Local Rule 7
MOTIONS
7. (A) GENERAL MOTIONS
Motions shall be accompanied by a
memorandum stating the grounds therefore and citing the authorities and reasons
relied upon. Within fourteen (14) days
after service of such Motion, each party opposing the Motion shall
respond. Upon expiration of the time for
filing memoranda, the matter shall be deemed submitted. Failure to file a memorandum at the time
required is a waiver and consent to submit the issue or case to the Court
forthwith for decision.
Motions shall, at the discretion of
the Court, be ruled upon pursuant to Civil Rule 7(B)(2). Oral hearings on motions shall be set only
where the party seeking same demonstrates such need in writing prior to the
expiration of fourteen (14) days.
Where
the interest of justice require, the Court may, upon notice to the non-moving
party, decide any motion on an expedited basis prior to the expiration of the
briefing schedule set forth in this rule.
7. (B) EXCEPTIONS
This rule shall apply to all motions
excepting domestic relations proceedings and those otherwise provided herein.
7. (C) EQUITABLE RELIEF
Motions for temporary restraining
orders, temporary injunctions, for receivers, or for similar urgent equitable
relief shall be submitted to the Court.
Notice of time of hearing shall be
served upon the adverse party or his counsel and no matter shall be heard ex
parte, unless from the affidavits filed with the motion, the Court determines
that extraordinary, undue hardship would result to the moving party by any
delay in the proceeding.
Even when the order is issued ex
parte, a hearing on the continuance of such order shall be scheduled and held
after notice to all concerned.
Adopted:
Revised:
June 19, 2009