BANKRUPTCY RULE 9014-1

CONTESTED MATTERS

 

(A)             All hearings are evidentiary unless, upon the court's initiative or the written request of a party, the court schedules a preliminary hearing to address scheduling, discovery or other matters.

(B)             Parties must disclose witness lists and exhibits not later than two business days before the hearing on a contested matter.

(C)            Parties must not file discovery materials or responses to a Fed. R. Bank. P. 2004 subpoena unless relevant to a discovery-related motion, subpoena or otherwise directed by the court.

(D)            Rule 12(c), Fed. R. Civ. P., applies in contested matters. A party opposing a motion for judgment on the pleadings has 21 days to file an objection.

(E)             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.

(F)             All stipulations or settlement agreements addressing substantive rights, interests or claims must be in writing, signed by the parties and accompanied by a motion or made part of the record in open court. No stipulation or settlement agreement is effective unless approved by the court. Stipulations and settlement agreements must be accompanied by a proposed order.

Notice of a motion seeking approval of a stipulation or settlement agreement must be given as required in Fed. R. Bankr. P. 2002(a)(3), except as provided in Fed. R. Bankr. P. 4001(d)(4). Specifically, a settlement agreement arising from a contested motion made pursuant to Fed. R. Bankr. P. 4001(a), (b) or (c) may be approved without further notice, if notice of the original motion was provided in compliance with D.N.D Bankr. L.R. 2002-1.