General Motion Practice

(a) Applicability. This rule applies to a motion in a case that is not governed by L.B.R. 9014-2. (b) Content. A motion shall (1) identify the movant, the nature of the relief sought, and the basis for the relief sought, and (2) contain a statement that the movant does or does not consent to the entry of a final order or judgment by the court if it is determined that the court, absent consent of the parties, cannot enter a final order or judgment consistent with Article III of the United States Constitution.

(c) Scheduling of Hearing. Prior to filing a motion, the movant shall obtain a hearing date as provided in L.B.R. 5070-1(a). (d) Filing Deadline. The movant shall file the motion no later than the filing deadline for the selected hearing date as listed on the assigned judge’s hearing calendar on the court’s website.

(e) Notice. On the day the motion is filed, a movant shall file and serve a notice substantially in the form of L.B.F. 9014-3 of the filing of the motion, the relief sought, the hearing date, and the deadline for filing a timely response or objection under subdivisions (h) and (i). -72- (f) Proposed Order. A movant shall file with the motion a proposed form of order which, if entered by the court, would grant the relief sought by the motion. (g) Service of Motion.

On the day the motion is filed, the movant shall serve the motion, the notice required under subdivision (e), and the proposed order on the following: (1) those on the Clerk’s Service List; and (2) any person whose interest would be directly, materially and adversely affected if the relief requested in the motion were granted and whose interests are not adequately represented by those on whom service is otherwise required. (h) General Deadline for Filing Response or Objection to Motion. Except as provided in L.B.R. 9014-2 and subdivision (i), a response or objection to a motion shall be filed and served on the movant, or if the movant is represented, counsel for the movant, no later than 14 days after the date on which the movant serves the motion. (i) Special Deadlines for Filing Response or Objection to Motion.

A response or objection to a motion shall be filed and served in the manner and within the time provided under (1) an order fixing a different time to file a response or objection to a motion; (2) L.B. R. 3015-5, motion to amend a confirmed chapter 12 or 13 plan; (3) L.B.R. 3017-1, motion for approval of a disclosure statement; (4) L.B.R. 6004-1, motion to sell assets; and (5) L.B.R. 7005-1(b), dispositive motions in adversary proceedings. (j) Content of Response or Objection. A response or objection shall contain a statement that the party filing the response or objection does or does not consent to the entry of final orders or judgments by the court if it is determined that the court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. (k) Determination without Hearing if No Response or Objection Timely Filed.

If a response or objection is required to be filed and no timely response or objection is filed, the movant may file a certification of no response with the court and, unless a hearing is required under the Federal Rules of Bankruptcy Procedure, may request that the court grant the relief requested in the motion without a hearing. The filing of a certification of no response does not cancel the scheduled hearing. The movant may contact the judge’s courtroom deputy to ascertain whether the court has canceled the hearing.