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: September 22, 1993

Revised: June 19, 2009