9013-1

RULE 9013-1 MOTIONS, BRIEFS AND MEMORANDA OF LAW [Modified 9/9/13]

 

(a) Contents of Motions. The party filing a motion, application, petition [not including bankruptcy petition], objection to claim or objection to exemption (the "paper”), excluding those motions set forth in subdivision (d) below, and the party(ies) responding to any such paper, shall include with or within the paper points and authorities in support of said party’s position, together with any verified statement or unsworn declaration or other material in support of said paper. Specific reference to the applicable provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, the Rhode Island General Laws or other controlling authorities is required.

 

(b) Length and Form of Motions, Memoranda, Responses and Replies. Except with leave of Court, initial motions, responses, briefs and memoranda of law shall be limited to twenty (20) pages, and reply briefs shall be limited to ten (10) pages. All motions/responses shall contain the full caption of the case, including the bankruptcy case number, the adversary proceeding number, if applicable, and the chapter of the case. All text shall be double spaced, on 8 ½" x 11" paper, and the type set (font size) in the body shall not be less than 11 point. Footnotes shall not be less than 10 point, and may not contain material that belongs in the body of the text or argument, i.e., footnotes may not be used to circumvent the page limit imposed by this Rule.

 

(c) Response Time Required on All Motions. See R.I. LBR 1005-1(d).

 

(d) Excepted Motions Where No Separate Legal Authority is Required, Unless Otherwise Ordered:

 

(1) Motion to extend time or continue hearing date;

 

(2) Motion to assign for hearing;

 

(3) Motion to add creditor(s), except in reopened cases;

 

(4) Motion to amend schedules;

 

(5) Motion to compel.

 

(e) Motions to be Excused from Court. Whenever an attorney seeks to be excused from court, a motion shall be made in accordance with this local rule. The following information shall be included in the motion:

 

(1) Motion shall be in pleading format. The motion shall substantially comply with the form found in R.I. Bankr. Form Y, and shall include a heading at the top and a signature line at the bottom;

 

(2) The motion shall clearly state the time period sought for excusal from court;

 

(3) The motion shall state the reason for the excusal request;

 

(4) The motion shall contain the following language, "I have no matters scheduled for hearing in the Bankruptcy Court during said time period”. If movant does have a matter scheduled for hearing, he/she must first file a Motion to Continue the hearing. If the continuance is granted, movant may then file the Motion to be Excused. Alternatively, movant may indicate that he/she has made arrangements for a substitute attorney to appear in their absence (substitute attorney must be a member of the RI federal bar);

 

(5) The motion may be filed in paper, or alternatively, may be filed electronically by email to rib_helpdesk@rib.uscourts.gov.  The subject line of the email must state “Motion for Excusal”.  Do not file such motions in the ECF filing system.

 

(6)  If you desire a copy of the Order determining the Motion for Excusal, a copy of the motion and a self-addressed stamped envelope must be included with the paper filed motion.  Motions for Excusal filed by email will receive a copy of the Order by reply email.

 

(7) An order granting a motion to be excused ONLY excuses counsel from court appearances during the period requested. Said order does not excuse counsel from court filing deadlines or from attendance at any Section 341 Meeting of Creditors. Excusal from a Section 341 meeting must be given by the trustee conducting the meeting

 

(8) Failure to comply with the requirements contained in this rule will result in the issuance of a notice of defective pleading and will delay the disposition of the motion.