LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS
LR7.1E & M Submission of
Motions
LR7.1W Submission of Motions
LR7.2E Setting Motions for Hearing
LR7.3E Submission of Ex Parte or Consent Motions
LR7.3M Submission of Ex Parte or Consent Motions
LR7.4 Motions Must Be Accompanied by Memorandum
LR7.4.1M Motions Not Requiring Memorandum
LR7.4.1W Motions Not Requiring Memorandum
LR7.5E Response and Memorandum
LR7.5M Response and Memorandum
LR7.5W Response and Memorandum
LR7.6E Motions to Intervene, to Amend Pleadings and to
File Third-Party Complaints
LR7.6W Motions to Intervene, to Amend Pleadings and to
File Third-Party Complaints
LR7.7W Motions for Joinder in Actions Removed From State
Court
LR7.8E Briefs
LR7.8.1E Length of Memoranda and Briefs
LR7.8M Briefs
LR7.8W Briefs
LR7.9E & M Extension of Time to Plead
LR7.9W Motion for Continuance or for Extension of Time
LR7.1E & M Submission of
Motions
All motions except those made
during a hearing or trial which is being properly recorded into the court record shall be
made in writing. Each motion and its accompanying documents shall be filed in duplicate;
one copy is for the record and the other is for the use of the hearing judge. Papers filed
with the motion are thereby made a part of the record. [Amended
June 28, 2002]
A party filing a motion or response shall transmit a copy of the motion or response, including attachments and exhibits, to the chambers of the judge assigned to rule on the motion. [Amended September 27, 2000]
LR7.2E Setting Motions for
Hearing
Counsel filing a motion shall, at
the time of filing, notice it for hearing within a reasonable time thereafter. Unless
otherwise ordered by a judge in a particular case, motions must be filed not later than
the fifteenth day preceding the notice hearing date and at least fifteen days actual
notice of hearing must be given to opposing counsel whether notice is served by mail or
delivery under FRCvP 5(b).
Copies of the motion and memorandum in support thereof shall also be served with such
notice of hearing.
LR7.3E Submission of Ex Parte
or Consent Motions
An application for an
order, allowed by these rules to be submitted ex parte or by consent, need not be noticed
for hearing as described above, but shall instead be accompanied by a proposed order.
Except as otherwise ordered in an individual case, every such application shall be
submitted to the judges through the clerk.
LR7.3M Submission of Ex Parte or Consent Motions
An application for an order allowed by these rules to be submitted ex parte or by consent shall be accompanied by a proposed order on a separately captioned page. Except as otherwise ordered in an individual case, every such application shall be submitted to the judges through the clerk. [Adopted June 28, 2002]
LR7.4 Motions Must Be
Accompanied by Memorandum
The moving party shall
submit and serve opposing parties with a copy of the motion and memorandum. Except as
noted in LR7.4.1M & W, all motions
shall be accompanied by a memorandum commonly referred to as a "Memorandum in
Support", which shall contain (1) a concise statement of reasons in support of
the motion, and (2) citations of the authorities on which he relies or copies of
these authorities. If the motion requires the consideration of facts not appearing of
record, the movant shall also file with the clerk and serve upon opposing counsel a copy
of all documentary evidence he or she intends to submit in support of the motion.
Memoranda may not be supplemented except with leave of court first obtained.
