Rule 7007-1 Motions in Adversary Proceedings.

(a)     Written Motion.  A motion must be in writing unless made during a hearing or trial.

(b)     Grounds and Relief to be Stated.  A motion filed in an adversary proceeding must contain a descriptive title of the motion in addition to the complete adversary caption. The caption must be substantially in compliance with the Caption for Use in Adversary Proceeding (Official Form 416D).

(c)     Response.  No response to any motion filed in an adversary proceeding pursuant to F.R.C.P 12(b)(1)-(6), as made applicable through F.R.B.P 7012(b), is required unless otherwise ordered by the court.  The response to any other motion must be filed and served within fourteen (14) days after service of the motion. If a response is required and no response is timely filed, the motion may be deemed uncontested, and the court may dispose of the motion.

(d)     Continuances.  A request for continuance of a trial date must be made in conformity with L.B.R. 9013-4.

(e)     Hearing.  Oral argument or hearing on a motion filed in an adversary proceeding will be held only if requested by the court.

(f)     Proposed Order.  A proposed order of court as required under L.B.R. 9013-1(b) must be filed as an attachment to any motion and other pleading requesting relief in accordance with the procedures set forth in the Miscellaneous Order 5:05-mp-50007 and the Administrative Procedures available on the court’s website (www.pamb.uscourts.gov).

COMMENTS:  L.B.R. 7007-1 was amended effective December 1, 2017, to clarify the conditions under which an answer or response is due to any motion filed within an adversary proceeding.

Part: 
Part VII - Adversary Proceedings