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RULE 7026-1 DISCOVERY - GENERAL (a) Report of Parties’ Planning Conference. At the conclusion of the conference required under Fed. R. Civ. P. 26(f)(1), made applicable by Fed. R. Bankr. P. 7026, and no later than 7 days prior to the initial pretrial conference, the parties are jointly responsible for filing the Report of Parties’ Planning Meeting required under Fed. R. Civ. P. 26(f)(2) in a form that substantially complies with Local Form 7026-1. (b) Attorney Managed Discovery. The court will not entertain any motions related to discovery under Fed. R. Bankr. P. 7026 through 7037 unless the moving attorney has in good faith conferred, or attempted to confer, with the opposing attorney and the parties are unable to reach an agreement on the matters set forth in the motion.

The moving attorney must certify in the motion: (1) (2) and compliance with this Rule; the date, time, and place of the conference or attempts to confer; (3) the names of all participating parties or attorneys. (c) Court Managed Discovery. (1) Limitations on Discovery. Motions to limit discovery under Fed. R. Civ. P. 26(b) or (c), made applicable by Fed. R. Bankr. P. 7026, must attach: (A) (B) a copy of the discovery request; a statement identifying the relevant portions of the request to which objection is made; and (C) for each objection, a succinct statement summarizing why discovery should be limited and/or any proposed modification.

(2) Compelling Discovery. Motions to compel discovery under Fed. R. Civ. P. 37, made applicable by Fed. R. Bankr. P. 7037, must attach: (A) a copy of the discovery request; and Page 112 of 163 (B) a succinct statement identifying the requests that have not been complied with and why any response received was inadequate. (d) Form of Certain Discovery Documents. Parties responding to interrogatories pursuant to Fed. R. Civ. P. 33 and Fed. R. Bankr. P. 7033; requests for production of documents or things pursuant to Fed. R. Civ. P. 34 and Fed. R. Bankr. P. 7034; or requests for admission pursuant to Fed. R. Civ. P. 36 and Fed. R. Bankr. P. 7036 shall repeat in full each such interrogatory or request to which the response is made.

The parties also shall number sequentially each interrogatory or request to which response is made. Page 113 of 163 RULE 7041-1 DISMISSAL - VOLUNTARY AND FOR LACK OF PROSECUTION Voluntary Dismissal of a Complaint under § 727. A party seeking dismissal (a) of a complaint objecting to a debtor’s discharge under § 727 must file a motion with a notice of hearing in the adversary proceeding. The motion shall be served on the United States Trustee, chapter 7 trustee, and other parties as directed by the Court, with an opportunity to object.

The motion must disclose all terms of any agreement made between the plaintiff(s) and the debtor(s) in relation to the litigation and its proposed dismissal. (b) Dismissal for Lack of Prosecution. At any time, the court may issue an order to show cause why an adversary proceeding should not be dismissed for lack of prosecution. If good cause is not shown within the time prescribed by the order to show cause, the court may enter an order of dismissal with or without prejudice, as the court deems proper.

Page 114 of 163 RULE 7052-1 FINDINGS AND CONCLUSIONS (a) Generally. Except as otherwise directed by the court, in all non-jury proceedings, the attorney for each party must prepare and email to chambers or file, as directed by the court, at least 2 days before trial, proposed findings of fact and conclusions of law consistent with the theory of the submitting party and the facts expected to be proved. This rule does not apply to contested matters governed by Fed. R. Bankr. P. 9014, unless ordered by the court. (b) Proposed Findings of Fact.

Proposed findings of fact must be concise, direct, recite ultimate rather than mere intermediary evidentiary facts, and be suitable in form and substance for adoption by the court. Each finding of fact should be stated separately. (c) Proposed Conclusions of Law. Proposed conclusions of law must be stated separately from the proposed findings of fact.

Conclusions of law must be concise, direct, and be suitable in form and substance for adoption by the court. Each conclusion of law should be stated separately. Page 115 of 163 RULE 7054-1 COSTS - TAXATION/PAYMENT (a) Bill of Costs. Within 21 days after the entry of final judgment, a party entitled to recover costs must file a bill of costs, on a form available from the clerk, and a verification of bill of costs under 28 U.S.C. § 1924, and serve such documents on the attorneys of record of all adverse parties.

The bill of costs must clearly and concisely itemize and describe the costs, checks, money orders, or other forms of payment, and must include copies of applicable invoices, receipts, and disbursement instruments. Failure to itemize and verify costs may result in their disallowance. (b) Objections to Bill of Costs. A party objecting to a bill of costs must file an objection, supported by declarations and documentation, and serve the attorney of record for all adverse parties within 14 days after service of the bill of costs.

Upon timely objection, a hearing may be scheduled to review the bill of costs and the objection. (c) Taxation of Costs. If no objection is timely filed, the clerk must tax the costs and allow such items as are taxable under law. Costs taxed by the clerk will be included in the judgment or decree.

(d) Judicial Review. Taxation of costs by the clerk is subject to review by the court if, under Fed. R. Bankr. P. 7054(b), a motion for review is filed within 7 days after entry of the clerk’s action. Page 116 of 163 RULE 7055-1 DEFAULT JUDGMENT (a) Default Certificate. A party applying for default judgment under Fed. R. Bankr. P. 7055 must, at or prior to the time of filing the application, file a certificate of default as to the party in default.

If the proposed certificate of default is accompanied by an affidavit showing that the party against whom judgment is sought has failed to plead or otherwise defend and if service of the summons and complaint appears to be proper, the clerk shall enter the party’s default. (b) Judgment by Default Entered by Clerk. A proposed judgment by default filed in accordance with Fed. R. Bankr. P. 7055 for signature and entry by the clerk in accordance with that rule and Local Rule 5003-1(a)(1) must be accompanied by a declaration that the person against whom judgment is sought is neither an infant or an incompetent person, nor in the armed forces within the meaning of the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. § 520(1). (c) Judgment by Default Entered by Court.

