Rule 7.2 Motion Practice.
A written communication with the court that is intended to be an application for relief or other action by the court shall be presented by a motion in the form prescribed by this Rule.
(A) Applicability. The provisions of this rule apply to all written motions filed in civil or criminal actions.
(B) Filing; Proposed Orders. The original motion and all affidavits and other supporting documents, including briefs and memoranda of authorities, shall be filed with the clerk of court at the division office where the action is docketed. The moving party shall simultaneously mail a copy thereof to the district judge presiding in the action at his or her home office mailing address or, if the motion is referred to a magistrate judge, to the magistrate judge at his or her home office mailing address. The mailing addresses for the district judges and for the magistrate judges appear on the courts' Internet websites. (Emphasis added; modified per standing order filed December 2003)
(1) Affirmative defenses shall be raised by motions, in accordance with these Rules.
(2) Discovery motions must be filed sufficiently timely that they do not affect the discovery deadline.
(3) Unless otherwise ordered by the Case Management Order, all case-dispositive motions and motions challenging an opposing party's expert shall be filed no later than fifteen calendar days after the discovery deadline.
(4) Motions in limine shall be filed no later than ten calendar days before the pretrial conference, and all responses shall be filed no later than five calendar days before the pretrial conference.
(5) A proposed order shall accompany the court's copy of any motion which may be heard ex parte or is to be granted by consent. If the motion is referred to a magistrate judge, the proposed order and a copy of the motion shall be furnished to the magistrate judge.
(1) The original of any response to the motion, all opposing affidavits, and other supporting documents shall be filed with the clerk of court at the division office where the action is docketed, and any response to the motion and all objections shall be filed and copies distributed as provided in paragraph (B) of this rule. Within the time allowed for response, the opposing party shall either respond to the motion or notify the court of its intent not to respond.
(2) If a party fails to respond to any motion, other than a motion for summary judgment, within the time allotted, the court may grant the motion as unopposed.
(3) A party is required to notify the court of its intent not to respond to or oppose a motion.
(D) Memoranda; Documents Required with Motions; Time Limits; Failure to Submit Required Documents; Motions not Reurged. At the time the motion is served, other than motions or applications which may be heard ex parte or those involving necessitous or urgent matters, counsel for movant shall mail to the judge in charge of the case the original and one copy of a memorandum of authorities upon which counsel relies. Counsel for respondent shall submit the original and one copy of a memorandum of authorities in reply, and shall do so within ten days after service of movant's memorandum. Counsel for movant desiring to submit a rebuttal memorandum may do so within five days after the service of the respondent's memorandum. A request for extension of time shall be made in writing to the judge before whom the motion is noticed. Failure to timely submit the required motion documents may result in the denial of the motion. A pending non-dispositive motion not reurged after discovery has been concluded and before the motion deadline, may be deemed moot and denied by operation of this rule.
(E) Length of Memoranda.
Movant's original and rebuttal memoranda together shall not exceed a total of thirty-five
pages, and respondent's memorandum shall not exceed thirty-five pages. Memoranda and other
submissions required by paragraph (D), except as therein provided, are not filed
with the clerk of court. (Modified per standing order filed
December 2003)
(1) All motions shall be decided by the court without a hearing or oral argument unless otherwise ordered by the court on its own motion or, in its discretion, upon written request made by counsel in an easily discernible manner on the face of the motion or response.
(2) The scheduling of an evidentiary hearing or oral argument, where allowed, shall be set at such time and place as may suit the convenience of the judge. The court may, in its discretion, hear oral argument by telephone conference. The court will strive to issue its opinion within sixty days of the receipt of the last brief.
(G) Priority. The court will give priority to discovery motions, discovery appeals, immunity defense motions, motions to remand, and other jurisdictional motions.
(H) Urgent or Necessitous Matters. When the motion relates to an urgent or necessitous matter, counsel for the movant shall contact the courtroom deputy, or other staff member designated by the judge, and arrange a definite time and place for the motion to be heard. In such cases, counsel for movant shall file a written notice to all other parties of the time and place fixed by the court for the hearing and shall serve all documents upon other parties in the same manner by which they have been delivered to the court. The court, upon receipt of the motion, may, in its discretion, direct counsel regarding the submission of memoranda of authorities for the court's consideration.
Unless a motion for a protective order to limit the scope or quash the taking of a deposition is filed within seven days of the date of the notice of deposition, the motion shall not be considered urgent or necessitous.
(I) Service. Movant and respondent shall serve copies of all motions, responses, and/or memoranda upon opposing counsel. When service is by mail, three days shall be added to the periods prescribed in paragraph (D) of this rule.
(J) Court Reporters. If the hearing of a motion, whether at a regular motion day, pretrial conference, or special setting, requires the presence of a court reporter, the party requesting a court reporter shall obtain prior approval from the office of the district or magistrate judge before whom the motion is noticed.
(K) Untimely Motions. Any motion served beyond the motion deadline imposed in the Case Management Order entered pursuant to Rule 16.1(B)(9) may be denied solely because the motion is served untimely. Parties are encouraged to file all non-dispositive motions prior to the discovery deadline.