for hearing and determination. Upon referral of a motion by a District Judge, the Court will send a Notice of Hearing with the specific date and time. However, the Court may cancel a scheduled hearing if it appears after review of the briefs that the issues can be decided without a hearing.

Briefing

The Court adheres to L.R. 5.1 and 7.1 regarding format and form, and with respect to the briefs required and permitted. Deviations from the length or timing of briefs under these Rules must be by leave of the Court. Failure to file timely briefs may result in those briefs being stricken.

Exhibits

If a motion, response or reply includes exhibits totaling more than 20 pages, then in addition to the electronically filed copy, a hard copy of the motion and exhibits, appropriately tabbed, shall be delivered to the Magistrate Judge’s chambers within 5 business days after the e-filing of the motion.

Orders

Generally, the Court prepares its own orders. However, if a motion is resolved prior to hearing or decision, the parties will electronically file a stipulation and proposed order.

Special Requirements for Discovery Motions

These requirements are set forth under the Discovery section of these Practice Guidelines.


Home -- Judicial Officers -- Practice Guidelines -- Practice Guidelines for Executive Magistrate Judge R. Steven Whalen -- Motion Practice