Motion practice

7.1 Motions in general Briefs - All motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief. Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules. All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCivR 10.9 .

Briefs shall not be submitted in the form of a letter to the judge. Supporting documents - When allegations of facts not appearing of record are relied upon in support of or in opposition to any motion, all affidavits or other documents relied upon to establish such facts shall accompany the motion. All discovery motions shall set forth verbatim, or have attached, the relevant discovery request and answer or objection. Exhibits and attachments in support of or in opposition to a motion shall comply with LCivR 5.3 and LCivR 5.7(d)(vii)(B) .

Absent leave of court, the number of pages of exhibits and attachments that may be filed in support of a motion is limited to either 1) two hundred (200) pages per party, or alternatively, 2) five hundred (500) pages, provided the parties meet and confer and jointly file the agreed upon exhibits and attachments. If leave of court is granted to exceed the page limits established for attachments, the parties will be permitted to file the record they deem appropriate with a joint appendix. The joint appendix shall identify the documents attached and identify the specific documents or portion thereof, that the parties believe the court should review. Modification of limits - In its discretion, the court may in a particular case shorten or enlarge any time, word count, or page limit established by these rules, with or without prior notice or motion.

Attempt to obtain concurrence - With respect to all motions, the moving party shall ascertain whether the motion will be opposed. In addition, in the case of all nondispositive motions, counsel or pro se parties involved in the dispute shall confer in a good-faith effort to resolve the dispute. All nondispositive motions shall be accompanied by a separately filed certificate setting forth in detail the efforts of the moving party to comply with the obligation created by this rule. Motion for expedited consideration - Where the relief requested by a motion may be rendered moot before the motion is briefed in accordance with the schedules set forth herein, the party shall so indicate by inserting the phrase “EXPEDITED CONSIDERATION REQUESTED," in boldface type, below the case caption, and shall identify in the motion the reason expedited consideration is necessary.

Unavailability of district judge - If it appears that any matter requires immediate attention, and the district judge to whom the case has been assigned, or in the usual course would be assigned, is not available, the matter shall be referred to the assigned magistrate judge, who shall decide the matter if it is within the magistrate judge's jurisdiction. If the matter can only be decided by a district judge, the magistrate judge shall determine whether the matter can be set for a hearing at a time when the assigned district judge is available. If the matter is determined by a magistrate judge to require an immediate hearing before a district judge, the case will be referred to the Chief Judge, or in the Chief Judge’s absence, the next available district judge by seniority for decision or reassignment to an available district judge. After disposition of this emergency matter, the case will be returned to the originally assigned district judge.

If the parties have consented to proceed before the magistrate judge under LCivR 73 , and that magistrate judge is not available to attend to the emergency matter, it will be referred to the duty magistrate judge for determination. 7.2 Dispositive motions Definition - Dispositive motions are motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, to involuntarily dismiss an action, and other dispositive motions as defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of Civil Procedure 16 or 37 shall be subject to the briefing schedule for nondispositive motions. Briefs Length - Briefs filed in support of or in opposition to a dispositive motion that are produced on a computer shall not exceed ten thousand eight hundred (10,800) words, to include headings, footnotes, citations and quotations.

Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, and affidavits. Any such brief that is hand-written or produced on a typewriter shall not exceed twenty-five (25) pages in length, similarly including and excluding items previously identified. Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.2(b)(i) , as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance.

Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers. It shall consist of a printed copy of the document after filing (with the header), and an NEF must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers firmly bound as required by LCivR 10.2 . A printed copy of the NEF must be attached to the front of the paper.

The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original. Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The moving party may, within fourteen (14) days after service of the response, file a reply brief. A reply brief produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations.

Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, signature block, attachments, exhibits, and affidavits. Any reply brief that is hand-written or produced on a typewriter may not exceed ten (10) pages. The court may permit or require further briefing. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief.