In all other cases, the party entitled to judgment must apply to the court in accordance with Fed. R. Bankr. P. 7055. If the party against whom judgment is sought has appeared in the proceeding, the party seeking default judgment shall give notice of the application for default judgment to the attorney for the party as required by Fed. R. Bankr. P. 7055. If the party entitled to judgment is seeking relief under § 523 or § 727, the applicant must schedule a hearing on the application and shall give notice of the hearing to the debtor and the debtor’s attorney. (d) Clerk’s Action Reviewable.

The actions of the clerk under this rule may be reviewed, suspended, altered, or rescinded by the court. COMMENT (2014) This rule has been amended to clarify procedures for entry of default and default judgments. If the complaint seeks relief under § 523 or § 727, plaintiff must schedule a hearing on the application for default judgment. Otherwise, no hearing on the application Page 117 of 163 is required but if the party against whom judgment is sought has appeared in the proceeding, the party seeking default judgment shall give notice of the application to the attorney for that party.

Page 118 of 163 RULE 7056-1 SUMMARY JUDGMENT (a) Summary Judgment Motions and Memoranda. This rule applies to motions for summary judgment in contested matters under Fed. R. Bankr. P. 9014 and adversary proceedings. A motion for summary judgment and the supporting memorandum must be clearly identified in the case caption and introduction. (b) Motion: Form, Elements and Undisputed Material Facts; and Background Facts Statement.

The movant must file the motion for summary judgment in compliance with Local Rule 5005-2 within any applicable time limitation, unless the court orders otherwise. The motion and any supporting memorandum must be contained in one document. A motion for summary judgment must include the following sections: (1) an introduction summarizing why summary judgment should be granted; (2) a section entitled “Statement of Elements and Undisputed Material Facts” that contains the following: (A) (B) each legal element required to prevail on the motion; citation to legal authority supporting each stated element (without argument); (C) under each element, a concise statement of the material facts necessary to meet that element as to which the moving party contends no genuine issue exists. Only those facts that entitle the moving party to judgment as a matter of law should be included in this section.

Each asserted fact must be presented in an individually numbered paragraph that cites with particularity the evidence in the record supporting each factual assertion (e.g., deposition transcript, affidavit, declaration, and other documents). (3) An argument section explaining why, under the applicable legal Page 119 of 163 principles the asserted undisputed facts entitle the party to summary judgment. The motion may, but need not, include a separate background section that contains a concise statement of facts, whether disputed or not, for the limited purpose of providing background and context for the case, dispute, and motion. This section may follow the introduction and may, but need not, cite to evidentiary support.

The memorandum may also provide a concise conclusion. (c) Notice of the Motion and Hearing. The movant shall obtain and set an appropriate hearing date with the court scheduling clerk. A Notice of Summary Judgment Motion and Notice of Hearing shall be filed in compliance with Local Rule 5005-2.

A Notice of Summary Judgment Motion and Notice of Hearing shall; (1) be in substantial conformity with Local Form 9013-1, with alterations as may be appropriate to comply with these Local Rules; (2) state a specific objection deadline that is at least 21 days after service of the Notice of Summary Judgment Motion and Notice of Hearing. (d) Memorandum in Opposition; Response to Elements and Facts; and Background Facts. A party filing a memorandum in opposition to a motion for summary judgment must file its opposition in compliance with Local Rule 5005-2 by the date stated in the Notice of Summary Judgment and Notice of Hearing. A memorandum in opposition to a motion for summary judgment must include the following sections: (1) an introduction summarizing why summary judgment should be denied; (2) a section entitled “Response to Statement of Elements and Undisputed Material Facts” that contains the following: (A) a concise response to each legal element stated by the moving party.

If the non-moving party agrees with a stated element, state “agreed” for that element. If the party disagrees with a stated element, state what Page 120 of 163 the party believes is the correct element and provide citation to legal authority supporting the party’s contention (without argument). If the non-moving party agrees that any stated element has been met, so state; (B) a response to each stated material fact. Under each element that a party disputes as having been met, restate each numbered paragraph from the statement of material facts provided in support of that element in the motion.

If a fact is undisputed, so state. If a fact is disputed, so state and concisely describe and cite with particularity the evidence on which the non-moving party relies to dispute that fact (without legal argument); (C) a statement of any additional material facts, if applicable. If additional material facts are relevant to show that an element has not been met or that there is a genuine issue for trial, state each such fact separately in an individually numbered paragraph that cites with particularity the evidence in the record supporting each factual assertion (e.g., deposition transcript, affidavit, declaration, and other documents); (D) a statement of additional elements and material facts, if applicable. If there are additional legal elements not stated by the moving party that the non-moving party contends preclude summary judgment, state each such element along with citation to legal authority that supports the element (without argument) and any additional material facts that create a genuine issue for trial on these elements.

Each additional asserted fact must be presented in an individually numbered paragraph that cites with particularity the evidence in the record supporting each factual assertion (e.g., deposition transcript, affidavit, declaration, and other documents); and (3) An argument section explaining why under the applicable legal Page 121 of 163 principles, summary judgment should be denied. The memorandum in opposition may, but need not, include a separate background section that contains a concise statement of facts, whether disputed or not, for the limited purpose of providing background and context for the case, dispute, and motion. This section may follow the introduction and may, but need not, cite to evidentiary support. The memorandum may also provide a concise conclusion.

(e) Reply Memorandum. The moving party may file a reply memorandum no later than 7 days after the objection is served and in no case less than 4 days before the date set for hearing. In the reply, a moving party may only cite additional evidence not previously cited in the opening memorandum to rebut a claim that a material fact is in dispute. Otherwise, no additional evidence may be cited in the reply memorandum, and if cited, the court will disregard it.

(f) A Motion May Not Be Made in a Response or Reply Memorandum. No motion may be included in a memorandum in opposition or reply memorandum. Such a motion must be made in a separate document. (g) Length of Motion, Memorandum in Opposition, and Reply Memorandum.

A motion for summary judgment or a memorandum opposing a motion for summary judgment must not exceed 25 pages in length, exclusive of face sheet, table of contents, statements of issues and facts, and exhibits. A reply memorandum must not exceed 10 pages, exclusive of face sheet, table of contents, statements of issues and facts, and exhibits. (h) Overlength Memoranda. An order of the court must be obtained to file a motion or memorandum that exceeds the page limitations set forth in subsection (g) of this rule.

