Unless specifically controlled by another local civil rule or 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
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 81⁄2 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.