In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 7.3 Nondispositive motions Definition - Nondispositive motions are all motions not specifically listed in LCivR 7.2(a) . Briefs Length - Briefs filed in support of or in opposition to a nondispositive motion that are produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda.

Any such brief that is hand-written or produced on a typewriter shall not exceed ten (10) pages in length, similarly including and excluding items previously identified. Certificate of compliance - Briefs in support or in opposition to nondispositive motions exceeding one thousand (1,000) words shall be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.3(b)(i) , as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. Briefing schedule - Unless otherwise ordered, any party opposing a nondispositive motion shall, within fourteen (14) days of service of the motion, file a responsive brief and supporting materials.

Reply briefs may not be filed without leave of court. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 7.4 Motions for reconsideration Grounds - Generally, and without restricting the discretion of the court, motions for reconsideration which merely present the same issues ruled upon by the court shall not be granted.

The movant shall not only demonstrate a palpable defect by which the court and the parties have been misled, but also show that a different disposition of the case must result from a correction thereof. Response to motions for reconsideration - No answer to a motion for reconsideration will be allowed unless requested by the court, but a motion for reconsideration will ordinarily not be granted in the absence of such request. Any oral argument on a motion for reconsideration is reserved to the discretion of the court. --> 7.1 Motions in general Briefs - All motions, except those made orally during a hearing or trial, shall be accompanied by a supporting brief. Any party opposing a written motion shall do so by filing and serving a brief conforming to these rules.

All briefs filed in support of or in opposition to any motion shall contain a concise statement of the reasons in support of the party's position and shall cite all applicable federal rules of procedure, all applicable local rules, and the other authorities upon which the party relies. References to the record shall comply with LCivR 10.9 . Briefs shall not be submitted in the form of a letter to the judge. Supporting documents - When allegations of facts not appearing of record are relied upon in support of or in opposition to any motion, all affidavits or other documents relied upon to establish such facts shall accompany the motion.

All discovery motions shall set forth verbatim, or have attached, the relevant discovery request and answer or objection. Exhibits and attachments in support of or in opposition to a motion shall comply with LCivR 5.3 and LCivR 5.7(d)(vii)(B) . Absent leave of court, the number of pages of exhibits and attachments that may be filed in support of a motion is limited to either 1) two hundred (200) pages per party, or alternatively, 2) five hundred (500) pages, provided the parties meet and confer and jointly file the agreed upon exhibits and attachments. If leave of court is granted to exceed the page limits established for attachments, the parties will be permitted to file the record they deem appropriate with a joint appendix.

The joint appendix shall identify the documents attached and identify the specific documents or portion thereof, that the parties believe the court should review. Modification of limits - In its discretion, the court may in a particular case shorten or enlarge any time, word count, or page limit established by these rules, with or without prior notice or motion. Concurrence 1 Attempt to obtain concurrence - With respect to all motions, the moving party shall ascertain whether the motion will be opposed. Nondispositive motions In the case of all nondispositive motions, counsel or nonincarcerated pro se parties involved in the dispute shall confer in a good-faith effort to resolve the dispute.

To accomplish this, the movant must confer with the other parties and persons entitled to be heard on the motion in a manner that reasonably explains the basis for the motion and allows for an interactive process aimed at reaching agreement on the matter or those aspects of the matter that can be resolved without court intervention. The conference must be held sufficiently in advance of filing the motion to allow the opportunity for meaningful discussion. If court intervention remains necessary, the nondispositive motion shall be accompanied by a separately filed certificate specifying the date, time, and duration of the conference; the participants in the conference; and a description of the issues addressed during the conference. In cases involving an incarcerated pro se party, the movant shall make reasonable efforts to comply with the provisions of this rule, and the motion shall be accompanied by a separately filed certificate specifying the efforts to confer with the incarcerated party.