Such a motion may be made to the court ex parte, and must include a statement of why additional pages are needed and the number of pages. The court will approve the request only for good cause shown. If authorized, an overlength memorandum must Page 122 of 163 contain, in addition to the elements and sections otherwise required by this rule, a table of contents, with page references, setting forth the titles or headings of each section and subsection. (i) Citation of Unpublished Decisions.

Unpublished opinions may be cited in a memorandum as authority, but only if they are readily accessible through a recognized publisher of legal opinions such as Westlaw or Lexis. If a case is not reported in the West Bankruptcy Reporter, reference to the opinion should include the applicable reporting- service citation so the opinion can be quickly accessed by the court and other parties. Opinions that cannot otherwise be cited should be attached as an exhibit to the memorandum. (j) Citations of Supplemental Authority.

When pertinent and significant authorities come to the attention of a party after a memorandum has been filed, or after oral argument but before the court renders a decision, a party may advise the court by letter, with a copy to all parties, setting forth the citations. The letter must, without argument, state the reason for the supplemental citations and include a reference either to the page of the memorandum or to a point argued orally to which the citations pertain. Any response must be promptly made and similarly limited. (k) Supporting Exhibits to Memoranda.

All evidence offered in support of or opposition to motions for summary judgment must be submitted in a separately filed appendix with a cover page index. The index must list each exhibit by number, include a description or title and, if the exhibit is a document, provide the source of the document. A responding party may object as provided in Fed. R. Civ. P. 56(c)(2). Upon failure of any responding party to object the court may assume for purposes of summary judgment only that the evidence proffered would be admissible at trial.

(l) Certificate of Service. Unless otherwise ordered, a party must file a certificate of service of the Summary Judgment Motion, the Notice of Summary Judgment Page 123 of 163 Motion and Notice of Hearing and all subsequent pleadings. The certificate must be filed with the motion and notice, endorsed upon the motion, notice and subsequent pleading, or filed separately as soon as possible and in any event before any action based upon the service is requested or taken by the court. The certificate must be in substantial conformity with Local Form 9013-3.

(m) Failure to Respond. Failure to respond timely to a motion for summary judgment may result in the court’s granting the motion without further notice. (n) Granting Relief Without a Hearing. The court may, but is not required to, strike the hearing, and grant the relief requested in a motion for summary judgment without a hearing if there has been no memorandum in opposition to the motion filed or served on the movant.

If the court determines that oral argument is not necessary or helpful, the court may, but is not required to, strike the hearing and enter an order disposing of the summary judgment motion. (o) Time for Striking Hearings. A request to strike a hearing should be made at least two business days prior to the hearing. COMMENT (2013) This rule sets forth procedures specific to motions for summary judgment in contested matters and adversary proceedings.

The rule adopts the procedures of the U.S. District Court of Utah but clarifies that notice of a summary judgment motion and an objection deadline must be served on adverse parties. The purpose of the Statement of Elements and Undisputed Material Facts and the corresponding section in the memorandum in opposition to a motion for summary judgment is to distill the relevant legal issues and material facts for the court while reserving arguments for the respective argument sections of the motion and opposition memorandum. Page 124 of 163 RULE 7067-1 REGISTRY FUND (a) Court Orders Relating to Deposits. A party making a deposit under Fed. R. Bankr. P. 7067 in an adversary proceeding or a deposit in a case, may apply to the court for an order to invest the funds in accordance with this rule.

(b) Registry Funds Invested in Interest-Bearing Accounts. Upon motion and in accordance with Fed. R. Bankr. P. 7067 or other authority, the court may order the clerk to invest certain registry funds in an interest-bearing account or instrument. When guaranteed government securities are purchased, regardless of the amount invested, the funds require no posting of collateral. All other investments must be collateralized in accordance with the Department of Treasury’s regulations.

The order must also specify the following: (1) (2) the amount to be invested; the length of time the funds should be invested and, where applicable, whether they should be reinvested in the same account or instrument upon maturity; (3) the name(s) and address(es) and social security number(s) or tax identification number(s) of the designated beneficiary(ies); and (4) other information that is appropriate under the circumstances. (c) Service Upon the Clerk. A copy of the order must be served personally upon the clerk or chief deputy clerk, with an additional copy provided to the court’s financial department. (d) Deposit of Funds.

The clerk must take all reasonable steps to deposit funds into the specified accounts or instruments within, but not more than, 14 business days after service of a copy of the order. (e) Disbursements of Registry Funds. A party seeking a disbursement of funds must prepare an order for the court’s review and signature and must serve the signed Page 125 of 163 order upon the clerk or chief deputy clerk. If applicable, the order should indicate whether, when released by the court, the instruments of investment should be redeemed subject to possible early withdrawal penalties or held until the maturity date.

The clerk or chief deputy clerk must prepare the withdrawal documents under the order. (f) Management and Handling Fees. Unless otherwise negotiated by the parties, funds invested under subsection (b) of this rule will be subject to routine management fees imposed by the financial institution and deducted at the time the accounts are closed or the instruments redeemed. In addition, under the miscellaneous fee schedule approved by the Judicial Conference of the United States as set forth in 28 U.S.C. § 1930, the clerk must assess a “Registry Fund Fee.” The fee is to be determined and promulgated by the Director of the Administrative Office of the United States as authorized by the Judicial Conference of the United States.

(g) Verification of Investment. A party that obtains an order directing the investment of funds by the clerk should verify that the funds have been invested as ordered. (h) Liability of the Clerk. Failure of a party to personally serve the clerk or chief deputy clerk with a copy of the order, or failure to verify investment of the funds within 7 days after the expiration of the time period set forth in subsection (d) of this rule, will release the clerk from any liability for the loss of earned interest on such funds.

(i) Cash Bonds. If a person other than a party posts a cash bond with the clerk, the party for whom the bond is posted must execute and file an agreement with such person setting forth the intended disposition of the cash deposit by the clerk upon release of the cash bond. No deposit of funds will be allowed unless an order allowing or requiring it has been entered. Page 126 of 163 RULE 7069-1 EXECUTION OF JUDGMENT (a) Domestication of Judgment.

