2-08:  Hearings: LBR 9013-1(o): ONLY IF A PARTY REQUESTS

LBR 9013-1(o) provides that some motions may be filed and served without first scheduling a hearing, and must contain notice that parties have a chance to request a hearing. 

A.  PROVIDING NOTICE

     1. LBR 9013-1(o) provides the procedure for giving notice that parties have an Opportunity to File a Response and Request a Hearing.

• The court has a form notice of motion -- see link below.
• If a party prepares its own notice, that notice must contain the specific language found in the LBR form.  

     2. FRBP 9006(f) requires that 100% of these motions must indicate that responding parties have 3 additional days to act or respond, unless all parties were served electronically with the motion.  

• See link below for more information on implementing the scenarios in which FRBP 9006(f) applies.   

B.  MOTION SERVED WITH THE NOTICE

     1. LBR 3015-1(w) and (x) refer to many chapter 13 motions that MAY be served and filed using the procedure of LBR 9013-1(o).  The court has many form motions that may apply.  See links under the separate motions. 

     2. Many other LBR relate to motions that MAY be served and filed using the procedure of LBR 9013-1(o). 

     3.  LBR 9013-1(o)(2) provides a list of motions that MAY NOT be served and filed using the procedure of LBR 9013-1(o). 

C.  WAITING PERIOD -- Now, the moving party must wait 14-17 days to see if another party files a response and request for a hearing

D.  NEXT STEP

     1. LBR 9013-1(o)(4) -- If a party files a request for a hearing, the movant must file a notice of hearing and select a date using the judge's self-calendar procedures. 

• The court has a form notice of hearing -- see link below.

     2. LBR 9013-1(o)(3) -- If no party files a request for a hearing, the movant must file a declaration that no party request a hearing, and then lodge an order 

• The court has a form declaration that may be used regardless of the type of motion filed, and the motion and notice must be attached as an exhibit to the declaration -- See link below
• Follow your judge's procedures if a judge's copy must be delivered to the court, as some judges no longer require a judge's copy.
• The court provides many form orders, but not for every situation.  See links under particular motions to determine if the court has a form motion.
• The proposed order must be lodged in accordance with LBR 9021-1 and The Central Guide.