LOCAL CIVIL RULE 78 - MOTION DAY

LR78.1E  Motion Days
LR78.1M  Motion Days
LR78.1W  Motion Days
LR78.2E  Calendar

LR78.1E  Motion Days

        Wednesday of each week, or such other day as the court may designate from time to time by order, is motion day. On this day priority will be given to the presentation of motions. Unless or until amendment of this rule by the court to provide otherwise, motions will be heard in the various sections of court on alternate Wednesdays. Motion days will be arranged so that approximately half of the sections will hear motions on any given Wednesday. Motions may also be designated for hearing at some other time by order of the individual judge to whom the action is allotted. On motion day, the court also considers reviews from magistrate judges' rulings, contradictory motions requiring action by the court after hearing and other matters required by law or court order to be heard and determined summarily.

        Any party desiring oral argument must either file contemporaneously with the filing of the motion or opposition memorandum to a motion or within three days after receipt of the opposition memorandum to a motion, a separate written request for oral argument. Oral argument will be permitted in such cases without further order of the Court, unless the Court advises the parties, as soon as practicable, that oral argument is not necessary. [Amended October 1, 2003]

LR78.1M & W  Motion Days

        Each judge shall designate a particular day or days as motion day. On this day priority shall be given to the presentation of motions. Motions may also be designated for hearing at some other time by order of the judge to whom the action is allotted. On motion day, the court may also consider reviews from magistrate judges' rulings, contradictory motions requiring action by the court after hearing and other matters required by law or court order to be heard and determined summarily.

        Oral argument will be allowed only when ordered by the court. All other motions will be decided by the court on the basis of the record, including timely filed briefs and any supporting or opposing documents filed therewith. [Amended August 29, 2002]

LR78.2E  Calendar

        The clerk shall prepare a calendar for each section of the court listing the matters to be presented on each motion day in the order in which they have been filed. The court may elect to hear motions in some other order and may defer hearing motions in which either party has not timely filed a memorandum to the end of the docket, or in the discretion of the court may deny oral argument.