A judgment creditor should domesticate a judgment in the appropriate state court and execute upon the judgment utilizing state law remedies whenever possible. (b) Motion to Appear. A judgment creditor who holds a judgment that cannot be domesticated under state law may move to compel the judgment debtor, or other person in possession of or having information relating to property or other assets that may be subject to execution or restraint, to appear in court and answer questions concerning the property or assets. The movant, on proper declaration, may request that the judgment debtor or other person be ordered to refrain from alienation or disposition of the property or assets in any way detrimental to the movant’s interest.

(c) Hearing Before Bankruptcy Court . A motion under subsection (b) of this rule may be presented to the court ex parte, and, if granted, the matter calendared for hearing, at which the judgment debtor or other person must appear to be examined. In any case in which the movant seeks a restraint of the judgment debtor, the court must make findings and a report for the district court with a proposed order for restraint which the district court may issue. (d) Failure to Appear.

Should the judgment debtor or other person fail to appear as directed, the court may issue such process as is necessary and appropriate, including arrest, to bring the person before the court. If the conduct of the non- responding person is contemptuous, a proper reference must be made by the court to the district court. (e) Fees and Expenses. The movant must tender a witness fee and mileage or equivalent to any person, with the exception of the judgment debtor, who, under this rule is required to appear in court.

Page 127 of 163 RULE 9004-1 CAPTION - PAPERS, GENERAL (a) General. The caption of papers filed or served after the commencement of a case or proceeding must substantially conform to Official Forms 416A, 416B and 416D, as follows: (1) Caption (Short Title) - Form 416B. (May be used if 11 U.S.C. § 342(c) is not applicable). Submitting Attorney (Utah State Bar No.) Address Telephone No. Facsimile No. (Optional) E-Mail Address (Recommended) Attorney for In re: Debtor(s).

UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH

Bankruptcy No. Chapter Hon. (Judge’s Name) TITLE Page 128 of 163 (2) Caption for Use in Adversary Proceeding - Form 416D. Submitting Attorney (Utah State Bar No.) Address Telephone No. Facsimile No. (Optional) E-Mail Address (Recommended) Attorney for UNITED STATES BANKRUPTCY COURT DISTRICT OF UTAH In re: Debtor(s). Plaintiff(s), v. Defendant(s). Bankruptcy No. Chapter Adversary Proceeding No. Hon. (Judge’s Name) TITLE (b) Title.

The title of each paper must designate its purpose and include a reference to the party filing it. Page 129 of 163 RULE 9005.1-1 CLAIM OF UNCONSTITUTIONALITY If a party files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute pursuant to Fed. R. Bankr. P. 9005.1, the court must, under 28 U.S.C. § 2403, certify to the appropriate attorney general that a statute has been questioned. (1) If a federal statute is questioned, upon receipt of the notice, the clerk, on behalf of the court, must file a certificate in substantially the following form: The United States Bankruptcy Court for the District of Utah hereby certifies to the Attorney General of the United States that the constitutionality of an Act of Congress, title ___, § ___, United States Code (or other description), is drawn in question in the case of ____________ vs. ____________, Case No. ______, Adversary Proceeding No. ______, to which neither the United States, nor any of its agencies, officers, or employees, is a party. Under 28 U.S.C. § 2403(a), the United States is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality.

The clerk must send a copy of the certificate to the United States Attorney for the District of Utah and provide a copy to the judge to whom the case or proceeding is assigned, or to the Chief Judge of the court, if no assignment has been made. (2) If a state statute is questioned, upon receipt of the notice, the clerk on behalf of the court, must file a certificate in substantially the following form: The United States Bankruptcy Court for the District of Utah hereby certifies to the Attorney General of the State of ______, that the constitutionality of an Act of the legislature of the State of ______, title Page 130 of 163 ___, Chapter ___, § ___, (or other description), is drawn in question in the case of ____________ vs. ____________, Case No. ______, Adversary Proceeding No. ______, to which neither the State of ______, nor any of its agencies, officers, or employees, is a party. Under 28 U.S.C. § 2403(b), the State of _____________ is permitted to intervene in the case for the presentation of evidence, if admissible, and for argument on the question of constitutionality. The clerk must send a copy of the certificate to the Attorney General of the state and provide a copy to the judge to whom the case or proceeding is assigned, or to the Chief Judge of the court, if no assignment has been made.

Page 131 of 163 RULE 9006-1 TIME PERIODS (a) Time for Filing Motions and Objections to Claims. A motion and notice of hearing in a case or proceeding filed pursuant to the applicable provisions of the Federal Rules of Bankruptcy Procedure and Local Rule 9013-1, which is not to be heard ex parte, must be filed and served by a date which permits timely completion of the time periods for filing responses and replies set forth in subsections (b) and (c) of this Local Rule, unless a different period is fixed by order of the court, by the Federal Rules of Bankruptcy Procedure, or by these Local Rules. A motion for an order fixing a different period may, for cause shown, be made to the court on an ex parte basis. (b) Time for Filing Responses.

Responses to motions and claim objections must be filed within the following time periods. (1) Responses Governed by Rule 2002. In matters governed by Fed. R. Bankr. P. 2002, responses must be filed and served within the time periods set forth therein and in no case less than 4 days before the date set for the hearing. The movant must schedule a hearing sufficiently in advance to assure that all responses are filed and served not less than 4 days before the date set for hearing.

(2) Objections to Motions for Relief from Stay. Unless otherwise ordered by the court, objections to motions for relief from stay must be filed and served within 14 days after notice of the motion for relief from stay is served. A party filing an objection to a motion for relief from the stay pursuant to Local Rule 4001-1(b) must file and serve the objection by the identified deadline which in no case should be less than 4 days before the date set for the hearing. The movant must schedule a hearing sufficiently in advance to assure that all responses are filed and served not less than 4 days before the date set for hearing.

