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Home < Rules < Local-rules < US District Court Local Rules
7.1 Motions
- Form.
- Title and Content. All motions must contain the word "motion" in the title. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Separate motions must be filed. Objections to pending motions and affirmative motions for relief shall not be combined in one filing.
- Memorandum and Supporting Documents. Every motion and objection shall be accompanied by a memorandum with citations to supporting authorities or a statement explaining why a memorandum is unnecessary. Every motion and objection which require consideration of facts not in the record shall be accompanied by affidavits or other documents showing those facts.
- Length of Memorandum. Except by prior leave of the court, no memorandum in support of, or in opposition to, a nondispositive motion shall exceed fifteen (15) pages and no memorandum in support of, or in opposition to, a dispositive motion shall exceed twenty-five (25) pages.
- Time for Response. Except as otherwise required by law or order of the court, every objection, except objections to summary judgment motions, shall be filed within ten (10) days from the date the motion is served. Objections to summary judgment motions shall be filed within thirty (30) days from the date the motion is served. The court shall deem waived any objection not filed in accordance with this rule.
- Concurrence. Any party filing a motion other than a dispositive motion shall certify to the court that a good faith attempt has been made to obtain concurrence in the relief sought. If the moving party has obtained concurrence, a statement of concurrence shall be included in the body of the motion so the court may consider it without delay. If concurrence has been obtained, the motion shall also contain the words "assented-to" in its title. The requirements of this subsection shall not apply to motions involving an incarcerated pro se litigant.
- Oral Argument. Except as otherwise provided, the court shall decide motions without oral argument.
The court may allow oral argument after consideration of a written statement by a party outlining the reasons why oral argument may provide assistance to the court. Unless otherwise ordered, each side's argument shall be limited to fifteen (15) minutes.
- Reply or Surreply Memorandum.
- Dispositive Motions. Within ten (10) days of the service of an objection or opposition to a dispositive motion, the party filing the dispositive motion may file a reply memorandum not to exceed ten (10) pages restricted to rebuttal of factual and legal arguments raised in the objection or opposition memorandum. Written or oral notice of an intention to file a reply memorandum shall be provided to the court and opposing counsel within three (3) days of the service of the objection or opposition to the dispositive motion. Absent notice, the dispositive motion shall be deemed ripe when the objection or opposition to the dispositive motion is filed.
- Nondispositive Motions. A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court. Any motion for leave to file a such a reply shall be filed within ten (10) days of the service of the objection or opposition to which the reply would respond and shall attach the proposed reply, which will be limited to five (5) pages, as an exhibit. Written or oral notice of an intention to move for leave to file a reply memorandum shall be provided to the court and opposing counsel within three (3) days of the service of the objection or opposition to the nondispositve motion. Absent notice, the nondispositive motion shall be deemed ripe when the objection or opposition to the nondispositive motion is filed.
- Surreply Memorandum. A surreply memorandum shall not be permitted without prior leave of court. Any motion for leave to file a surreply shall be filed within ten (10) days of the service of the reply memorandum to which the surreply would respond and shall attach the proposed surreply, which will be limited to five (5) pages, as an exhibit. Written or oral notice of an intention to move for leave to file a surreply memorandum shall be provided to the court and opposing counsel within three (3) days of the service of the reply to the objection. Absent notice, the motion shall be deemed ripe when the reply is filed. Motions for leave to file a surreply will only be granted under extraordinary circumstances.
(§ (c) amended 1/1/97; § (a)(4) amended 1/1/00; (a)(4), Reply Memorandum, stricken and § (e) added 1/1/01; § (e)(1) amended 1/1/02; §§ (b) and (e)(1)-(3) amended 1/1/03; §§ (a)(1) and (e)(2)-(3) amended 1/1/06; §§ (e)(2)-(3) amended 1/1/08)
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