9013-2

RULE 9013-2 MOTION PRACTICE [Modified 9/9/13]

 

(a) Action Without Hearing. The Court may act upon a motion without a hearing under appropriate circumstances, including the following:

 

(1) Absence of Objection. If no objections are filed to a motion, petition [not including bankruptcy petition], application, objection to claim or objection to exemption within the time prescribed in R.I. LBR 1005-1(e) or such other time as provided in the Federal Rules of Bankruptcy Procedure or established by the Court, the paper will be deemed unopposed and will be granted, unless:

 

(A) the requested relief is prohibited by law;

 

(B) the requested relief is against public policy; or

 

(C) in the opinion of the Court, the interest of justice requires otherwise.

 

(2) Other Circumstances. The Court may act on a motion, petition [not including bankruptcy petition], application or objection to claim prior to or after the expiration of the objection period without a hearing in appropriate circumstances, including but not limited to:

 

(A) Non-adversarial motions of a routine nature;

 

(B) Motions to which parties-in-interest have consented;

 

(C) Motions that are frivolous in light of the law and the established facts of the case;

 

(D) Motions that are opposed only by objections which are, considering the law and the established facts of the case, frivolous; or

 

(E) Where, upon consideration of the written submissions, the Court does not believe a hearing is necessary or will assist with the disposition of the matter.

 

(b) Scheduling of Motion for Hearing. If, in the opinion of the Court, a motion, petition [not including bankruptcy petition], application, objection to claim or objection to exemption, and any objections or responses thereto, is required to be or should be scheduled for hearing, the movant will be notified by the Clerk’s office of the scheduled hearing date and will be required to serve on all interested parties a copy of the Notice of Hearing. Absent a request for expedited or emergency hearing, or by other order of the Court, the Clerk will schedule the matter for hearing no less than fourteen (14) days from the date the hearing notice is issued. In cases where the Federal Rules of Bankruptcy Procedure provide for a notice period in excess of fourteen (14) days, their provisions control, absent a motion seeking, and an order granting, shortening of the notice period.

 

(c) Joint Pretrial Statement Requirement. If the Court determines that the filing of a Joint Pretrial Statement is necessary, the contesting parties will be notified and ordered to file a Joint Pretrial Statement by a date certain. Failure to comply may result in action by the Court in accordance with R.I. LBR 9014-1(d).

 

(d) Emergency or Expedited Determination; Single Motion for Both Relief and Determination

 

(1) Expedited Determination:  If movant seeks to have a motion considered by the Court on an expedited basis (e.g., before the objection period expires), the caption of the motion for relief shall include the language "Request for Expedited Determination."

 

(A) Contents of Request for Expedited Determination. The request shall set forth in detail the facts and circumstances which justify expedited treatment of the underlying motion. To the extent the Court is able to accommodate requests for expedited consideration, it will make every effort to do so. Where, however, the expedited nature of the request is due to lack of diligence by a party or counsel, or because of a deadline imposed by agreement, the Court may refuse to grant expedited consideration.

 

(B) Limited Notice. If the facts and circumstances supporting the request for expedited determination warrant limited notice, the request for expedited determination shall include a request that notice be limited to designated recipients and shall, in addition, recommend a practical manner of notice reasonably calculated to inform affected parties of the pending motion and that a determination of the motion will take place on an expedited basis. It is the duty of the party seeking expedited determination and limited notice to make a good faith effort to advise all affected parties of the pending motion and of the time and date of the hearing, if any. Such good faith efforts may include providing notice of the substance of the motion and of the date and time of the hearing by telephone, email or by facsimile transmission.

 

(C) Responses to Expedited Motions. Written responses are required to expedited motions within seven days. See R.I. LBR 1005-1(d)(2)(F). The content of responses to expedited motions shall, to the extent possible, include the information required for responses to non-expedited motions.

 

(D) Hearings on Expedited Motions. The Court shall set the conditions for hearing, and shall schedule and conduct the hearing, telephonically or otherwise, as appropriate under the circumstances.

 

(2) Emergency Determination. If a movant seeks to have a motion considered by the Court earlier than seven days after the motion is filed, the caption of the motion for relief shall include the language "Request for Emergency Determination,” and shall call the Clerk’s attention to the emergency filing.

 

(A) Contents of Request for Emergency Determination. The request shall set forth in detail the facts and circumstances which justify emergency treatment of the underlying motion. To the extent the Court is able to accommodate request for emergency consideration, it will make every effort to do so. Where, however, the emergency nature of the request is due to lack of diligence by a party or counsel, or because of a deadline imposed by agreement, the Court may refuse to grant emergency consideration.

 

(B) Limited Notice. If the necessity of an emergency determination precludes the movant’s ability to provide notice in the manner and to the parties otherwise required by these LBR’s or the Federal Rules of Bankruptcy Procedure, the motion for emergency determination shall include a request that notice be limited to designated recipients and shall, in addition, recommend a practical manner of notice reasonably calculated to inform affected parties of the pending motion and that an emergency determination will take place. It is the duty of the party seeking an emergency determination to make a good faith effort to advise all affected parties of the motion and of the time and date for hearing, if any. Such good faith efforts may include providing notice of the substance of the motion and of the date and time of hearings by telephone, email or by facsimile transmission. Such efforts may, and in appropriate circumstances should, include attempts to provide notice of the motion and hearing in advance of filing the motion or prior to entry of an order limiting notice.

 

(C) Responses to Emergency Motions. Written responses are required to emergency motions within the time established by the Court. If no response time is established by the Court, responses may be filed up to the time that the hearing is convened.

 

(D) Hearings on Emergency Motions. The Court shall set the conditions for the emergency hearing, and shall schedule and conduct the hearing, telephonically or otherwise, as appropriate under the circumstances.

 

(E) Duty of the Movant and Counsel to Be Available. Upon the filing of a request for emergency treatment of a motion, the movant and his/her/its counsel have a duty to be available, and to remain available, for immediate hearing or contact by the Court with respect to the emergency request.

 

(f) Ex Parte Motions. A motion seeking ex parte relief may be filed only in circumstances in which immediate action is required to maintain the status quo until an appropriate hearing on notice can be conducted. A motion for ex parte relief shall be verified or supported by affidavit and shall set forth specific facts and circumstances necessitating ex parte relief. The motion shall include a statement as to why proceeding under this LBR’s procedures for expedited or emergency determination is not practical. All orders or proposed orders providing ex parte relief shall include the finding that the relief requested could not be delayed and that affected parties may request a hearing on the subject matter addressed by the ex parte motion by filing a motion for review of the ex parte relief. The Court shall schedule a hearing on such a post-order motion, if appropriate, as soon as practicable.

 

CROSS REFERENCE See R.I. LBR 5005-4 (Electronic Filing)