Rule 9013-1

Motion Practice

For purposes of these Local Rules, a request for an order, including a motion, application or other request for relief (all of the foregoing will be referred to in this Local Rule as a “motion”) are to be governed by the following requirements.

(a)  Motions.  All motions, unless made in open Court, must include a memorandum setting forth the supporting authorities.

(b)  Length of Motions and Memoranda.  Unless ordered otherwise, a motion, a response or reply and the supporting memoranda must not exceed fifteen (15) pages exclusive of attachments.

(c)  Response and Reply Times.  Unless ordered otherwise or as set forth in the Rules, the Local Rules, or the notice required by paragraph (j), the party responding to a motion will have fourteen (14) days after service within which to serve and file a response, and the moving party will have fourteen (14) days after service of the response to serve and file a reply.

(d)  Unopposed or Ex Parte Motions.  If the movant contends that the motion is unopposed or should be granted on an ex parte basis, the motion must state why it may be granted without notice and must be accompanied by a form of order. The following non-exclusive list of motions may be filed on an ex parte basis. Other motions may be filed on an ex parte basis if authorized by the Court.

(1)  Motions for 2004 examinations;

(2)  Applications to approve estate professionals;

(3)  Motions to exceed the page limit (must include explanation);

(4)  Motions to set bar date for filing claims;

(5)  Motion to pay filing fee in installments; 

(6)  Motion to continue hearing, with statement of whether opposing counsel consented, and if not, the reason consent was not obtained;

(7)  Motion to delay discharge;

(8)  Motion to appear pro hac vice;

(9)  Motion to reopen a case; and 

(10) Trustee’s motion to defer filing fee. 

(e)  Discovery Disputes – Required Request for Informal Conference.  After personal consultation and a sincere effort to resolve a discovery dispute that cannot be resolved without Court intervention, the parties must promptly call chambers and await further instruction before filing a discovery related motion. Instructions for contacting chambers are set forth on the Judge’s Procedures page of the Arizona Bankruptcy Court website located at www.azb.uscourts.gov. “Personal consultation” means a face-to-face meeting or phone discussion, in addition to emails, voicemails, and texts.

(f)  Motions to Compel.  When the Court has authorized the filing of a motion for an order compelling discovery, the moving party must set forth the following in separate, distinct, numbered paragraphs:

(1)  The questions propounded, the interrogatory submitted, the designation requested or the inspection requested;

(2)  The answer, designation or response received; and

(3)  The reason(s) why the answer, designation or response is deficient. 

(g)  Motions for Summary Judgment.  Any motion for summary judgment must set forth separately from the memorandum of law the specific facts on which the moving party relies. The specific facts must be set forth in serial fashion, not in narrative form. For each fact, the statement must refer to a specific part of the record where the fact may be found (e.g., affidavit, deposition, discovery responses, etc.). A failure to submit a separate statement of facts in this form may constitute grounds for the denial of the motion.

(1)  Any party opposing summary judgment must comply with the foregoing in setting forth the specific facts relied on in opposing the motion or that otherwise establish that a genuine issue of material fact exists that precludes summary judgment.

(2)  In the alternative, if the parties agree that no genuine issue of material fact exists, they must jointly file a statement of stipulated facts. For stipulated facts, the parties may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not to be otherwise binding.

 (3)  Unless ordered otherwise, the party opposing or responding to a motion for summary judgment will have thirty (30) days after service within which to serve and file a response and the moving party will have fourteen (14) days after service of the response to serve and file a reply.

(h)  Accelerated Hearings.  Motions to accelerate hearings or reduce notice periods are governed by the following requirements:

(1)  The moving party must notify any opposing parties and must serve the pleadings at the earliest possible time and by the most expeditious means;

(2)  The request for relief must be a separate motion and bear a caption such as “Motion for Accelerated Hearing” or “Motion to Reduce Notice Period.” A proposed order granting the relief requested must be lodged with the motion; and

(3)  The motion must contain:

(A)  The telephone numbers, fax numbers, email addresses and office addresses of the attorneys for the opposing parties;

(B)  Facts showing the existence and nature of the claimed emergency;

(C)  The date by which the hearing is needed and why; and

(D)  When and how counsel for the opposing parties were notified and whether they have been served with the motion, or, if not notified and served, why that was not done.

(i)  Motions for Continuance or Extensions of Time.  Requests for continuance of hearings or extensions of time about briefing schedules or other matters must state whether any other party objects to the request, or why the moving party has been unable to determine the other party’s position.

(j)  Notice for Motion Requiring a Hearing.  For any motion that requires a hearing, the moving party must obtain and provide notice of the date, time and location of the hearing to all interested parties along with the following information:

(1) The details of the relief requested, the deadline for any response or objection, and the requirement that any response or objection be filed with the Court and served on the moving party; and

(2)  That the Court may vacate the hearing and grant the relief requested if no timely objection is served and filed. 

The moving party must serve the notice as required by the Rules, Local Rules, or Court order and file a certificate or affidavit of service.

(k)  Relief Possible on 21-Day Bar Date Notice.

(1)  In addition to the bar date procedures established by these Local Rules, unless ordered otherwise, the moving party may use a 21-day bar date notice for:

(A)  Motions to approve § 363 sales other than real property, and other than under Code § 363(h);

(B)  Motions to approve compromises and settlements under FRBP 9019;

(C)  Applications for professional fees;

(D)  Objections to exemptions claimed by the debtor;

(E)  Motions by debtors to sell or refinance homestead property;

(F)  Motions to extend time to assume or reject a unexpired lease or an executory contract except as required by Code § 365(d)(4); and

(G)  Motions by debtors to avoid liens.

 (2)  All motions and applications using the negative notice process must comply with LR 2002-2.

(3)  If an objection is filed or received, the moving party must obtain a hearing and serve notice of the date, time and location of the hearing, and file a certificate of service.

 


Notes 2018:  Numerous amendments made to LR 9013-1. Amendments to LR 9013-1(b) are intended to clarify that the fifteen (15) page limit is applicable to responses and replies (including supporting memoranda).

 Subpart (d) amendments are intended to clarify which motions may be filed ex parte.

 Subpart (e) was added to provide guidance for discovery disputes. Many discovery disputes can be resolved through sincere efforts and discussions by the parties and counsel. Early guidance or intervention from the Court can often help to avoid costly and resource-consuming motion practice regarding discovery disagreements. Accordingly, parties are required to engage in sincere good faith efforts and personal consultation as set forth in the Rules, and if they are unable to resolve the dispute, a telephone call to chambers is appropriate. However, use of this informal procedure does not suspend the time requirements set forth in FRBP 7030-7036.

 This LR has been updated to reference the new LR 2002-2 for proper noticing procedures in connection with matters served with negative notice. Subpart (k) is intended to provide a comprehensive list of all matters for which negative notice is authorized. Other matters not specifically provided for in these LRs may not be served with negative notice absent specific Court order.

 

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