ORDERS AND JUDGMENTS

(a) General. A proposed order or judgment (collectively, order) must be lodged either in paper form or electronically via LOU in accordance with the LOU Procedures contained in The Central Guide and these rules. Unless required as a court-mandated form order pursuant to LBR 9009-1 or otherwise ordered by the court, an order must not contain any attached agreement or other exhibit. If an order approves a motion that is based in whole or part upon an agreement or other exhibit, the order must refer to the docket number and/or title of the document in which the agreement or exhibit is found.

Nothing in this rule prevents a prevailing party from serving a copy of an entered order along with a copy of an agreement or other exhibit referred to in the order. (b) Preparation, Lodging, and Signing of Orders. (1) Form of Proposed Order. A proposed order must be set forth in a separately captioned document complying with LBRs 9004-1 and 9009-1 and The Central Guide.

(A) Who Must Prepare. Unless the court otherwise directs, a proposed order must be prepared by the attorney for the prevailing party. (B) When Due if a Hearing was Scheduled. If not presented at the hearing, a proposed order must be served and lodged with the clerk within 7 days of the granting thereof.

Except as provided in LBR 7056-1(b)(2) and LBR 7016-1(b)(3) or if the presiding judge has posted a tentative ruling authorizing the submission of a proposed order, a proposed order must not be lodged prior to the hearing or trial of the underlying matter. (C) Failure to Timely Lodge Order. If the prevailing party fails to serve and lodge a proposed order within the allotted time, then any other party present at the hearing may lodge and serve a proposed order. All other parties shall have 7 days within which to file and serve an objection in compliance with subsection (b)(3) of this rule.

If no party submits a proposed order, the court may prepare and enter such order as it deems appropriate, including an order to appear and file written explanation as to why the motion or proceeding should not be dismissed without prejudice for failure to prosecute, and to appear at the hearing. (D) Copies and Envelopes. Copies of the proposed order and mailing envelopes must not be provided to the court unless required in The Central Guide. (2) Order upon Stipulation.

Except as provided in LBR 3015-1(r)(3) and LBR 4001- 1(b)(2)(B), a proposed order approving a written stipulation must refer to the title of the stipulation and be contained in a separate document prepared and lodged upon the filing of the stipulation with the court. A proposed order lodged electronically must be prepared and uploaded in accordance with the LOU 140 Procedures. (3) Proposed Order when Opposition to Motion was Filed. LBR 9021-1 (A) Service of Proposed Order on Contesting Party.

Pursuant to the Notice of Lodgment Procedures set forth in The Central Guide, the attorney who has the duty to prepare any order required by this rule must serve a copy of the proposed order on counsel, or party if filed without counsel, who filed an opposition or other objection to the relief requested, either before or on the same day that the order is lodged with the court and must file a proof of service with the order. Alternatively, the attorney preparing the order may present it to opposing counsel for approval as to form before the order is lodged, in which case opposing counsel must immediately (within 24 hours) approve or disapprove the form of order and return it to counsel who prepared it. A signature line of opposing counsel with the words “approved as to form” or, alternatively, “not approved, objection to follow” or something similar may be used for this purpose. The signature of opposing counsel indicating that an opposition is forthcoming does not excuse compliance with subsection (3)(B) below.

(B) Separate Objection to Proposed Order. If an objection to the form of a lodged order is to be filed, the opposing party must immediately (within 2 court days) upon receipt of the form of the proposed order contact the judge’s clerk in chambers of the judge presiding in the matter by telephone, unless the judge’s procedure indicates otherwise, to notify the presiding judge that an opposition will be filed. A voicemail detailing the matter, calendar number and date of the hearing, and the nature of the opposition, left with the judge’s clerk may suffice as compliance with this duty. Opposing counsel must, within 7 days after service of a copy of a proposed order prepared under this rule, file and serve a written objection to the form of the order, setting forth the grounds therefor.

Opposing counsel must attach as exhibits to the objection (i) a copy of the order that is the subject of the objection and (ii) a copy of the proposed alternative form of order. The proposed alternative form of order so labeled must be lodged with the objection. A judge’s copy of the objection and proposed alternative form of order must be served on the judge in chambers in accordance with LBR 5005-2(d). The failure to immediately sign (within 2 court days) when offered the form of proposed order indicating that an objection will be filed, or failure to timely notify chambers that an objection will be forthcoming, or failure to file and serve a timely objection as required by this rule may, in the court’s discretion, constitute a waiver of any defects in the form of the order.

