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Motions

A motion is a formal request you make to the judge for some sort of action in your case.  You do not need a motion for clerical things like requesting a copy of the docket in your case or requesting copies.

The text of the motion must state that other parties have been contacted and state whether any party objects to the motion.  Parties that have not yet appeared in the action or whose default has been entered need not be contacted.  See Local Rule 7.1(c).

Procedure (See Local Rule 7.1(d)):

(A)     A motion, if opposed, must be accompanied by a brief in support filed at the same time as the motion.  Briefs in support of a motion must be filed separately from the motion.  Failure to timely file a brief will result in denial of the motion, subject to refiling in compliance with the rule.

(B)     Responses:

(i)     Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed.

(ii)    Responses to all other motions must be filed within 14 days after the motion was filed.  As to these motions, except where a pro se litigant files a motion for the appointment of counsel, failure to file a response brief may be deemed an admission that the motion is well-taken.

(C)     The moving party may file a reply within 14 days after the response was filed.

(D)     No further briefing is permitted without prior leave.  A motion is deemed ripe for ruling at the close of the time for response.

Exhibits to Motions (See Local Rule 7.2). 

Only exhibits that are directly germane to the matter under consideration by the court may be filed.