9014-1

RULE 9014-1 CONTESTED MATTERS [Modified 9/9/13]

 

(a) Rule 9013 Governs Procedure. In any contested matter, motion practice shall be  governed by R.I. LBR 9013-1 and 9013-2.

 

(b) Rule 7026 Shall Not Apply. Federal Rule of Bankruptcy Procedure 7026 shall not apply to contested matters governed by Rule 9014, unless otherwise ordered by the court.

 

(c) Service and Certificate of Service. Unless another manner of service is ordered by the Court, the movant shall serve the motion by mail in the manner provided by Fed. R. Bankr. P. 7004. The movant shall file with the Clerk a certificate of service which complies with R.I. LBR 9013-3.

 

(d) Duty to File Joint Pretrial Statement. Where the Court determines that the filing of a Joint Pretrial Statement will facilitate and expedite the hearing of a contested matter, the parties will be directed to file a Joint Pretrial Statement within the time established by the Court, and in accordance with the requirements set forth in paragraphs (1) and (2) below and in the form described in R.I. Bankr. Form O.

 

(1) Initial Draft by Plaintiff/Movant. In all instances that require the filing of  a Joint Pretrial Statement, it is the plaintiff/movant's responsibility to prepare the initial draft of the Joint Pretrial Statement and to serve it on opposing counsel at least four business days before the Statement is due in the Clerk's office. The opposing party must submit to the movant any comments or revisions within two (2) days, to finalize the Statement. If either party fails to perform as required herein, the aggrieved party shall file a one-sided pretrial Statement, along with an affidavit stating the facts which constitute the failure to cooperate.

 

(2) Affidavit of Noncompliance. Upon consideration of an affidavit filed in accordance with paragraph (1) above and any response thereto, the Court may order that the motion or adversary proceeding proceed as a defaulted matter:

 

(A) When a matter brought by a plaintiff/movant is in default as to the filing of he Joint Pretrial Statement or any of the requirements specified therein, the Court, after notice and hearing, may in its discretion dismiss the matter for want of diligent prosecution.

 

(B) When a matter is in default by the defendant/respondent as to the filing of a Joint Pretrial Statement or any of the requirements specified therein, the Court, after notice and hearing, may in its discretion bar the defendant/respondent from presenting its defense at trial.

 

(e) Duty to Confer Prior to Evidentiary Hearing. Prior to commencement of an evidentiary hearing on a contested matter, counsel shall confer in a good faith effort to resolve the dispute, and must represent that they have so conferred (unsuccessfully), prior to the presentation of evidence. The plaintiff, the movant or the party objecting to a claim shall initiate the settlement conference.