Author Archives: Steven Callahan

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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What Motions Do Not Require a Certificate of Conference?

Motions to dismiss, motions for judgment as a matter of law, motions for judgment on the pleadings, motions for a new trial, and motions for summary judgment.  See L.R. 7.1(h).

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What Must a Certificate of Conference Include?

If a conference is required in connection with a motion, a certificate of conference must be included.  The certificate of conference must (i) indicate that the motion is unopposed or opposed; (ii) if the motion is opposed, the certificate must … Continue reading

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When Must I Meet and Confer with Opposing Counsel Before Filing My Motion?

“Before filing a motion, an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.  Conferences are not required for motions to dismiss, motions for … Continue reading

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What Time Must a Document be Electronically Filed By?

Midnight central time:  “A pleading, motion, or other paper that is filed by electronic means before midnight central time of any day will be deemed filed on that day.”  See L.R. 6.1.

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Can My Filing Contain More than One Pleading, Motion or other Paper?

Generally, yes:  “With the exception of a proposed order or judgment, any document may contain more than one pleading, motion, or other paper.  Any such document must clearly identify each included pleading, motion, or other paper in its title.”  See … Continue reading

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