Rule 9075-1 Emergency Orders.

(a)    General Procedure.  In any case where a party files a pleading that requires an immediate hearing date or is seeking emergency relief from the court (e.g., temporary restraining orders or preliminary injunctions), the proponent must proceed as follows:

         (1)    A separate motion must be filed specifying the reasons why expedited consideration is necessary.

         (2)    All interested parties must be notified of the request by facsimile, email, or other electronic means prior to the filing of the request for expedited consideration.

         (3)    Any motion filed under this Rule must state in the caption that it is an "Emergency Motion" or "Request for Expedited Consideration". Prior to filing the motion, movant must provide telephonic notice to Chambers.

         (4)    A proposed order granting the motion for expedited relief and identifying a method of prompt service of the order and the underlying substantive motion must be filed with any request for expedited consideration.

(b)    Emergency Sale.  A seller, without any notice or with such notice as the court directs, may conduct an emergency sale. Such sale may be conducted only upon leave of court obtained after filing a motion specifying the following:

         (1)    the property to be sold;

         (2)    the terms of the sale; and

         (3)    the reasons why the sale must be conducted without notice.

COMMENTS: L.B.R. 9075-1 was amended effective December 1, 2009 to modify the captioning requirements for requests for expedited relief or consideration and to delete provisions for facsimile transmission to the court.

Part: 
Part IX - General Provisions