Rule 9013-2. Motion Documents

(a) MOVING DOCUMENTS. Except as otherwise provided, the party making a motion shall serve and file: 1) a notice of hearing and motion; 2) if facts are at issue, an affidavit or verification of the motion; 3) a separate, concise memorandum of facts and law; 4) a proposed order; and 5) proof of service on those parties not automatically served through the court’s Electronic Case Filing System, as provided in Local Rule 9006-1(a). The notice shall state the day of the week and date and, if appropriate, the time by which a response must be filed under these rules. The notice shall state that unless a response opposing the motion is timely filed, the court may grant the motion without a hearing. The notice of hearing and motion shall comply substantially with Local Form 9013-2.

(b) RESPONSIVE DOCUMENTS. Any entity opposing a motion and wishing to be heard shall file and serve a response, which shall include a concise memorandum of facts and law, if facts are at issue, an affidavit, and a proposed order. A response may include a request for an order denying the motion or a request for an order imposing costs, fees and expenses, but shall not include a request for any other relief.


(1) If a party filing or responding to a motion anticipates offering oral testimony, the moving or responsive documents shall state the name, address and substance of the testimony of the proposed witness.

(2) No evidence shall be presented at the initial hearing. The court will determine at the initial hearing whether an evidentiary hearing is required.

(d) AFFIDAVITS; VERIFICATIONS. Affidavits shall be made on personal knowledge, set forth only facts that would be admissible in evidence, and show affirmatively that the affiant or verifier is competent to testify to the matters stated. An attorney shall not verify documents to be filed except with respect to facts of which the attorney has personal knowledge.

(e) EXHIBITS. Filing Users must submit all exhibits or attachments in electronic form. If the exhibits normally attached to a motion or response exceed 50 pages in total, the moving party may provide a summary of the exhibits in the motion or response, or as an exhibit thereto, for purposes of service only. The moving party shall state in the motion or response that the full exhibits and the summary were attached to the original motion or response filed with the clerk and that the moving party will upon request furnish a copy of the full exhibits to any entity.

(f) RELIEF WITHOUT HEARING. If no response opposing a motion is timely filed, the court may, in its discretion, enter an order granting the motion without a hearing.

(g) SEALED DOCUMENTS. A motion to file documents under seal shall be filed electronically through the Electronic Case Filing System. The document(s) the movant seeks to file under seal shall be submitted to the court on diskette or CD-ROM or filed to the “Inbox” filing option of the Electronic Case Filing System and shall remain sealed until further order of the court.

(h) WAIVER OF DISCHARGE. Motions seeking an order approving the waiver of discharge pursuant to Section 727(a)(10) shall comply only with paragraph (a) (1), (4), and (5) of Local Rule 9013-2. The motion shall be served on 1) the debtor; 2) the attorney for the debtor; 3) the trustee; 4) the United States Trustee; and 5) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b).

Fed. R. Bankr. P. Reference 9004, 9006, 9014.

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