MOTION PRACTICE

(See Fed. R. Civ. P. 7, 56, 78; Fed. R. Crim. P. 12) NOTE: The requirements for motions in class actions are in SDIL-LR 23.1. To the extent anything in this Local Rule conflicts with SDIL-LR 23.1, SDIL-LR 23.1 takes priority. (a) Form and Content (1) (2) A motion shall state its grounds with particularity and shall set forth the relief sought. All briefs shall contain a short, concise statement of the party’s position, together with citations to relevant legal authority and to the record.

Allegations of fact not supported by citation may not, in the Court’s discretion, be considered. (3) Except for a brief filed in response to a habeas petition, and unless Page 8 of 66 otherwise authorized by the Court, no brief shall be submitted which is longer than 20 double-spaced typewritten pages in 12- point font. All page limits stated in these Local Rules are exclusive of cover pages, tables of content, tables of authority, signature pages, certificates of service, exhibits, and Statements of Material Facts, Responses to Statements of Material Facts, Statements of Additional Material Facts, or Replies to Statements of Additional Material Facts (see SDIL-LR 56.1(e . (4) Reply briefs are not favored, shall not exceed five pages, and should be filed only in exceptional circumstances.

Under no circumstances will sur-reply briefs be accepted. The parties are directed to review the individual case management procedures of each presiding judge as they may relate to the filing of replies. (5) In civil cases, failure to file a timely response to a non-dispositive motion may be deemed consent to the relief as requested. (6) Where a change in law or facts has occurred after the filing of a pleading, a party may seek leave to file a supplemental pleading.

The motion for leave shall not exceed two pages, shall refer to the specific pages of the pleading it seeks to address or supplement, and shall attach as exhibits any relevant authority or evidence it seeks to supplement. The Court, in its discretion, will set forth page and time limitations for any supplemental pleading and for any responsive pleadings that it deems necessary. (b) Deadlines (1) Civil motions to remand, to dismiss, for judgment on the pleadings, for summary judgment, to exclude expert witness testimony, and all post-trial motions shall be supported by a brief. The motion and brief may be combined into a single submission.

(A) (B) (C) An adverse party shall have 30 days after service of a motion listed above to file a response. Reply briefs, if any, shall be filed within 14 days of the service of a response. All civil motions to dismiss, for judgment on the pleadings, and for summary judgment must be filed no later than 100 days before the trial date or, if no trial date has been set, before the first day of the presumptive trial month. Page 9 of 66 (2) For all civil motions, other than those listed in subsection (b)(1) above, a supporting brief is not required.

(A) A party opposing a motion not listed in subsection (b)(1) shall have 14 days after service of the motion to file a written response. (B) A reply, if any, shall be filed within 7 days of the service of the response. (3) All criminal motions shall be filed in accordance with Orders of the Court entered at or after a defendant’s arraignment. (c) Oral Argument (1) A party may not schedule or notice a hearing for oral argument on a pending motion.

Any party desiring oral argument on a motion shall file a formal motion and state the reason why oral argument is requested. Additionally, the parties are directed to review the individual case management procedures of each presiding judge as they may relate to oral argument on motions and encourage opportunities for courtroom advocacy. Any motion may be: (A) scheduled by the Court for oral argument at a specified time; (B) (C) (D) scheduled for determination by telephone conference call or other remote means; referred determination or recommendation; or to a United States Magistrate Judge for determined upon the pleadings and the motion papers without oral argument. RULE 7.1-1 DISCLOSURE STATEMENTS (a) Who Must File; Contents (1) Nongovernmental Corporations.

Under Fed. R. Civ. P. 7.1(a)(1), a “nongovernmental corporate party” or a “nongovernmental corporation that seeks to intervene” is defined under this Rule to include any nongovernmental entity that is not an individual, including, but not limited to, a corporation, limited liability Page 10 of 66 company, sole proprietorship, partnership, firm, joint venture, trust, or similar entity. (A) Contents. The disclosure statement of a nongovernmental corporate party or a nongovernmental corporation that seeks to intervene must identify any parent corporation, publicly held corporation, affiliated corporation, limited liability company, partnership, firm, joint venture, trust or other entity, or any individual owning 10% or more of the stock or 10% or more ownership interest in the nongovernmental corporate party or nongovernmental corporate party seeking to intervene, or state that there is no such entity or individual. (2) Parties or Intervenors in a Diversity Case.

Unless otherwise ordered, in an action based on diversity under 28 U.S.C. § 1332(a), all parties or intervenors, whether governmental, corporate, or individual, must file a disclosure statement in compliance with Fed. R. Civ. P. 7.1(a)(2). (b) Time to File; Continuing Obligation to Supplement (1) A party or intervenor must: (A) (B) file a disclosure statement as required by Fed. R. Civ. P. 7.1(a)(1) and/or (a)(2) with its first appearance, pleading, petition, application, motion, notice, response, or other request addressed to the Court; and promptly file a supplemental disclosure statement that identifies (i) any change of ownership of a nongovernmental corporate party or intervenor that results in a previously undisclosed entity or individual owning 10% or more of its stock or having 10% or more ownership interest, and/or (ii) any change of citizenship of an individual or entity whose citizenship is attributed to a party or intervenor.