BANKRUPTCY RULE 7007-1

MOTIONS IN ADVERSARY CASES

(A)           Dispositive MotionS

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 must 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.

(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 must 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.

(C)           Notice of Motions

The notice must include the number of days an interested party has to respond. Notice and Service Requirements list.

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

Parties must 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, may 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, may 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 must be in writing and signed by the parties. All stipulations and settlement agreements resolving adversary proceedings must be accompanied by a motion or made part of the record in open court. No stipulation or settlement agreement will be effective unless approved by the court. Motions must be accompanied by a proposed order.

In cases in which the trustee is not a party, the moving party must serve a 21-day notice of the motion to approve a stipulation or 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 must file a motion to approve a stipulation or settlement agreement in the adversary action and in the main case. Notice must be provided as required under Fed. R. Bankr. P. 9019, 2002 or other applicable law.