(3) Responses in Matters. In matters not governed by Fed. R. Bankr. P. 2002, 3007, 4001, or by other Federal Rules of Bankruptcy Procedure that require Page 132 of 163 a different response period, and unless the court orders otherwise, responses must be filed and served within 14 days after notice is served. A party filing an objection or a response must file and serve the objection or response by the identified deadline which in no case should be less than 4 days before the date set for the hearing. The movant must schedule a hearing sufficiently in advance to assure that all responses are filed and served not less than 4 days before the date set for hearing.

(c) Time for Filing Replies. Replies to responses and objections may be filed in the movant’s discretion and must be filed no later than 7 days after the response or objection is served and in no case less than 4 days before the date set for hearing. The movant must schedule a hearing sufficiently in advance to assure that replies are filed and served not less than 4 days before the date set for hearing. (d) Additional Time After Certain Forms of Service.

Whenever a party may or must act within a specified time after being served, and service is made under Fed. R. Civ. P. 5(b)(2)(C) (first-class mail), (D) (leaving with the court clerk if the person has no known address), or (F) (delivery by any other means consented to), 3 days are added after the period would otherwise expire under Fed. R. Bank.

P. 9006(a).

Page 133 of 163 RULE 9010-1 ATTORNEYS - NOTICE OF APPEARANCE (a) Attorney of Record. An attorney, or a party not represented by an attorney for the debtor, for a creditor or for another party, who signs and files a petition, pleading or paper, is deemed to have made an appearance in the matter. If an attorney’s appearance has not been established previously by the filing of papers in the case or proceeding, the attorney must file a notice of appearance promptly upon undertaking the representation of any party or witness. An attorney of record is responsible in all matters respecting the case or proceeding before and after a judgment, until the closing of the case, until the time for appeal from a judgment or order has expired or a judgment or order has become final after appeal, or until there has been an order permitting withdrawal by or substitution of the attorney in the case or proceeding.

(b) Notification of Change in Address or Telephone Number. In all cases and proceedings, attorneys and parties appearing without an attorney must notify the clerk’s office of any change in address or telephone number. (c) Appearance by Attorney. A party who has appeared by an attorney, may not appear or act thereafter in the party’s own behalf in the action or take any steps therein, unless an order of withdrawal or substitution is entered by the court after notice to the party’s attorney and to parties in interest.

However, notwithstanding that a party has appeared or is represented by an attorney, at its discretion, the court may hear a party in open court. An attorney who has appeared of record for any party must: (1) represent the party in the action; (2) be recognized by the court and by all parties to the action as having control of the client’s case; and (3) sign all papers that are to be signed on behalf of the client. Page 134 of 163 RULE 9011-1 PAPERS SIGNED BY AN ATTORNEY The Court may, sua sponte or upon the motion of a party in interest, strike any paper required to be signed by an attorney that is not signed by an attorney admitted to practice before this court under Local Rule 2090-1. Page 135 of 163 RULE 9011-2 PARTIES APPEARING WITHOUT AN ATTORNEY (a) Attorney Appearance Required.

A corporation, partnership, limited liability company, trust, unincorporated association, or other party which is not an individual may not file a petition or otherwise appear without an attorney in any case or proceeding. (b) Conduct of an Unrepresented Party. A party proceeding without an attorney (unrepresented party or pro se party) is obligated to comply with: (1) Title 11 of the United States Code (the Bankruptcy Code); (2) the Federal Rules of Bankruptcy Procedure; (3) these Local Rules of Practice; (4) the Utah Standards of Professionalism and Civility; and (5) other laws and rules relevant to the action. (c) Failure to Comply.

On its own initiative, or upon the motion of a party, the Court may dismiss a case or proceeding, convert a case, appoint a trustee or examiner, grant judgment by default, strike any pleading, or issue other appropriate sanctions for failure to comply with this Rule. Page 136 of 163 RULE 9011-3 FILER’S REPRESENATION REGARDING SIGNATURES PRESENTED TO THE COURT In addition to each of the representations contained in Fed. R. Bankr. P. 9011(b), an attorney or other person that files on the Court’s docket or presents to the Court a document containing a signature (whether it is a holographic signature or a validated digital signature permitted by Local Rule 5005-2(f)(3)(A is certifying, to the best of the person’s knowledge, information, and belief formed after an inquiry reasonable under the circumstances, that the signature is authentic and that the document was and is, in fact, subscribed by the persons whose signature appears thereon. Page 137 of 163 RULE 9013-1 MOTION PRACTICE - MATTERS SET FOR A HEARING (a) Scope of Rule. The term “motion” means any request for an order or judgment by the court, including those made in applications and objections to claims or other matters, filed in a bankruptcy case or adversary proceeding.

For purposes of this rule, the term “motion” does not refer to a summons, complaint, appeal, motion for summary judgment governed by Local Rule 7056-1, or an ex parte motion. (b) Applicability. This rule applies when the movant believes the motion will be opposed. (c) Motions.

The movant must file the motion in compliance with Local Rule 5005-2 within any applicable time limitation, including the time limitations of these rules, unless the court orders otherwise. (1) No Separate Supporting Memorandum for a Written Motion. The motion and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule. The document must include the following: (A) an initial separate section stating succinctly the precise relief sought and the specific grounds for the motion; and (B) one or more additional sections including a recitation of relevant facts, supporting authority, and argument, and a concise statement of each basis supporting the motion with citations to applicable and controlling legal authority.

(2) The moving party shall serve the motion on those entities specified in Fed. R. Bankr. P. 9013(b). (3) Failure to Comply with Requirements for Motions. Failure to comply with the requirements of subsection (c)(1) may result in sanctions, including: (A) returning the motion to counsel for resubmission in accordance Page 138 of 163 with this rule; (B) denial of the motion; or (C) any other sanction deemed appropriate by the court. (d) Notice of Motion and Hearing.

