A technical change has been made in paragraph (G)(2). In addi-

tion, time-computation adjustments have been made at paragraph (G) to conform to a revision to the Federal Rules of Bankruptcy Procedure that takes effect December 1, 2009. Stylistic changes have been made to the text of the LBR as well. [Changes effective12/01/09.] 9013-1(M)(2) The amendment to paragraph (M)(2) is intended to clar- ify that the written response, as set forth in the Rule’s Notice lan- guage, must be filed “at least 7 [or 3] days before the scheduled hearing date.” [Change effective 07/01/10.] 9013-1(M)(1), (M)(2) and (M)(3) The current form is replaced with new Official Form 420A, which includes stylistic changes. The form also is amended to change the phrase “mail” to “send” to reflect the fact that there are various methods of providing documents to other par- ties. [Changes effective 12/1/16.] 9013-1(H)(3)(c) This amendment makes explicit when a party should request an expedited hearing and what the appropriate response dead- line should be in such instance. [Change effective 08/01/17.] 9013-1(J) This amendment requires the party requesting a continu- ance to consult with opposing counsel and the trustee, if applicable, prior to filing a motion for continuance. This amendment is intended to ensure that opposing parties are apprised of continuance requests and would provide information to assist the Court in considering the motion. [Change effective 08/01/17.] 9013-1(K) This new paragraph substitutes for the subject matter for- merly set forth in that paragraph.

It incorporates by reference Motions Practice and Procedures Guidelines and Motions for Relief from Stay Guidelines. Both sets of Guidelines will: (a) be placed at Exhibit 7 to these Local Bankruptcy Rules, and (b) replace the current contents of Exhibit 7, which no longer will be applicable as of the implementation date of this new paragraph. [New paragraph effective 08/01/17.] 9013-1(A) This paragraph is amended to include the specific rule reference for motions for relief from automatic stay and to add motions for summary judgment to the list of items to which Rule 9013-1 does not apply. [Changes effective 08/01/23.] 9013-1(F) This paragraph is deleted, with certain portions reworded and relocated to new Rule 9013-1(H). [Change effective 08/01/23.] 105 RULE 9013-1 MOTIONS PRACTICE 9013-1(G) This paragraph is redesignated as (F) and is amended to clarify that motions for dismissal or conversion that are either voluntary or stipulated are excepted from the memorandum requirement. [Changes effective 08/01/23.] 9013-1(H) This paragraph is redesignated as (G) and is amended to include the chapter 7, 12, or 13 trustee, and any appointed chapter 11 trustee among the required recipients of responses in opposition to motions. The Rule is further amended to simplify the response period where neither the Federal Rules of Bankruptcy Procedure nor these Rules specify a different response period. The Rule is also amended to require submission of an order for motions that do not require a hearing where no opposition is filed and the notice period has expired.

A stylistic change has been made as well. [Changes effective 08/01/23.] 9013-1(H) New paragraph (H) adopts a Negative Notice List of matters on which no hearing is required but may be scheduled in the movant’s discretion; addresses the matters on which hearings are required; distinguishes matters on which the movant selects a hearing date from those for which the Court provides a hearing date; prohibits hearings from being set on less than 14 days’ notice except where an expedited hearing request is granted; warns that an incorrect or non- compliant notice of hearing may result in the matter not appearing on the Court docket; sets forth required appearances at hearings; and requires counsel to exercise good faith in coordinating a hearing date and narrowing the issues prior to said hearing. [New paragraph (H) effective 08/01/23.] 9013-1(I) Paragraph I is repealed in light of the simultaneous adoption of amendments to Rule 7056-1. [Change effective 08/01/23.] 9013-1(J) This paragraph is amended to require continuance motions to be in writing, state the desired continuance by time or date, and to notify the Court of such motions filed less than one business day prior to the scheduled hearing. The Rule is further amended to provide that the Court may grant a continuance immediately where there is consent or other good cause in consideration of the exigencies present. [Changes effective 08/01/23.] 9013-1(K) This paragraph is amended to remove the reference to the Motions for Relief from Stay Guidelines, which reference has been relocated to new Rule 4001(a)-1(J). A stylistic change has been made as well. [Change effective 08/01/23.] 9013-1(M) This paragraph is amended to provide distinct forms of notice dependent upon whether a hearing is requested or required at the time of filing or at some point thereafter. The Rule is further amended to require the various notices to be provided in more conspicuous typeface.

The notice language therein is amended to incorporate the new default response period under amended Rule 106 RULE 9014-1 WHETHER HEARING IS EVIDENTIARY OR PRELIMINARY 9013-1(G). Finally, the amendments address providing notice of an expedited hearing. [Changes effective 08/01/23.] 9013-1(N) This paragraph is amended to set forth service and substantive requirements for motions for expedited hearings. [Changes effective 08/01/23.] 9013-1(O) This paragraph is new and sets forth the process for requesting notice periods be shortened, service of such motions, and responses thereto and to provide that a motion to shorten the notice period may be combined with a motion requesting an expedited hearing. [New paragraph (O) effective 08/01/23.] 9013-1(P) This paragraph is redesignated from (O) in light of the adoption of new paragraph (O). The amendments set forth the method and parameters for notifying the Court of the settlement of proceedings as well as to provide that the Court may restore any cancelled hearing to the docket. [Changes effective 08/01/23.] 9013-1(Q) This paragraph is new and sets forth that the closure of a bankruptcy case will result in unprosecuted motions being deemed abandoned without prejudice. The Clerk’s Office will no longer prompt parties to submit tardy orders. [New paragraph (Q) effective 08/01/23.] 9013-1(G)(3) The language of this rule is amended to enhance clarity regarding the minimum response period to be provided if another rule does not specify a different response period. [Change effective 12/01/23.] 9013-1(H)(2) The amendment to this rule adds applications for payment of unclaimed funds filed by unrepresented individuals to the list of enumerated items that do not require a hearing. [Change effective 12/01/23.] 9013-1(H)(4) The text of this rule is modified to more precisely indi- cate the required appearances of unrepresented parties. [Change effective 12/01/23.] RULE 9014-1 WHETHER HEARING IS EVIDENTIARY OR PRELIMINARY (A) Discovery in Contested Matters and Relief from Stay Matters: [Repealed] (B) Whether Hearing is Evidentiary or Preliminary (1) Except as provided for in the Bankruptcy Code, the Federal Rules of Bankruptcy Proce- dure, these Local Bankruptcy Rules or as otherwise ordered by the Court on its own mo- tion or on motion of a party, all parties shall be prepared to present evidence and testimony at any scheduled hearing where the hearing has been set on at least 30 days notice unless the parties agree or the Court orders that evidence and testimony will be presented at any scheduled hearing that is set on less than 30 days’ notice.

107 (2) Notwithstanding paragraph (B)(1), a preliminary hearing on a contested motion for relief from stay shall be non-evidentiary unless the Court orders that evidence and tes- timony will be presented at any such scheduled preliminary hearing. RULE 9016-1 SUBPOENAS Comments This new Local Bankruptcy Rule clarifies how the requirements of F.R.Civ.P. 26, as incorporated by reference in FRBP 7026, apply to contested matters. [New rule effective 12/1/00.]