(C) Endorsement of Counsel. Unless the court otherwise directs, a proposed order will not be signed by the judge unless (i) opposing counsel has endorsed thereon an approval as to form; (ii) opposing counsel has stipulated thereto on the record at the hearing, or (iii) the time for objection 141 LBR 9021-1 to a form of order properly served has expired under subsection (b)(3)(B) of this rule. If it finds the ends of justice so requires, the court may conduct a hearing on the proper form of the order or decide any objection thereto without a hearing. (4) Proposed Orders on Unopposed Motions.

Notwithstanding subsection (b)(3) of this rule, if no opposition was filed, no service or proof of service of the proposed order is required prior to lodging of the proposed order, and the non-opposing party will be deemed to have waived any objection to the form of the order. The court may sign a proposed order on an unopposed motion immediately upon its lodging with the clerk without waiting for the objection period of subsection (b)(3)(B) of this rule to expire. (5) Signing of Orders for Absent Judges. Except as otherwise provided by F.R.Civ.P. 63, application for any order on a case or proceeding must be made to the judge to whom the case is assigned.

If the judge to whom the case or proceeding is assigned is not available and there is an emergency necessitating an order, the judge’s courtroom deputy must be consulted to determine whether a judge of this court has been designated to handle matters in the absence of the assigned judge. If a designation has been made, the application must be presented to the designated judge. If no designation has been made, then the matter must be presented to the duty judge, if any, or in his or her absence, to any other judge in accordance with normal divisional practices. If no emergency exists, the application will be held by the assigned judge’s courtroom deputy until the assigned judge is available.

Any judge may sign an order for another judge. (6) Obtaining Certified Copies of Order. Payment for a certified copy of an order must be made to the cashier in the clerk’s office. No checks will be accepted in the courtroom or by courtroom deputies.

If a certified copy of a stipulated or default order is desired, the order may either be presented in the courtroom together with a clerk’s receipt showing prepayment of the certification fee, or the certified copy may be requested from the clerk’s office after the order has been signed and entered. (c) Entry of Orders. (1) Timing of Taxation of Costs. Entry of an order must not be delayed pending taxation of costs to be included therein pursuant to LBR 7054-1.

A blank space must be left in the form of an order for insertion of costs by the clerk after they have been taxed. (2) Calculation of Interest. If interest is accruing or will accrue on any order, the party preparing the proposed form of order must indicate by memorandum attached thereto the applicable interest rate as computed under 28 U.S.C. § 1961(a) or 26 U.S.C. § 6621 and the amount of interest to be added for each day the document remains unsigned. 142 LBR 9021-1 (3) By Stipulation with Entry of Order.

The court may withhold entry of an order to permit the parties to submit, either separately or jointly by stipulation, the computation of the amount of money to be awarded in accordance with the court’s determination of the issues. (4) Contested Computation. If the parties do not stipulate to a computation as provided in this rule, any party may file and serve a computation claimed to be in accordance with the determination of the issues by the court. Within 7 days of service of the computation, an opposing party may file and serve an objection accompanied by an alternate computation.

If no objection is filed within 7 days, the order may be entered in accordance with the original computation submitted. (5) Hearing on Contested Computation. If it finds the ends of justice so require, the court may place the matter on calendar for hearing provided there is at least 7 days’ notice to the parties. After hearing, the court will determine the correct amount on which the order will be entered.

The hearing will be limited to a determination of the correct amount to be entered in the order and shall not constitute an opportunity for rehearing or reconsideration of the determination of other issues previously ruled on by the court. (6) Effect of Stipulation to Amount of Costs. A stipulation by the parties to the amount to be entered pursuant to the determination of the issues by the court will not be deemed to be a waiver of any rights of the parties to appeal or otherwise challenge the determination of such issues by the court. (7) Delegation of Authority to Sign Designated Orders.

The court may delegate authority to the clerk to: (A) Sign specified form orders involving ministerial matters; and (B) Facsimile stamp specified orders consistent with oral rulings by the court. (d) Duty of Clerk as to an Order Directing an Action by an Official of the United States. When an order is entered by the court directing any officer of the United States to perform any act, unless such officer is present in court when the order is made, the clerk must forthwith transmit a copy of the order to the officer ordered to perform the act. (e) Amended or Corrected Orders.

(1) If an error or omission in the form of an entered or lodged order is discovered, a party in interest may request amendment or correction of the order by filing and serving a motion under LBR 9013-1(d) or (o). (2) The motion must set forth specifically the changes requested in the form of the order and reasons such changes are necessary and appropriate. A copy of the 143 LBR 9027-1 proposed amended order must be attached as an exhibit to the motion when filed and served. (3) The amended order must state in its caption the date of entry of the original order and, if applicable, the date, time, and place of the original hearing.

(4) If the motion is filed and served pursuant to LBR 9013-1(o), the proposed amended order itself must be lodged at the same time as the required declaration establishing that no timely objection was served.