The movant shall obtain and set an appropriate hearing date with the court scheduling clerk. A Notice of Motion and Notice of Hearing shall be filed in original form only together with a certificate of service evidencing compliance with the applicable service requirements. A Notice of Motion and Notice of Hearing shall: (1) be in substantial conformity with Local Bankruptcy Form 9013-1, Notice of Motion and Notice of Hearing, with alterations as may be appropriate to comply with these Local Rules; (2) contain a specific statement of the relief requested or action intended in sufficient detail to meaningfully inform the parties of the intended action or relief requested or, if the motion is served with the notice, refer to the motion to describe the relief requested; (3) set the last date on which an interested party may file a response or objection to the motion. The identified date must be based on the time period fixed by the Federal Rules of Bankruptcy Procedure or by Local Rule 9006-1(b), as appropriate; (4) include a statement that the hearing may be stricken and relief requested may be granted without a hearing unless a response or objection is timely filed; (5) include a statement that the responding party must attend the hearing and that failure to attend the hearing will be deemed a waiver or the response or objection; and (6) be served by the movant on the case trustee, debtor, debtor-in- Page 139 of 163 possession, those entities specified in these rules or the Federal Rules of Bankruptcy Procedure, and other parties the court may direct.

(e) Responses to Motions and Reply Memoranda. A party responding to a motion must file its response in compliance with Local Rule 5005-2 by the date identified in the notice. (1) No Separate Supporting Memorandum for a Response. The response and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule.

The document must include one or more sections including a recitation of relevant facts, a concise statement of each basis opposing the motion with citations to applicable and controlling legal authority, and an argument. (2) Reply Memorandum. A reply memorandum is limited to rebuttal of matters raised in the response. (3) Limitation on Memoranda Considered.

Unless otherwise ordered, the court will consider only motions, responses filed by parties in interest, and reply memoranda filed by the movant(s). (4) A Motion May Not Be Made in a Response or Reply Memorandum. No motion may be included in a response or reply memorandum. Such a motion must be made in a separate document.

(f) Granting Relief Without a Hearing. If there has been no opposition to the motion filed or served on the movant, the court may, but is not required to, strike the hearing and grant the relief requested in a motion without a hearing. (g) Time for Striking Hearings. A request to strike a hearing should be made at least two business days prior to the hearing.

(h) Length of Motion and Response. Absent leave of court, (i) a motion or a response to a motion must not exceed 15 pages, exclusive of face sheet, table of contents, Page 140 of 163 statements of issues and facts, and exhibit; and (ii) a reply to a response must not exceed 10 pages. The procedure for filing an overlength memorandum is set forth in subsection (k) of this rule. (i) Overlength Memoranda.

An order of the court must be obtained to file a memorandum that exceeds the page limitations set forth in subsection (h) of this rule. Such a motion may be made to the court ex parte, and must include a statement of why additional pages are needed and the number of pages. The court will approve the request only for good cause shown. Authorized, overlength memoranda must contain the following: (1) a table of contents, with page references, setting forth the titles or headings of each section and subsection; (2) (3) a statement of the issues related to the precise relief sought; a concise statement of facts, with appropriate references to the record, relevant to the issues concerning the precise relief sought; (4) argument, proceeded by a summary, containing the contentions of the party with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on; and (5) a short conclusion stating the precise relief sought.

(j) Citation of Unpublished Decisions. Unpublished opinions may be cited in a memorandum as authority, but only if they are readily accessible through a recognized publisher of legal opinions such as Westlaw or Lexis. If a case is not reported in the West Bankruptcy Reporter, reference to the opinion should include the applicable reporting- service citation so the opinion can be quickly accessed by the court and other parties. Opinions that cannot otherwise be cited should be attached as an exhibit to the memorandum.

(k) Citations of Supplemental Authority. When pertinent and significant Page 141 of 163 authorities come to the attention of a party after a memorandum has been filed, or after oral argument but before the court renders a decision, a party may advise the court by letter, with a copy to all parties, setting forth the citations. The letter must, without argument, state the reason for the supplemental citations and include a reference either to the page of the memorandum or to a point argued orally to which the citations pertain. Any response must be promptly made and similarly limited.

(l) Certificate of Service. Unless otherwise ordered by the court, a certificate of service in substantial conformity with Local Form 9013-3, must accompany every document filed with the court. The certificate of service may be attached to the pleading or filed separately no later than 5 business days after filing the pleading. (m) Motion to Shorten Time for Expedited Hearing.

A person seeking relief from the Court may file a Motion to Shorten Time for Expedited Hearing, which may be granted ex parte upon a showing of cause. The movant must telephone the court scheduling clerk to obtain a date and time to schedule a hearing on the underlying motion. The notice period may not be less than ten days from the date of the request without permission of the court for a shorter period. Once a date has been set by the scheduling clerk, the movant must file with the court the following documents in the following order: (1) The underlying motion for which the movant is seeking an expedited hearing; (2) A Motion to Shorten Time for Expedited Hearing that states cause as to why the underlying motion should be heard on an expedited basis, and states the proposed time frame for presentment of the motion, the hearing date and time, the objection deadline, and the date of service; and, (3) A proposed order on the Motion to Shorten Time for Expedited Hearing that includes the hearing date and time, the objection deadline, and the date of service; and, Page 142 of 163 (4) A Notice of Hearing (Local Form 9013-1) with an objection deadline that expires not less than one business day before the scheduled hearing.

If the Motion to Shorten Time for Expedited Hearing is denied, the movant must serve notice of the underlying motion in accordance with Local Rule 9013- 1(d). (n) Certification Required for Expedited Hearings Set on Less Than 48 Hours’ Notice. Persons filing a Motion to Shorten Time for Expedited Hearing requesting that a hearing on an underlying motion be set on less than 48 hours’ notice must serve parties in interest with a Notice of Hearing in the most expeditious manner available, such as service by email, overnight delivery service or hand-delivery. The Motion to Shorten Time for Expedited Hearing must identify the persons to be served with a Notice of Hearing, the method of service on those identified, and a certification by movant’s counsel that the method of service is the most expeditious manner available to the movant.

Page 143 of 163 RULE 9013-2 MOTION PRACTICE - MATTERS SET WITH AN OPPORTUNITY FOR A HEARING (a) Scope of Rule. This rule applies to motions in bankruptcy cases. The term “motion” means application, request, objection to claim, or other proceeding in the nature of a motion in which a party in interest seeks an order from or determination by the court. Motions for summary judgment are not governed by this rule, but are governed by Local Rule 7056-1.