LR7.4.1M Motions Not
Requiring Memorandum
All motions listed
below, while not required to be accompanied by a memorandum, must state the grounds
therefor and cite any applicable rule, statute, or other authority justifying the relief
sought. No memorandum is required by either movant or respondent, unless otherwise
directed by the court, with respect to the following motions: (1) For extension of
time for the performance of an act required or allowed to be done, provided request
therefor is made before the expiration of the period originally prescribed or as extended
by previous orders; (2) to continue a pretrial conference, hearing, motion, or the
trial of an action; (3) to add additional parties; (4) to amend pleadings;
(5) to file supplemental pleadings; (6) to appoint next friend or guardian ad
litem; (7) to intervene; (8) for substitution of parties; (9) joint motions to
dismiss or consolidate; and (10) to withdraw as counsel. Prior to filing any motion under
this section, the moving party shall attempt to obtain consent for the filing and granting
of such motion from all parties having an interest to oppose, and a certificate stating
the position of the other parties shall be included in the motion. A proposed order on a
separately captioned page shall accompany each motion filed under this paragraph. [Amended
June 28, 2002]
LR7.4.1W Motions Not
Requiring Memorandum
All motions listed
below, while not required to be accompanied by a memorandum, must state the grounds
therefor and cite any applicable rule, statute, or other authority justifying the relief
sought. No memorandum or hearing is required by either movant or respondent, unless
otherwise directed by the court, with respect to the following motions: (1) For
extension of time for the performance of an act required or allowed to be done, provided
request therefor is made before the expiration of the period originally prescribed or as
extended by previous orders; (2) to continue a pretrial conference, hearing, motion,
or the trial of an action; (3) to add additional parties; (4) to amend
pleadings; (5) to file supplemental pleadings; (6) to appoint next friend or
guardian ad litem; (7) to intervene; (8) for substitution of parties; (9) joint
motions to dismiss or consolidate; and (10) to withdraw as counsel.
Prior to filing any motion under this section, with the exception of #10, the moving party shall attempt to obtain consent for the filing and granting of such motion from all parties having an interest to oppose, and a certificate of this attempt shall be included in the motion. If the court finds that opposing counsel does not have a good faith reason for failing to so consent, the court may impose such sanctions as it deems proper.
A proposed order shall accompany each motion filed under this paragraph.
LR7.5E Response and
Memorandum
Each party opposing a
motion shall file, in duplicate, a memorandum of the reasons advanced in opposition to the
motion and a list of citations of the authorities upon which the opponent relies or copies
of these authorities no later than the eighth calendar day prior to the noticed hearing
date and shall at the same time serve a copy thereof on the opposing parties. The
opposition memorandum, in duplicate, must be in the hands of the judge who will hear the
motion no later than the day such memorandum is due to be filed.
A copy of the memorandum will be delivered to opposing counsel in the same fashion in which delivery to the judge is made.
If the motion requires the consideration of facts not appearing of record, counsel shall also serve, and shall submit with each copy of his/her opposition, copies of all documentary evidence that he/she intends to submit in opposition to the motion.
No supplemental opposition memoranda may be filed except with leave of court first obtained.
LR7.5M Response and
Memorandum
Each respondent
opposing a motion shall file a response, including opposing affidavits, memorandum, and
such supporting documents as are then available, within 20 days after service of the
motion. Memoranda shall contain a concise statement of reasons in opposition to the
motion, and a citation of authorities upon which the respondent relies. For good cause
appearing therefor, a respondent may be required to file a response and supporting
documents, including memoranda, within such shorter or longer period of time as the court
may order, upon written ex parte motion served on all parties.
LR7.5W Response and
Memorandum
If the respondent
opposes a motion, he or she shall file a response, including opposing affidavits,
memorandum, and such supporting documents as are then available, within 15 days after
service of the motion. Memoranda shall contain a concise statement of reasons in
opposition to the motion, and a citation of authorities upon which respondent relies. For
good cause appearing therefor, a respondent may be required to file a response and
supporting documents, including memoranda, within such shorter or longer period of time as
the court may order, upon written ex parte motion served on all parties.
LR7.6E Motions to Intervene,
to Amend Pleadings and to File Third-Party Complaints
Prior to filing any motion for leave
to intervene, to amend pleadings or to file a third-party complaint, the moving party
shall attempt to obtain consent for the filing and granting of such motion from all
parties having an interest to oppose. If such consent is obtained, the motion shall not be
noticed for hearing but thereafter shall be filed, accompanied by a proposed order, with a
statement of the consent of opposing counsel. No such motions, when required to be noticed
for hearing, shall be accepted for filing unless accompanied by a certificate of counsel
for the moving party to the effect that opposing counsel have refused to consent to the
filing and granting of such motion. If the court finds that opposing counsel does not have
a good faith reason for failing to so consent, the court may impose such sanctions as it
deems proper.
