Rule 9013-1.     Motion Practice

          (a)     Time and Manner. Unless otherwise ordered by the court, notice of any motion to be heard by the court shall be provided in the time and manner prescribed by the Federal Rules of Bankruptcy Procedure and these Local Bankruptcy Rules.

          (b)     Service. Unless otherwise specified in the Federal Rules of Bankruptcy Procedure (particularly FRBP 2002, 3007 and 4007), these Local Bankruptcy Rules or as ordered by the court, all motions shall be served at least 15 days before the return date of the hearing. The moving party shall file the original motion papers with the clerk's office ten days prior to the return date of the motion and a certificate of service no later than seven days prior to the return date of the motion. Failure to file the original motion papers and proof of service may result in the motion not appearing on the court's calendar.

          (c)     Answering Papers.

                    (1)     Unless otherwise ordered by the court for cause shown, answering papers in opposition shall be filed and served for every written motion other than one which may be considered ex parte or on shortened notice as ordered by the court. Answering papers and any opposing memoranda shall be served and filed so as to be received no later than three business days before the return date of the motion.

                    (2)     In the event the court hears oral opposition without papers and adjourns the hearing, answering papers substantiating the oral opposition shall be filed and served within three business days of the original hearing date.

          (d)     Reduction of Time. A request for an order reducing any specified notice period shall be made by application to the appropriate judge for an expedited hearing on the motion pursuant to FRBP 9006(c). Such application shall contain a clear and specific showing by affidavit of good and sufficient reasons for reduction of the notice period.

          (e)     Rule or Statutory Basis. A request for an order, whether brought on by motion or application, shall specify the rule or statute upon which the motion or application is predicated, and the authority for the entry of the proposed order. Failure to provide the basis for relief sought is cause for the court to deny the relief requested.

          (f)     Adjournment. Unless otherwise ordered by the court, any party who intends to seek an adjournment of a motion or any proceeding relating thereto shall make the request to the court, after attempting to obtain consent of opposing counsel, stating the reasons why adjournment is requested and whether any previous requests for adjournment have been made. Any such request must be made no later than three days prior to the return date, except for good cause shown.

          The party obtaining the adjournment shall confirm such adjournment in writing, file the written confirmation with the court and send copies to all parties who have filed and served responding papers. Adjournments will not be automatically granted on stipulation of counsel but may be granted by the court on a showing of good cause.

          (g)     Withdrawal. Any movant who does not intend to pursue a motion shall notify the court and all parties who have filed and served responding papers at the earliest possible date.

          (h)     Consent to Relief. Any movant who has obtained consent to the relief requested of all necessary parties shall notify the court at the earliest possible date. Where the parties have agreed to a stipulation, a separate proposed order must be submitted for approval by the court.

          (i)     Where a motion is made for the relief set forth in subsection (a)(1), (2), (3), (5) or (8) of Local Bankruptcy Rule 2002-1 and the object of the motion and its purposes are clearly and unambiguously stated in the notice of motion, accompanying affidavits, applications or exhibits need not be served on all parties or creditors as long as the notice of motion provides that any party is entitled to receive said applications, exhibits or affidavits without charge from the movant upon request. Complete copies of all motions and accompanying applications, affidavits or exhibits shall be served upon the court, the United States trustee's office, any official committees, opposing counsel and any party which may directly be adversely affected by the granting of the requested relief.
 
 


Comment

          Pursuant to FRBP 9006(a), the day of service or mailing is excluded when computing the notice period. The 15 day service requirement provided by subsection (b) of this rule does not apply to motions for cram-down as governed by Local Bankruptcy Rule 3020-1(c).