Pleadings and Motions

Return to Top (a) Address and Telephone Number. All pleadings and motions must include the attorney’s office address, telephone number, e-mail address, and the attorney’s bar identification number. All pleadings and motions filed by a non-prisoner litigant 24 proceeding pro se must contain an address where notice can be served on such person and a telephone number where such person can be reached or a message left. All pleadings and motions filed by a prisoner proceeding pro se must contain an address where notice can be served on such person.

(b) Determination of Motions. A party may request a hearing on a motion or advise that all parties agree that no hearing is requested. All hearings are to be at a date and time obtained from and scheduled by the Court. In accordance with Federal Rule of Civil Procedure 78(b), the Court may determine a motion without an oral hearing.

(c) Briefs Required. (1) All motions, unless otherwise directed by the Court and except as noted hereinbelow, must be accompanied by a written brief setting forth a concise statement of the facts and supporting reasons, along with a citation of the authorities upon which the movant relies. Unless otherwise directed by the Court, the opposing party must file a responsive brief and such supporting documents as are appropriate within 14 days after service, and the moving party may file a rebuttal brief within 7 days after the service of the opposing party’s reply brief. No further briefs (including letter briefs) are to be submitted without first obtaining leave of court.

(2) Briefs need not accompany motions: (a) for a more definite statement; (b) for an extension of time to respond to or file pleadings, unless the time has already expired; (c) for a default judgment; (d) for continuances; and (e) to 25 amend pleadings or add or substitute parties. These motions, while not requiring a brief, must state good cause justifying the relief requested. In addition, a separate brief is not required where a motion itself contains the legal and factual argument necessary to support the motion. (3) Procedural motions, including motions for enlargement of time, whether or not opposed, may be acted upon at any time by the Court, without awaiting a response, and any party adversely affected by such action may request reconsideration, vacation, or modification of such action.