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Monthly Archives: November 2010
When is the Deadline for Filing a Bill of Costs?
Typically, 14 days after the clerk enters judgment: “A party awarded costs by final judgment or by judgment that a presiding judge directs be entered as final under Fed. R. Civ. P. 54(b) must apply to the clerk for taxation … Continue reading
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How Is a Continuance Obtained?
File a motion for continuance: “A motion for continuance of a trial setting must be signed by the moving party as well as by the party’s attorney of record. Unless the presiding judge orders otherwise, the granting of a motion … Continue reading
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When Must a Brief Include a Table of Contents and Table of Authorities?
If the brief is more than 10 pages. See L.R. 7.2(d).
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Are Sur-Replies Allowed?
Not without leave of court: “Except for the motions, responses, replies, briefs, and appendixes required by these rules, a party may not, without the permission of the presiding judge, file supplemental pleadings, briefs, authorities, or evidence.” See L.R. 56.7.
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What are the Page Limits for Briefs?
Briefs cannot exceed 25 pages (excluding table of contents and table of authorities). Reply briefs cannot exceed 10 pages. Permission to file a brief containing excess pages will be granted by the presiding judge “only for extraordinary and compelling reasons.” … Continue reading
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Will Oral Argument be held on a Motion?
Only if directed by the presiding judge: “Unless otherwise directed by the presiding judge, oral argument on a motion will not be held.” See L.R. 7.1(g).
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When is the Deadline to File a Reply Brief?
14 days from the date the response is filed: “Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.” See … Continue reading
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When is the Deadline to File a Response and Brief?
21 days from the date the motion was filed: “A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.” See L.R. 7.1(e).
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Must I Include a Brief with My Motion or Response?
Generally yes, if it is opposed: “An opposed motion must be accompanied by a brief that sets forth the moving party’s contentions of fact and/or law, and argument and authorities, unless [the opposed motion is one to amend, for a … Continue reading
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Do I Need to Submit a Proposed Order with My Motion?
“Except for an opposed motion that is submitted on paper, each motion must be accompanied by a proposed order that is set forth separately. An agreed proposed order must be signed by the attorneys or parties.” See L.R. 7.1(c).
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