For purposes of this rule, the term “motion” does not refer to a summons, complaint, appeal, motion for summary judgment, or an ex parte motion. (b) Applicability. Except as set forth herein, whenever the Bankruptcy Code or the Federal Rules of Bankruptcy Procedure provide that an order may be entered or an action may be taken after “notice and a hearing,” or a similar phrase, if the movant believes there will be no objections to the motion, the following procedure should be used. This rule does not apply: (1) whenever the court directs otherwise; (2) to any pleadings, motions, or notices in adversary proceedings under Part VII of the Federal Rules of Bankruptcy Procedure; (3) (4) 12; to hearings set under 11 U.S.C. § 1125; to hearings on confirmation of a plan pursuant to chapter 9, 11 or (5) applications for compensation that exceed $10,000.00; (6) as otherwise provided by these Local Rules or the Federal Rules of Bankruptcy Procedure.

(c) Motions. The movant must file the motion in compliance with Local Rule 5005-2 within any applicable time limitation, including the time limitations of these rules, unless the court orders otherwise. Page 144 of 163 (1) No Separate Supporting Memorandum for a Written Motion. The motion and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule.

The document must include the following: (A) an initial separate section stating succinctly the precise relief sought and the specific grounds for the motion; and (B) one or more additional sections including a recitation of relevant facts, supporting authority, and argument, and a concise statement of each basis supporting the motion with citations to applicable and controlling legal authority. (2) The moving party shall serve the motion on those entities specified in Fed. R. Bankr. P. 9013. (3) Failure to Comply with Requirements for Motions. Failure to comply with the requirements of subsection (c)(1) may result in sanctions, including (a) returning the motion to counsel for resubmission in accordance with this rule, (b) denial of the motion, or (c) any other sanction deemed appropriate by the court.

(d) Notice of Motion and Notice of Opportunity for Hearing. The movant may reserve a time for, but not set, a hearing on the court’s calendar. A Notice of Motion and Notice of Opportunity for Hearing shall be filed in original form only together with a certificate of service evidencing compliance with the applicable service requirements. A Notice of Motion and Notice of Opportunity for Hearing shall: (1) be in substantial conformity Local Form 9013-2 Notice of Motion and Opportunity for Hearing; (2) contain a specific statement of the relief requested or action intended in sufficient detail to meaningfully inform the parties of the relief Page 145 of 163 requested or intended action or, if the motion is served with the notice, refer to the motion to describe the relief requested; (3) set the last date on which an interested party may file an objection to the motion.

The identified date must be based on the time period fixed by the Federal Rules of Bankruptcy Procedure or by Local Rule 9006-1(b), as appropriate; (4) include a statement that the relief requested may be granted without a hearing unless an objection is timely filed; (5) include a statement that the objecting party must attend the hearing and that failure to attend the hearing will be deemed a waiver or the objection; (6) be served by the movant on the case trustee, debtor, debtor-in- possession, those entities specified in these rules or Federal Rules of Bankruptcy Procedure, and other parties as the court may direct; (e) Objection. Any party opposing the motion must file an Objection before the deadline stated in the Notice of Motion and Notice of Opportunity for Hearing. The Objection shall be filed with the court in original form only, and a copy thereof shall be served upon counsel for the movant on or before the date set forth in the notice. Service may be by mail and shall be complete upon mailing.

Objections for hearing shall clearly specify the grounds upon which they are based. General objections will not be considered. Failure of a party to timely file written opposition will be deemed a waiver of any opposition to granting of the motion. (f) Court Action on Motions.

(1) Contested Matters. Motions for which an opposition has been filed shall be set for hearing on the date and the time and place set forth in the Notice of Motion and Notice of Opportunity for Hearing. No further notice of the date, time, and place of hearing is required to be given. (2) Non-Contested Matters.

The court may, but is not required to grant Page 146 of 163 the relief requested in a motion without a hearing if there has been no opposition to the motion filed or served on the movant. (3) Defective of Deficient Motions. The court may deny, sua sponte, any defective or deficient motion, or a motion, the notice of which is subject to the provisions of this rule and which notice does not comply with this rule. Any such denial shall be without prejudice.

(4) Court Set Hearing. The court may set for hearing, sua sponte, any motion. (5) Non-Prosecuted Motions. (A) If more than 28 days have passed since the expiration of the objection deadline of a motion, as specified in Local Rule 9013-2(d)(3), and if no action has been taken on the motion, the Court may require the motion to be re-noticed before the movant may take any further action on the motion.

(B) At the time the bankruptcy case is closed pursuant to 11 U.S.C. §§ 350, 707, 930, 1112, 1208 or 1307, all pending motions which have not been presented to the Court for disposition shall be deemed abandoned for want of prosecution. Any such denial shall be without prejudice. (g) Applicable provisions of Local Rule 9013-1. Paragraphs (h) through (l) of Local Rule 9013-1 are also applicable to this rule.

Page 147 of 163 RULE 9014-1 DISCOVERY IN CONTESTED MATTERS At the request of any party in interest, or on the court’s own motion, the court may order that Fed. R. Bankr. P. 7026 applies to a contested matter. Page 148 of 163 RULE 9015-1 JURY TRIAL (a) Demand. Where a jury trial is demanded in or by endorsement upon a pleading as permitted by the Federal Rules of Civil Procedure, the words “JURY DEMANDED” should be typed in capital letters on the first page immediately below the title of the pleading. (b) Applicable Rules.

Fed. R. Civ. P. 38-39, 47-51 and 81(c), insofar as they pertain to jury trials, and DUCivR 83-7.5 apply in cases and proceedings, except that a jury demand made under Fed. R. Civ. P. 38(b) must be filed in accordance with Fed. R. Bankr. P. 5005. (c) Consent to Have Trial Conducted by Bankruptcy Judge. If the right to a jury trial applies, a timely demand has been filed under Fed. R. Civ. P. 38(b), and the bankruptcy judge has been specially designated to conduct the jury trial, the parties may consent to have a jury trial conducted by a bankruptcy judge under 28 U.S.C. § 157(e) by jointly or separately filing a statement of consent no later than: (1) the time for filing the Report of Parties’ Planning Meeting under Fed. R. Bankr. P. 7026 and Local Rule 7016- 1(b); or (2) if a motion for withdrawal of reference is filed after the demand, within 7 days after service of the motion for withdrawal of reference. Failure to file a consent constitutes an objection by opposing party to a jury trial in the bankruptcy court.

