LCvR7 – Pleadings Allowed; Form of Motions and Other Papers

LCvR7-1 Motion Practice.

(a)

Filing. No attached pleadings, motions, or other papers shall be removed for filing from an original motion. Nor shall pleadings, motions, or other papers be held by the Clerk of Court for filing, awaiting leave to do so.

(b)

Briefs. Except for motions described in LCvR7-1(c), briefs must be filed in support of motions. A motion and the brief in support may be filed as one document if clearly stated in the title of the pleading. Each brief shall be clearly styled to show whether it is opening, response, reply, or supplemental; the particular motion or proceeding to which it relates; and the party or parties on whose behalf it is presented. If there are multiple parties or if there are cross-claimants or intervenors, references to them shall include the name (which may be abbreviated) of the particular party to whom reference is made. It is not acceptable to file any combination of motion, response, reply or supplemental brief.

(c)

Motions Not Requiring Briefs. No brief is required by either movant or respondent unless otherwise directed by the Court, with respect to the following motions: (1) to accelerate, extend, or reset any deadline; (2) to amend or supplement any previous filing; (3) to withdraw as counsel; (4) to appoint next friend or guardian ad litem; (5) to substitute parties; (6) to compel discovery responses when no response has been made; (7) to appear pro hac vice; and (8) to file an oversized brief. Said motions not requiring briefs shall state whether opposing counsel agrees or objects to the request. A separate proposed order shall be submitted in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website.

(d)

Length and Format of Briefs. Absent leave of Court, opening and response briefs shall be limited to twenty-five pages, and reply and supplemental briefs shall be limited to ten pages. Motions for leave to file a brief exceeding these page limits shall state the requested number of pages and shall be filed no later than one day before the date the brief is due. Briefs exceeding fifteen pages shall be accompanied by an indexed table of contents showing headings or sub-headings and an indexed table of statutes, rules, ordinances, cases, and other authorities cited. Any authority not readily available, including statutes foreign to the jurisdiction and ordinances which are relied upon by a party, shall be cited and quoted in or attached to the brief of the party. LCvR7-1(d) does not apply to briefs filed in social security actions under 42 U.S.C. § 405(g) or in habeas actions under 28 U.S.C. §§ 2241 and 2254.

(e)

Response Briefs. Each party opposing a motion, other than a discovery motion governed by LCvR37-2(e), shall file and serve upon all other parties a response within twenty-one days from the date the motion was filed. At the discretion of the Court, any non-dispositive motion which is not opposed within twenty-one days may be deemed confessed. Responses to discovery motions are subject to the expedited briefing requirements of LCvR37-2(e).

(f)

Reply and Supplemental Briefs. Reply briefs regarding new matters in the response brief may be filed within fourteen days from the due date of the response. After the filing of the reply or the expiration of fourteen days, the motion will be deemed ripe for ruling. By order, the Court may increase or reduce this time. Supplemental briefs are not encouraged and may be filed only upon motion and leave of Court. Reply briefs regarding discovery motions are subject to the expedited briefing requirements of LCvR37-2(e).

(g)

Requests for Extensions of Time. All motions for extension of time shall state: (1) the date the act is due to occur without the requested extension; (2) whether previous motions to extend the deadline at issue have been made and, if so, the disposition of the previous motions; (3) specific reasons for the requested extension, including an explanation as to why the act may not be completed within the originally allotted time; (4) whether the opposing counsel or party agrees or objects to the requested extension; and (5) the impact, if any, on the scheduled trial or other deadlines. A proposed order, identifying the requested new deadlines, shall be submitted in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website.

(h)

Motions to Amend or Add Parties. In a motion to amend or a motion to add parties, the movant shall state: (1) the deadline date established by the scheduling order, if any, and (2) whether any other party objects to the motion. A proposed order setting forth the title and docket number of the pleading to be amended and a summary of the proposed changes and/or the names of the parties being added, shall be submitted in compliance with the Procedure for Submitting Proposed Documents to the Court, available on the Court’s website.

(i)

Motions Not to be Filed Within Fourteen Days of the Date a Case Is Set for Trial. Motions filed within fourteen days of the date a case is set for trial will be stricken unless the motion is based upon a sudden emergency regarding facts that could not have been previously known.