LBR 9021-1. ORDERS AND JUDGMENTS
LBR 9021-1. ORDERS AND JUDGMENTS(a) General. A proposed order or judgment (collectively, “order”) must be submitted either in paper form or electronically via LOU in accordance with the LOU Procedures and these rules. Unless required as a court-mandated form order pursuant to LBR 9009-1 or otherwise ordered by the court, an order must not contain any attached agreement or other exhibit. If an order approves a motion which is based in whole or part upon an agreement or other exhibit, the order must refer to the docket number and/or title of the document in which the agreement or exhibit is found. Nothing in this rule prevents a prevailing party from serving a copy of an entered order along with a copy of an agreement or other exhibit referred to in the order.
(b) Preparation, Lodging, and Signing of Orders.
(1) Form of Proposed Order. A proposed order must be set forth in a separately
captioned document complying with LBRs 9004-1 and 9009-1, and must include the
Notice of Entered Order and Service List prepared in accordance with subsection
(b)(1)(E) of this rule. Except for an order submitted at the hearing, a proposed
order must be accompanied by a proof of service reflecting service of the proposed
order on the parties required by subsection (b)(1)(E) of this rule and as the court
(A) Who Must Prepare. Unless the court otherwise directs, a proposed order
must be prepared by the attorney for the prevailing party.
(B) When Due if a Hearing was Scheduled. If not presented at the hearing, a proposed order must be served and lodged with the clerk within 7 days of the granting thereof. Except as provided in LBR 7056-1(b)(2) and LBR 7016-1(b)(1) or if the presiding judge has posted a tentative ruling authorizing the submission of a proposed order, a proposed order must not be lodged prior to the hearing or trial of the underlying matter.
(C) Failure to Lodge Timely Order. If the prevailing party fails to serve and lodge a proposed order within the allotted time, then any other party present at the hearing may lodge and serve a proposed order. All other parties shall have 7 days within which to file and serve an objection in compliance with subsection (b)(3) of this rule. If no party submits a proposed order, the court may prepare and enter such order as it deems appropriate, including an order to show cause why the motion or proceeding should not be dismissed without prejudice for failure to prosecute.
(D) Copies and Envelopes. Subject to subsection (b)(1)(E) of this rule, LBR
9036-1, and the LOU Procedures, the original proposed order must be accompanied by: (i) stamped, addressed envelopes for all persons or entities who will be served by the court non-electronically under subsection (b)(1)(E)(i) of this rule, to include only the debtor (and debtor’s attorney, if any), movant (or movant’s attorney, if any), and all parties (or their attorneys, if any) who filed an opposition or other objection to the relief requested; and (ii) the same number of copies of the proposed order to
match the number of envelopes required.
(E) Notice of Entered Order and Service List.
(i) Entered Order Served by the Court. If an entered order is to be served by the court, the proposed order must be accompanied by court-mandated Form 9021-1.1, Notice of Entered Order and Service List, regardless of whether the proposed order is lodged nonelectronically or electronically pursuant to the LOU Procedures.
(ii) Entered Order Served Other than by the Court. If an entered order is to be served other than by the court, the party responsible for lodging the proposed order must promptly serve a copy of the entered order and file a proof of service of the entered order in the form and manner required by LBR 9013-3.
(2) Order upon Stipulation. Except as provided in LBR 3015-1(r)(3) and LBR
4001-1(b)(2)(B), a proposed order approving a written stipulation must refer to the
title of the stipulation and be contained in a separate document prepared and lodged
upon the filing of the stipulation with the court. A proposed order lodged electronically must be prepared and uploaded in accordance with the LOU Procedures.
(3) Proposed Order when Opposition to Motion was Filed.
(A) Service of Proposed Order on Contesting Party. The attorney who has the duty to prepare any order required by this rule must serve a copy of the proposed order on counsel, or party if filed without counsel, who filed an opposition or other objection to the relief requested, either before or on the same day that the order is lodged with the court and must file a proof of service with the order. Alternatively, the attorney preparing the order may present it to opposing counsel for approval as to form before the order is lodged, in which case opposing counsel must immediately approve or disapprove the form of order and return it to counsel who prepared it.
Where a proposed order is tendered at the hearing, the order may be lodged
without prior service on the opposition.
(B) Separate Objection to Proposed Order. Opposing counsel may, within 7 days after service of a copy of a proposed order prepared pursuant to this rule, file and serve an objection to the form of the order, setting forth the grounds therefor. Opposing counsel must attach as exhibits to the objection
(i) a copy of the order that is the subject of the objection and (ii) a copy of
the proposed alternative form of order. The proposed alternative form of order so labeled, must be lodged with the objection. A judge’s copy of the objection and proposed alternative form of order must be served on the judge in chambers in accordance with LBR 5005-2(d). The failure to file and serve a timely objection will constitute a waiver of any defects in the form of the order.