Sanctions - The Court may impose sanctions for unreasonably withholding of concurrence and for violating this rule, which may include taxing costs and attorney’s fees, denying the motion, and striking the filing. Motion for expedited consideration - Where the relief requested by a motion may be rendered moot before the motion is briefed in accordance with the schedules set forth herein, the party shall so indicate by inserting the phrase “EXPEDITED CONSIDERATION REQUESTED," in boldface type, below the case caption, and shall identify in the motion the reason expedited consideration is necessary. Unavailability of district judge - If it appears that any matter requires immediate attention, and the district judge to whom the case has been assigned, or in the usual course would be assigned, is not available, the matter shall be referred to the assigned magistrate judge, who shall decide the matter if it is within the magistrate judge's jurisdiction. If the matter can only be decided by a district judge, the magistrate judge shall determine whether the matter can be set for a hearing at a time when the assigned district judge is available.

If the matter is determined by a magistrate judge to require an immediate hearing before a district judge, the case will be referred to the Chief Judge, or in the Chief Judge’s absence, the next available district judge by seniority for decision or reassignment to an available district judge. After disposition of this emergency matter, the case will be returned to the originally assigned district judge. If the parties have consented to proceed before the magistrate judge under LCivR 73 , and that magistrate judge is not available to attend to the emergency matter, it will be referred to the duty magistrate judge for determination. 1.

Under Administrative Order No. 23-RL-113 , the amendment to Local Civil Rule 7.1(d) takes effect with motions filed February 1, 2024 and after. See the Administrative Order for a redline version of the rule pertaining to motions filed January 31, 2024 and prior. ↩ 7.2 Dispositive motions Definition - Dispositive motions are motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, to involuntarily dismiss an action, and other dispositive motions as defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of Civil Procedure 16 or 37 shall be subject to the briefing schedule for nondispositive motions. Briefs Length - Briefs filed in support of or in opposition to a dispositive motion that are produced on a computer shall not exceed ten thousand eight hundred (10,800) words, to include headings, footnotes, citations and quotations.

Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, and affidavits. Any such brief that is hand-written or produced on a typewriter shall not exceed twenty-five (25) pages in length, similarly including and excluding items previously identified. Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.2(b)(i) , as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance.

Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers. It shall consist of a printed copy of the document after filing (with the header), and an NEF must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers firmly bound as required by LCivR 10.2 . A printed copy of the NEF must be attached to the front of the paper.

The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original. Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The moving party may, within fourteen (14) days after service of the response, file a reply brief. A reply brief produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations.

Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, signature block, attachments, exhibits, and affidavits. Any reply brief that is hand-written or produced on a typewriter may not exceed ten (10) pages. The court may permit or require further briefing. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief.

In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 7.3 Nondispositive motions Definition - Nondispositive motions are all motions not specifically listed in LCivR 7.2(a) . Briefs Length - Briefs filed in support of or in opposition to a nondispositive motion that are produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, affidavits and other addenda.

Any such brief that is hand-written or produced on a typewriter shall not exceed ten (10) pages in length, similarly including and excluding items previously identified. Certificate of compliance - Briefs in support or in opposition to nondispositive motions exceeding one thousand (1,000) words shall be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.3(b)(i) , as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance. Briefing schedule - Unless otherwise ordered, any party opposing a nondispositive motion shall, within fourteen (14) days of service of the motion, file a responsive brief and supporting materials.

Reply briefs may not be filed without leave of court. Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument. 7.4 Motions for reconsideration Grounds - Generally, and without restricting the discretion of the court, motions for reconsideration which merely present the same issues ruled upon by the court shall not be granted.

The movant shall not only demonstrate a palpable defect by which the court and the parties have been misled, but also show that a different disposition of the case must result from a correction thereof. Response to motions for reconsideration - No answer to a motion for reconsideration will be allowed unless requested by the court, but a motion for reconsideration will ordinarily not be granted in the absence of such request. Any oral argument on a motion for reconsideration is reserved to the discretion of the court.