9013-1(f):  Filing and Serving a RESPONSE or Notice of Non Opposition

After a motion is filed in which the moving party seeks relief against other parties, those other parties have an opportunity to file a response to the motion. 

LBR 9013-1(f) provides the procedure for filing and serving a response to a motion, including the deadline to file the response, the parties who must be listed on the Proof of Service, and the method for submitting declarations of testimony and declarations that authenticate documents that are filed to support the response.    

A.  Some parties disagree with the motion and ask the judge to deny the motion:

1. If a hearing has already been set, the court offers a form response ONLY when the motion is for relief from the automatic stay -- "Response to Motion Regarding the Automatic Stay."  See link below
2. If a hearing has not been set, but a notice of opportunity to file a response was served, the court offers a form response -- "Notice of Opposition and Request for a Hearing."  See link below    

B. Other parties do not disagree with the motion and the court offers a form for this -- "Notice of Non-Opposition."  See link below    

C. Some parties agree with the request made in the motion and can file a response to indicate their agreement.   

1. FILE A 'RESPONSE" and indicate the reasons your client supports the request made in the motion.
2. DO NOT FILE A "Joinder of Motion".  There is no legal authority to "join" in a motion, because joinder means a party is also seeking relief against a party (such as FRBP 7018, joinder of claims). and, therefore, would now be labeled a "movant or moving party".   See section 9014-1(c) of The Central Guide for further explanation.

When a new party wishes to obtain relief, that party must file its own motion with supporting declarations to ask the court to enter an order granting relief in its favor.

BE SURE THAT WHICHEVER TYPE OF RESPONSE YOU FILE CONTAINS A PROOF OF SERVICE.  See LBR 9013-3 for requirements.