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 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 efforts specified in the motion or request, the movant was unable to conduct a conference; or
(C) concurrence in this motion has not been sought because the movant or nonmovant is an incarcerated prisoner proceeding pro se.
(3) The court may tax costs for unreasonable withholding of consent.
(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) 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 14 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(e)(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.
(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 facsimileof the signing of the order.
(3) 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) Time. A motion for rehearing or reconsideration must be filed within 14 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 and other persons entitled to be heard on the motion 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)(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) requires contact with other parties and other persons entitled to be heard on the motion to seek concurrence in the relief requested. The court retains the inherent authority to alter the briefing schedule. 04/02/2012
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.
July 1, 2013