(C) Endorsement of Counsel. Unless the court otherwise directs, a proposed
order will not be signed by the judge unless (i) opposing counsel has endorsed thereon an approval as to form; (ii) opposing counsel has stipulated thereto on the record at the hearing, or (iii) the time for objection to a form of order properly served has expired under subsection (b)(3)(B) of this rule. If it finds the ends of justice so requires, the court may conduct a hearing on the proper form of the order or decide any objection thereto without a hearing.
(4) Proposed Orders on Unopposed Motions . Notwithstanding subsection (b)(3) of this rule, if no opposition was filed or made by a party or counsel at the hearing, no
service of the proposed order is required prior to lodging of the proposed order, and
the non-opposing party will be deemed to have waived any objection to the form
of the order. The court may sign a proposed order on an unopposed motion at the
hearing or immediately upon its lodging with the clerk without waiting for the
objection period of subsection (b)(3)(B) of this rule to expire.
(5) Signing of Orders for Absent Judges. Except as otherwise provided by
F.R.Civ.P. 63, application for any order on a case or proceeding must be made to
the judge to whom the case is assigned. If the judge to whom the case or
proceeding is assigned is not available and there is an emergency necessitating an
order, the judge’s courtroom deputy must be consulted to determine whether a judge
of this court has been designated to handle matters in the absence of the assigned
judge. If a designation has been made, the application must be presented to the
designated judge. If no designation has been made, then the matter must be
presented to the duty judge, if any, or in his or her absence, to any other judge in
accordance with normal divisional practices. If no emergency exists, the application
will be held by the assigned judge’s courtroom deputy until the assigned judge is
available. Any judge may sign an order for another judge.
(6) Obtaining Certified Copies of Order. Payment for a certified copy of an order must be made to the cashier in the clerk’s office. No checks will be accepted in the
courtroom or by courtroom deputies. If a certified copy of a stipulated or default
order is desired, the order may either be presented in the courtroom together with
a clerk’s receipt showing prepayment of the certification fee, or the certified copy
may be requested from the clerk’s office after the order has been signed and
(c) Entry of Orders.
(1) Timing of Taxation of Costs. Entry of an order must not be delayed pending
taxation of costs to be included therein pursuant to LBR 7054-1. A blank space
must be left in the form of an order for insertion of costs by the clerk after they
have been taxed.
(2) Calculation of Interest. If interest is accruing or will accrue on any order, the party
preparing the proposed form of order must indicate by memorandum attached
thereto the applicable interest rate as computed under 28 U.S.C. § 1961(a) or 26
U.S.C. § 6621 and the amount of interest to be added for each day the document
(3) By Stipulation with Entry of Order. The court may withhold entry of an order to
permit the parties to submit, either separately or jointly by stipulation, the
computation of the amount of money to be awarded in accordance with the court’s
determination of the issues.
(4) Contested Computation. If the parties do not stipulate to a computation as provided in this rule, any party may file and serve a computation claimed to be in accordance with the determination of the issues by the court. Within 7 days of service of the computation, an opposing party may file and serve an objection accompanied by an alternate computation. If no objection is filed within 7 days, the order may be
entered in accordance with the original computation submitted.
(5) Hearing on Contested Computation. If it finds the ends of justice so require, the
court may place the matter on calendar for hearing provided there is at least 7 days
notice to the parties. After hearing, the court will determine the correct amount on
which the order will be entered. The hearing will be limited to a determination of
the correct amount to be entered in the order and shall not constitute an opportunity
for rehearing or reconsideration of the determination of other issues previously ruled
on by the court.
(6) Effect of Stipulation to Amount of Costs. A stipulation by the parties to the amount to be entered pursuant to the determination of the issues by the court will not be deemed to be a waiver of any rights of the parties to appeal or otherwise challenge
the determination of such issues by the court.
(7) Delegation of Authority to Sign Designated Orders. The court may delegate
authority to the clerk to:
(A) Sign specified form orders involving ministerial matters; and
(B) Facsimile stamp specified orders consistent with oral rulings by the court.
(d) Duty of Clerk as to an Order Directing an Action by an Official of the United States. When an order is entered by the court directing any officer of the United States to perform any act, unless such officer is present in court when the order is made, the clerk must forthwith transmit a copy of the order to the officer ordered to perform the act.
(e) Amended or Corrected Orders.
(1) If an error or omission in the form of an entered or lodged order is discovered, a
party in interest may request amendment or correction of the order by filing and
serving a motion under LBR 9013-1(a) or LBR 9013-1(o).
(2) The motion must set forth specifically the changes requested in the form of the
order and reasons such changes are necessary and appropriate. A copy of the
proposed amended order must be attached as an exhibit to the motion when filed
(3) The amended order must state in its caption the date of entry of the original order
and, if applicable, the date, time, and place of the original hearing.
(4) If the motion is filed and served pursuant to LBR 9013-1(o), the proposed amended order itself must be lodged at the same time as the required declaration establishing that no timely objection was served.