Chapter:
Part VII. Adversary Proceedings
- Motion. A motion in an adversary proceeding must state the basis for the motion and the specific relief requested. Local Rule 9013-1 does not apply to motions filed in adversary proceedings, except as stated in Local Rule 7041-1.
- Supporting Brief. If the motion raises a substantial issue of law, the movant must contemporaneously file a supporting brief. A brief is not required if relief is within the court's discretion, for example a stipulated motion, a motion to withdraw, or a motion to extend time. If a motion raises a substantial issue of law and a brief is not filed, the motion may be deemed abandoned.
- Opposing Brief. A resistance to a motion is not required. Instead, the opposing party must file a brief within 14 days after the motion is filed, or 21 days if the motion is for summary judgment, to dismiss, or for judgment on the pleadings. If an opposing brief is not filed, it will not be a confession of a motion but precludes the opposing party from contesting the moving party's statement of facts.
- Reply Brief. A reply brief may be filed within 7 days after the opposing brief is filed. The reply brief must only address factual or legal issues raised in the opposing brief and may not raise new grounds for relief.
- Content of Briefs. Briefs must concisely state the factual and legal basis for or against the motion and cite supporting authority. A factual assertion in a brief must cite the evidentiary item by docket number and page number. Deposition testimony must be cited by page and line or may be ignored in ruling on the motion.
- Evidence and Index. If a brief cites factual matter not stated in the pleadings, supporting evidentiary materials along with a separate evidence index must be filed before the party files their brief. The index of evidence must identify each item of evidence relied upon by docket number and description (e.g. "Affidavit of John Smith"; "Promissory Note xxx9456"). Evidentiary items already on the docket, including proofs of claim, should not be re-filed.
- Hearings. The court generally does not allow oral argument or evidentiary hearings on motions. A request for oral argument or evidentiary hearing must be made by separate motion filed no later than a party's brief is due and must state why argument or a hearing is necessary, and an estimate of the time required.