LBR 9075-1. EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS SHORTENING TIME

LBR 9075-1. EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS SHORTENING TIME

(a) Emergency Motion.
(1) Scope of Rule. An emergency motion requiring an order on less than 48 hours
notice must be obtained in accordance with this rule.
(2) Obtaining Hearing Date and Time. Unless otherwise ordered by the court, a hearing date and time may be obtained by telephoning the chambers of the judge to whom the case is assigned or such member of the judge’s staff as may be designated to schedule hearings on emergency motions. The identity of the designated member
of the judge’s staff is available from the clerk’s office and posted on the court’s
website. Prior to telephoning chambers, the court’s website should be consulted to
determine whether the judge has additional procedures or instructions for obtaining
a hearing on an emergency motion.
(3) Contents of Moving Papers. The motion must: (A) state the relief requested, (B)
comply with any other applicable provisions of these rules regarding the relief
requested, and (C) be accompanied by the declaration of one or more competent
witnesses under penalty of perjury that (i) justifies the setting of a hearing on an
emergency basis and (ii) supports the granting of the motion itself on the merits.
A separate motion for an expedited hearing is not required under this rule.
(4) Telephonic Notice. Unless otherwise ordered by the court, immediately upon
obtaining a hearing date and time, movant must give telephonic notice of the
emergency hearing and the substance of the motion to the parties to whom notice
of the motion is required to be given under the FRBP and these rules, the United
States trustee, and any other party that is likely to be adversely affected by the
granting of the motion. Movant must also advise the parties by telephone whether
the moving papers will be served by e-mail, fax, or personal service.
(5) Service of Moving Papers. Unless otherwise ordered by the court, movant must
serve the moving papers by e-mail, fax, or personal service on the parties set forth
in subsection (a)(4) not later than the time the moving papers are filed with the
court.
(6) Filing of Moving Papers. Unless otherwise ordered by the court, the moving papers must be filed not later than 2 hours before the time set for the hearing and a judge’s copy served on the judge in chambers in accordance with LBR 5005-2(d).
(7) Response to Moving Papers. Any response, written or oral, to the moving papers
may be presented at the time of the hearing on the motion.
(8) Proof of Notice to be Presented at the Hearing. At the time of the hearing, movant
must present to the court and file (A) a declaration of the efforts made to give
telephonic notice of the hearing and substance of the emergency motion to the
parties set forth in subsection (a)(4) and (B) a proof of service of the moving
papers.
(b) Application for Order Shortening Time.
(1) Scope of Rule. A party may request that a non-emergency motion be heard on
notice shorter than would otherwise be required by these rules. Such a request must
be made by written application consistent with court-approved form F 9075-1.1,
Application for Order Shortening Time (“application”). The application may be
granted for good cause shown in accordance with this rule.
(2) Contents of Application. Unless otherwise ordered by the court, the application
must:
(A) Describe the nature of the relief requested in the underlying motion, identify
the parties affected by the relief requested in the motion, and state the
reasons necessitating a hearing on shortened time; and
(B) Be supported by the declaration of one or more competent witnesses under
penalty of perjury that justifies the setting of a hearing on shortened time
and establishes a prima facie basis for the granting of the underlying motion.
(3) Filing of Application. An application must be filed with the clerk concurrently with
the moving papers that are to be heard on shortened notice.
(4) Service of Application. Unless otherwise ordered by the court, movant must serve
the application and the moving papers on each of the parties to whom notice of the
underlying motion is required to be given under the FRBP and these rules, the
United States trustee, and any other party that is likely to be adversely affected by
the granting of the underlying motion. A separate notice of the application is not
required.
(5) Proposed Order Shortening Time. At the time the application and underlying
motion are filed, movant must lodge a separate proposed order consistent with
court-approved form F 9075-1.2, Order Setting Hearing on Shortened Notice that
(A) identifies the parties to whom notice is proposed to be given; (B) states the
nature and timing of the proposed shortened notice, which must not be less than 48
hours; (C) states the means of service, i.e., telephone, fax, e-mail, personal service,
or as ordered by the court; and (D) contains appropriate blanks for the court to
insert the date and time of the hearing and the date for filing and serving the
opposition papers.
(6) Court Ruling on Application. The application will be determined ex parte by the
court on the basis of the papers submitted with the application, subject to the right
of any party to object to the adequacy of notice pursuant to subsection (c) of this
rule. The court will promptly notify the movant of its decision on the application
and, if granted, the date and time set for the hearing.
(7) Notice of Hearing.
(A) If the application is granted, movant must serve the order setting the hearing
on shortened notice on each of the parties to whom notice of the underlying
motion is required to be served by the FRBP and these rules, the United States trustee, any other party that is likely to be adversely affected by the granting of the underlying motion, and as otherwise ordered by the court. Notice must be given by telephone, fax, e-mail, personal service, or as ordered by the court.
(B) If the application is denied, movant may, unless otherwise ordered by the
court, set the underlying motion for hearing on regular notice and serve notice of the hearing in accordance with LBR 9013-1.
(8) Proof of Service. Proof of service of all required documents must be filed at least
2 days before the hearing, unless otherwise ordered by the court.
(c) Objection to Timing of Hearing. At the hearing on the motion, any party may object to the adequacy of the notice provided and seek a continuance for good cause shown.
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