(a) Applicability. The provisions of this rule apply to all written motions filed in civil actions. (b) Filing; Proposed Orders. The original of each motion, and all affidavits and other supporting documents shall be filed with the Clerk where the action is filed. The moving party at the same time shall mail two (2) copies thereof to the Judge presiding in the action at their home office mailing address. A proposed Order shall accompany the court's copy of all motions not agreed to, the moving party shall submit two (2) orders, one(1) granting the motion and another denying the motion. (c) Responses. The original of any response to the motion, all opposing affidavits, and other supporting documents shall be filed with the Clerk where the action is filed and any response to the motion and all objections shall be filed and copies distributed as provided in Paragraph (b) of this rule. (d) Memoranda; Documents Required With Motions to Dismiss or for Summary Judgment; Failure to Submit Required Documents. At the time the motion is served, other than motions or applications which may be heard ex parte or those involving necessitous or urgent matters, counsel for movant shall mail to the Judge the original memorandum of authorities upon which he relies and pertinent portions of the pleadings filed in the case. Counsel for respondent shall submit the original memorandum of authorities in reply including any affidavits, etc., in response to motions for summary judgment and shall do so within ten (10) days after service of movant's memorandum. Counsel for movant desiring to submit a rebuttal memorandum may do so within five (5) days after the service of the respondent's memorandum. Any requests for extension of time shall be made in writing to the Judge before whom the motion is noticed. Memoranda submitted in connection with any dispositive motion shall be accompanied by separate proposed findings and conclusions. (e) Length of Memoranda. Movant's memorandum and respondent's reply memorandum shall not exceed 25 pages, and movant's rebuttal memorandum shall not exceed 15 pages. Memoranda and other submissions required by Paragraph (d), except as therein provided, are not to be filed with the Clerk's office.(f) Notice and Hearings. All motions in which a hearing is requested before Judge Sanders shall be set and governed in accordance with the instructions on her website. All motions shall be decided by the Court without a hearing or oral argument unless otherwise ordered by the Court on its own motion, or, in its discretion, upon written motion made by either counsel.
The scheduling of an evidentiary hearing or oral argument, where allowed, shall be set at such time and place as may suit the convenience of counsel and the judge assigned to the case. The Court may, in its discretion, hear oral argument by telephonic conference.
(g) Urgent or Necessitous Matters. Where the motion relates to an urgent or necessitous matter, counsel for the movant shall, prior to the filing of the motion, contact the Court Administrator, and arrange a definite time and place for the hearing of the motion. In such cases, counsel for movant shall endorse upon the motion a separate certificate giving notice to the other parties of the time and place fixed by the Court for hearing of the motion. The court, upon receipt of the motion, may, at its own discretion, direct counsel as to the submission of memorandum of authorities in support of the motion.(h) Court Reporters. The floating court reporter shall be assigned to any special judge or judicial officer appointed to hear cases in this district. (i) Untimely Motions. Any motion served beyond the motion deadline imposed in the scheduling order required by Rule 3, with the exception of in limine evidentiary motions, may be denied solely because the motion is served untimely. (j) Sanctions-Frivolous Motion or Opposition. A patently frivolous motion or opposition to a motion on patently frivolous grounds may result in the imposition of appropriate sanctions, including the assessment of costs and attorneys' fees. (k) Sanctions-Unreasonable Delays. Delays, or continuances, or waste of the court's time occasioned by the failure of a party to follow the procedures outlined in this rule may result in the imposition of appropriate sanctions, including assessments of costs and attorneys' fees. (l) In this regard, counsel shall notify the assigned Judge immediately if a submitted motion is resolved by the parties or if the case in which the motion has been pending is settled. (m) All pleadings shall, in addition to other requirements, clearly indicate the complete name, mailing address, telephone number and bar roll number of counsel filing same and shall be signed by the attorney. Any proposed order shall bear the name of the attorney submitting same.