CONTESTED MATTERS – EXPEDITED

U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of North Carolina

Rule: 9014-2

Jurisdiction: EDNCB

Bluebook Citation: Bankr. E.D.N.C. R. 9014-2

All Rules: Bankr. E.D.N.C. Local Bankruptcy Rules, complete index

Text

(a) APPLICABILITY. This rule is applicable to any motion in which a hearing or the entry (b) (c) of an order is requested with less than 14 days’ notice.

PROCEDURE.

(1) (2) (3) Any request for a shortened notice time and expedited hearing shall be filed as a separate motion. The motion for which shortened notice time is requested shall be filed contemporaneously with the filing of the motion for shortened notice. The movant shall contact the clerk’s office by the email address designated for the courtroom staff of the appropriate judge to inform that the motion has been filed so that the motion may be immediately referred to the judge.

(2) SERVICE OF MOTION AND NOTICE OF HEARING.

(1) MOTION.

The moving party shall immediately serve a copy of the motion to shorten time and the motion upon which expedited relief is requested by hand delivery, overnight delivery, facsimile or electronic transmission.

NOTICE OF MOTION.

Immediately upon receipt of the order on the motion to shorten time, the movant shall file a notice of motion consistent with the order indicating the response due date, and notice of hearing, if applicable, and shall serve the notice upon the parties in the manner prescribed in subparagraph (c)(1) above. In instances where service of the notice of motion may not provide sufficient time for parties in interest to respond or appear, counsel shall telephonically provide notice. A certificate of service indicating the manner of service shall be filed immediately upon completion of service. (4) (3)