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CIVIL RULES
LR 7.1 Motion Practice
Unless otherwise directed by the presiding judge,
motion practice is controlled by subsection (h) of this rule. In
addition, the parties must comply with the following:
- Conference. Before filing a motion,
an attorney for the moving party must confer with an attorney
for each party affected by the requested relief to determine whether
the motion is opposed. Conferences are not required for motions
to dismiss, motions for judgment on the pleadings, motions for
summary judgment, motions for new trial, or when a conference
is not possible.
- Certificate of Conference.
- Each motion for which a conference is required
must include a certificate of conference indicating that the
motion is unopposed or opposed.
- If a motion is opposed, the certificate must
state that a conference was held, indicate the date of conference
and the identities of the attorneys conferring, and explain
why agreement could not be reached.
- If a conference was not held, the certificate must explain
why it was not possible to confer, in which event the motion
will be presumed to be opposed.
- Proposed Order. Except for an opposed motion that is submitted on paper, each motion must be accompanied by a proposed order that is set forth separately. An agreed proposed order must be signed by the attorneys or parties.
- Brief. An opposed motion must
be accompanied by a brief that sets forth the moving party's contentions
of fact and/or law, and argument and authorities, unless a brief
is not required by subsection (h) of this rule. A response to
an opposed motion must be accompanied by a brief that sets forth
the responding party's contentions of fact and/or law, and argument
and authorities. A responding party is not required to file a
brief in opposition to a motion for which a brief is not required
by subsection (h) of this rule.
- Time for Response and Brief. A
response and brief to an opposed motion must be filed within 21
days from the date the motion is filed.
- Time for Reply Briefs. Unless
otherwise directed by the presiding judge, a party who has filed
an opposed motion may file a reply brief within 14 days from the
date the response is filed.
- No Oral Argument. Unless otherwise
directed by the presiding judge, oral argument on a motion will
not be held.
- Uniform Requirements on Motion Practice.
| B
- Brief required (not required with agreed motion)
C - Certificate of conference required
|
| MOTION (to/for) |
B |
C |
|
| AMEND |
|
X |
|
| CHANGE OF VENUE |
X |
X |
|
| COMPEL |
X |
X |
|
| CONSOLIDATION |
X |
X |
|
| CONTINUANCE |
|
X |
|
| DISMISS |
X |
|
|
| EXTEND TIME |
|
X |
|
| INTERVENE |
X |
X |
|
| JUDGMENT AS A MATTER OF LAW |
X |
|
|
| JUDGMENT ON PLEADINGS |
X |
|
|
| LEAVE TO FILE |
X |
X |
|
| LIMINE |
X |
X |
|
| MORE DEFINITE STATEMENT |
X |
X |
|
| NEW TRIAL |
X |
|
|
| PRELIMINARY INJUNCTION |
X |
X |
|
| PRODUCE DOCUMENTS |
X |
X |
|
| PROTECTIVE ORDER |
X |
X |
|
| QUASH |
X |
X |
|
| REMAND |
X |
X |
|
| SANCTIONS |
X |
X |
|
| STAY |
X |
X |
|
| STRIKE |
X |
X |
|
| SUBSTITUTE COUNSEL |
|
X |
|
| SUMMARY JUDGMENT |
X |
|
|
| WITHDRAW |
|
X |
|
| NOTE: If a motion is not
listed, a brief and certificate of conference are required.
|
- Requirement of Appendix;
Appendix Requirements.
- A party who relies on materials–including depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials–to support or oppose a motion must include the materials in an
appendix.
- The appendix must be assembled
as a self-contained document, separate from the motion, response,
reply, and brief.
- Each page of the appendix
must measure 8 1/2 x 11 inches. Non-documentary materials (e.g.,
videotapes and other physical materials) and oversized materials
(e.g., maps and schematic drawings) that are included
in the appendix must be placed in an envelope that measures
9 x 12 inches.
- Each page of the appendix
must be numbered legibly in the lower, right-hand corner.
The first page must be numbered as "1" and succeeding
pages must be numbered sequentially through the last page
of the entire appendix (i.e., the numbering system
must not re-start with each succeeding document in the appendix).
An envelope that contains non-documentary or oversized materials
must be numbered as if it were a single page.
LR 7.2 Briefs
- General Form. A brief must be printed, typewritten,
or presented in some other legible form.
- Amicus Briefs. An amicus
brief may not be filed without leave of the presiding judge. The
brief must specifically set forth the interest of the amicus
curiae in the outcome of the litigation.
- Length. A brief must
not exceed 25 pages (excluding the table of contents and table
of authorities). A reply brief must not exceed 10 pages. Permission
to file a brief in excess of these page limitations will be granted
by the presiding judge only for extraordinary and compelling reasons.
- Tables of Contents and Authorities. A brief
in excess of 10 pages must contain:
- a table of contents with page references; and
- an alphabetically arranged table of cases,
statutes, and other authorities cited, with page references
to the location of all citations.
- Citations to Appendix. If
a party's motion or response is accompanied by an appendix, the
party's brief must include citations to each page of the appendix
that supports each assertion that the party makes concerning any
documentary or non-documentary materials on which the party relies
to support or oppose the motion.
LR 7.3 Confirmation of Informal
Leave of Court
When a presiding judge informally grants leave, such
as an extension of time to file a response, an attorney for the
party to whom leave is granted must file a document confirming the
leave and must serve the document on all other parties.
LR 7.4 Certificate
of Interested Persons
The initial responsive pleading that a defendant files
in a civil action must be accompanied by a separately signed certificate
of interested persons that complies with LR 3.1(c) or 3.2(e). If the defendant
concurs in the accuracy of another party's previously-filed certificate,
the defendant may adopt that certificate.
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