Rule 9013-1

MOTION PRACTICE – Amended [August 4, 2008]

  1. Rule or Statutory Basis. Each motion shall specify the rules and statutory provisions upon which it is predicated and the legal authorities that support the requested relief, either in the motion or in a separate memorandum of law. If such specification has not been made, the Court may strike the motion from the calendar.

  2. Entities to Receive Notice. In addition to all entities otherwise entitled to receive notice, notice of a motion shall be given to any entity believed to have or be claiming an interest in the subject matter of the proposed order or who, it is believed, otherwise would be affected by the proposed order.

Comment

     This rule is derived from Former Local Bankruptcy Rule 13. Local Bankruptcy Rule 7007-1 provides additional requirements for discovery-related motion practice.

     This rule was amended in 2008 to delete the requirement that a separate memorandum of law be filed with every motion. A discussion of the law must be included in the motion or responsive pleading if a separate memorandum of law is not filed.