LR7.6W Motions to Intervene, to Amend
Pleadings and to File Third-Party Complaints
Prior to filing any motion for leave
to intervene, to amend pleadings or to file a third-party complaint, the moving party
shall attempt to obtain consent for the filing and granting of such motion from all
parties having an interest to oppose. If such consent is obtained, the motion shall not be
noticed for hearing but thereafter shall be filed, accompanied by a proposed order, with a
statement of the consent of opposing counsel. No such motions, when required to be noticed
for hearing, shall be accepted for filing unless accompanied by a certificate of counsel
for the moving party to the effect that opposing counsel have refused to consent to the
filing and granting of such motion. If the court finds that opposing counsel does not have
a good faith reason for failing to so consent, the court may impose such sanctions as it
deems proper.
LR7.7W Motions for Joinder in
Actions Removed From State Court
In any action removed from state court
in accordance with 28 USC
1441 et seq., a motion filed for joinder of parties, which might destroy
subject matter jurisdiction, shall include a notification to the court that a
determination under 28 USC
1447(e) will be required, and sufficient facts shall be pled to enable the court
to make such determination.
LR7.8E Briefs
In cases not covered
by the court's uniform pretrial order, but involving controverted questions of law, trial
briefs shall be delivered to the court (but not filed with the clerk) at least two days
before the commencement of the trial, unless some other time is designated by the trial
judge. Service of same on opposing counsel must be made at the same time and in the same
fashion in which delivery to the court is made, or so as to assure that the copy is
actually received within the same time period.
LR7.8.1E Length of
Memoranda and Briefs
Except with prior
permission of the judge, no trial brief or memorandum supporting or opposing a motion
shall exceed 25 pages in length, exclusive of exhibits. A reply brief or memorandum, if
any, shall not exceed 10 pages, excluding exhibits.
All text in trial briefs and memoranda supporting or opposing motions shall be double-spaced except for quotations and footnotes.
Standard typeface shall be used. The court may refuse to consider text presented in less than standard typeface, such as small or fine typeface.
LR7.8M Memoranda
All initial memoranda
filed by a party (including briefs, objections and appeals to district judges) shall be
limited to 30 pages excluding attachments. Subsequent memoranda, if any, shall not exceed
20 pages excluding attachments. The original memorandum and a copy for use by the judge
shall be delivered to the clerk. The form of the memorandum shall comply with LR10.1M.
[Amended June 28, 2002]
LR7.8W Briefs
Except with permission
of the judge, no brief shall exceed 25 pages in length, exclusive of pages containing a
table of authorities or a table of contents, and no reply brief shall exceed 10 pages. Any
brief exceeding 10 pages shall contain (1) a table of contents with page references
and (2) a table of cases (arranged alphabetically), statutes and other authorities
cited, with references to the pages of the brief where they are cited.
LR7.9E& M Extension
of Time to Plead
Upon certification by a
moving party that there has been no previous extension of time to plead and that the
opposing party has not filed in the record an objection to an extension of time, then on
an ex parte motion and order, the court will allow one extension for a period of 20 days
from the time the pleading would otherwise be due. Further extensions will not be granted
by stipulation, but only by application to the court and for good cause shown. [Amended
June 28, 2002]
LR7.9W Motion for
Continuance or for Extension of Time
A motion for continuance or for extension
of time shall be accompanied by a certificate by the applicant's attorney that
(1) there is or is not opposition to the request; and, if there is opposition, the
reasons therefor, or, (2) if neither is obtainable, a statement of the efforts made
by the applicant to secure the same.