Page 149 of 163 RULE 9019-1 SETTLEMENTS (a) General. This rule applies to all settlements including settlements between parties who are not case trustees. The parties should file a written notice of settlement not less than 3 business days before a related hearing. Unless good cause is shown, if the parties settle a matter less than 3 business days before a related hearing, the court may assess costs equally to the parties including, court costs, reporter costs, and the judge’s travel costs and per diem, if any.

The clerk must bill the parties for the assessed costs and monitor the collection of the costs for the court. (b) Settlement of A Proceeding with An Evidentiary Hearing or Trial Date. In a contested matter or adversary proceeding for which an evidentiary hearing or trial date has been scheduled, the parties must immediately notify the court of any settlement agreement that resolves all or part of the proceeding. Parties who fail to give adequate notice of the cancellation of an evidentiary hearing or a trial date may be assessed costs.

Whenever an action scheduled for jury trial is settled or otherwise disposed of by agreement in advance of the trial date, jury costs paid or incurred may be assessed against the parties and their attorneys as directed by the court. Jury costs may include attendance fees, per diem, mileage, and parking. Jury costs will not be assessed if notice of settlement or disposition of the case is given to the courtroom deputy at least one full business day prior to the scheduled trial date. (c) Settlement of § 727 Adversary Proceeding.

If a plaintiff seeks to settle an adversary proceeding that includes a claim for relief under one or more of the provisions of § 727(a), the motion to approve the settlement must be served on all parties in interest. If the proposed settlement includes dismissal of the complaint objecting to a debtor’s discharge under § 727, the motion to approve the settlement must follow the requirements set forth in Local Rule 7041-1(a). Even in the absence of objections, the Page 150 of 163 Court may require a hearing on the motion to determine that it is in the best interest of all creditors and otherwise complies with applicable law. Page 151 of 163 RULE 9019-2 MEDIATION AND SETTLEMENT CONFERENCE The court may refer an adversary proceeding or contested matter to mediation or a judicial settlement conference.

Parties may request a referral to mediation or a judicial settlement conference at the preliminary hearing, initial pretrial conference, or by motion. An adversary proceeding or contested matter referred to mediation or a judicial settlement conference will remain under the jurisdiction of the referring court for all purposes, including the entry of any order granting a motion to approve a stipulation or settlement agreement resolving the adversary proceeding or contested matter, dismissing the adversary proceeding or contested matter, or withdrawing the referral to mediation or a judicial settlement conference. DUCivR 16-2 applies to judicial settlement conferences in bankruptcy matters but references in that rule to the judge should be read as references to the bankruptcy judge. Page 152 of 163 RULE 9021-1 PREPARATION AND SUBMISSION OF ORDERS AND JUDGMENTS (a) Separate Document Requirement.

Proposed orders and judgments must be filed with the court as separate documents and ECF events. Unless otherwise required by these rules or the court, an order or judgment should not be attached to or included in motions or other papers filed with the court. (b) Attachments. Proposed orders or judgments with attachments should be filed as a single combined document.

Each attachment must be affixed to the order or judgment after the Designation of Service with an exhibit cover sheet and the exhibit must be identified in the order or judgment (c) Designation of Parties to Receive Notice of Order or Judgment. A Designation of Parties to Receive Notice of Court Order that substantially conforms to Local Form 9021-1 and gives notice as set forth in Fed. R. Bankr. P. 9022(a)(1) must be attached to every order and judgment filed with the court. (d) Form of Orders. Unless directed by the court, orders should not contain specific findings and conclusions but should simply state that the court’s findings or conclusions were made on the record.

Orders should contain a detailed statement of the specific relief being granted by the order. Bald statements such as “the motion is granted,” without subsequent detail, should not be used. (e) Orders Approving an Agreement. An order approving an agreement, including a settlement agreement, compromise, purchase contract or any other agreement, should attach a copy of the same as an exhibit to the order as required under subsection (b) of this rule.

In the alternative, the agreement should be filed with the court and the order should reference the agreement by docket number. (f) Margins. Proposed orders and judgment should comply with Local Rule 5005-3 (Filing Papers - Size and Form of Papers), but must instead have a top margin of 2.5 inches to accommodate the court’s electronic signature stamp. Failure to comply with Page 153 of 163 this requirement will likely result in the proposed order or judgment being unsigned by the court.

(g) Review and Approval Procedures. (1) Preparation, Service, and Approval. Unless otherwise provided herein or directed by the court, each proposed order and judgment should be prepared and filed by the attorney for the prevailing party. Objections to the proposed order or judgment must be filed within 7 days from the date the proposed order or judgment is filed.

(2) Uncontested Matters and Orders Submitted in Open Court. Unless otherwise directed by the court, the requirements set forth in subsection (1) do not apply to (A) any proposed order or judgment on a matter that is uncontested; or (B) any proposed order or judgment submitted in open court at the time of the hearing on the matter to which the proposed order or judgment applies. (h) Entry of Orders and Judgments. An ECF Filer submitting a document electronically that requires a judge’s signature must promptly deliver the document in such form as the court requires.

All orders, decrees, judgments, and proceedings of the court, including orders submitted in open court, will be filed in accordance with these Local Rules, which will constitute entry on the docket kept by the clerk under Fed. R. Bankr. P. 5003 and 9021. All signed orders and judgments will be filed electronically by the court or court personnel. Any order or judgment that has been electronically signed by a judge has the same force and effect as if the judge had affixed the judge’s signature to a paper copy of the order or judgment and it had been entered on the docket in a conventional manner. Page 154 of 163 (i) Judgment Based Upon a Written Instrument.

Unless otherwise ordered by the court, a judgment based upon a written instrument must be accompanied by the original instrument or a certified copy which must be filed as an exhibit in the case or proceeding at the time judgment is entered. The inst