BANKRUPTCY RULE 7007-1

MOTIONS IN ADVERSARY CASES

 

(A)    Dispositive Motions

(1)           DEADLINES AND PAGE LIMITATIONS

A dispositive motion is one in which the moving party seeks dispositive relief, whether partial or complete, under Fed. R. Civ. P. 12 or 56. Upon serving and filing a dispositive motion, the moving party shall contemporaneously serve and file a memorandum in support of the motion not to exceed 40 pages, of which no more than 25 pages may be argument. The adverse party has 21 days after service of the memorandum in support of the motion to serve and file a response subject to the same page limitations. The moving party has 14 days to serve and file a reply not to exceed 10 pages.

DISPOSITIVE MOTION DEADLINES & PAGE LIMITS
 

DAYS

PAGES

Memorandum in Support of Motion  

40

Response

21

40

Reply

14

10

(2)           MEMORANDUM IN SUPPORT OF A MOTION FOR SUMMARY JUDGMENT

A memorandum in support of a motion for summary judgment shall contain, separate from the argument portion of the memorandum, a recitation of the material facts that the moving party claims are uncontested consistent with Fed. R. Civ. P. 56. The statement of facts may be in narrative form or in separately-numbered paragraphs.

(3)           RESPONSE TO A MOTION FOR SUMMARY JUDGMENT

A response to a motion for summary judgment shall also state the facts upon which the party opposing summary judgment relies and shall clearly identify those facts that the opposing party claims are contested and that require a trial. The recitation of facts in the response to a motion for summary judgment may be in narrative form or in separately-numbered paragraphs. Factual statements shall be supported by reference to specific pages, paragraphs or parts of the pleadings, depositions, answers to interrogatories, exhibits and affidavits that have been served and filed with the court and that conform to the requirements of Fed. R. Civ. P. 56. The party opposing summary judgment shall clearly explain in the argument portion of the response why the facts claimed to be contested are material to the issues to be resolved. All material facts in the movant’s memorandum will be deemed admitted unless controverted in the response by the opposing party.

(B)    Non-Dispositive Motions

A non-dispositive motion is any motion filed in an adversary proceeding other than the dispositive motions described in D.N.D. Bankr. L.R. 7007-1(A) or listed on the Notice and Service Requirements list. Upon serving and filing a non-dispositive motion, the moving party shall contemporaneously serve and file a memorandum in support of the motion not to exceed 20 pages. The adverse party has 14 days after service of a memorandum in support of the motion to serve and file a response not to exceed 20 pages. The moving party has 7 days to serve and file a reply not to exceed 7 pages.

NON-DISPOSITIVE MOTION DEADLINES & PAGE LIMITS
 

DAYS

PAGES

Memorandum in Support of Motion  

20

Response

14

20

Reply

  7

  7

(C)    Notice of Motions

A notice of motion shall be filed with all motions. The notice shall include the number of days an interested party has to respond.

(D)    Requests for Additional Filings or to Exceed Page Limitations

 

Parties shall serve and file a motion seeking leave of court to submit any additional filings or filings that exceed the page limitations. Leave of court will be granted only upon a showing of good cause. A memorandum in support of a motion for leave of court to submit an additional filing or to submit a filing that exceeds the page limitation is not required but, if filed, shall not exceed 2 pages in length.

(E)     Motions for Oral Argument

The court may order oral argument on its own or upon motion of either party. A memorandum in support of the motion for oral argument is not required but, if filed, shall not exceed 2 pages in length.

(F)     Failure to File a Response

An adverse party's failure to serve and file a response to a motion may be deemed an admission that the motion is well taken.

(G)    Stipulations and Settlement Agreements

All stipulations and settlement agreements shall be reduced to writing and signed by the parties. All settlement agreements resolving adversary proceedings shall be accompanied by a motion or made part of the record in open court. No settlement agreement shall be effective unless approved by the court. Motions shall be accompanied by a proposed order.

In cases in which the trustee is not a party, the moving party shall serve a 21-day notice of the motion to approve a settlement agreement on all parties appearing in the adversary proceeding, trustee and United States Trustee.

In cases in which the trustee is a party, the trustee shall file a motion to approve a settlement agreement in the adversary action and in the main case. Notice shall be provided as required under Fed. R. Bankr. P. 9019, 2002 or other applicable law.