Motion Practice.
U.S. Bankruptcy Court for the District of Montana
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P a g e | 63 (g) Longer or Shorter Notice and Response Periods. If a Fed. R. Bankr. P., or other applicable authority provides a notice period that is longer or shorter than 14 days, the motion should include the Notice required under 9013-1(f), except the period within which a responsive pleading is required shall be amended to include the correct notice period, (7, 21, 28, or another notice period that may be required). (h) Response to Motion. Unless otherwise provided by the Local Rules, any entity objecting to a motion shall file a response and request a hearing within 14 days of the motion’s date and shall, in the response, notice the contested matter for a hearing by including in the caption of the responsive pleading the date, time, and location of the hearing by inserting in the caption in bold and conspicuous print the Notice of Hearing as specified in the subpart (e) above.
The notice of the hearing shall provide that the hearing on the contested matter shall be scheduled at the earliest hearing day following the expiration of the 21 days counted after the date of the response and request for a hearing. If no response and request for a hearing is filed within 14 days of the motion’s date, the Court may grant the relief requested as a failure to respond by any entity shall be deemed an admission that the relief requested should be granted. Any response must state with specificity the grounds for all objections, including citation to applicable statutes and case law, provisions of any executory contract or unexpired lease in question, and the facts regarding whether any default exists. (i) Exception for Specific Matters.
(1) Matters Governed by Other Rules. The following matters are governed by the identified Local Rules and follow a similar procedure outlined in Mont. LBR 9013- 1: (A) Motions to Modify Stay, Mont. LBR 4001-1; (B) Objections to Proofs of Claim, Mont.
LBR 3007-1; (C) Objections to Exemptions, Mont. LBR 4003-3; (D) Motions to Avoid Liens and Nonpossessory, Non-purchase Money Security Interests, Mont. LBR 4003-4; (E) Motions for Assumption or Rejection of Executory Contracts and Unexpired Leases, Mont. LBR 6006-1; (F) Motions to Dismiss or Convert, Mont.
LBR 1017-1; and (G) Objections to Late Filed Claims, Mont. LBR 3002-1. (2) Matters the Court Will Routinely Grant or Deny, with the Right to Request a Hearing. Upon motion and the submissions of a proposed order, the following matters will be routinely granted or denied, without notice or a hearing, in the Mont.
LBR December 1, 2025