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MOTION PRACTICE

• Motion Practice.  Generally, motion practice in the Complex Business Litigation Division is by written papers, without hearings.  Motions are to be in writing accompanied by a memorandum of law (see CBP 5.1).  Exceptions to this general practice are listed in CBP 5.11 – Motions Not Requiring Memoranda.

Before filing any motion, the moving party is to confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.  Every motion must include a statement certifying that the moving party has conferred with opposing counsel and that they have been unable to agree on the resolution of the motion (see CBP 5.3). 

A party opposing a motion should file a written memorandum of law in response (see CBP 5.5).  The movant may file a memorandum of law in reply (see CBP 5.7). 

• Copies to be Provided to the Court.  The parties shall provide to the Court a copy of all motions and memoranda filed with the Clerk.  Such copies shall be served in electronic format by e-mail, disk or comparable electronic data transmission.  (Email transmission is preferred by the court.)

• Hearings on Motions.
  ▪ Uniform Motion Calendar.  The Uniform Motion Calendar is reserved for uncontested matters, matters that can be heard in ten (10) minutes or less and disputes over the form of proposed orders.  (See CBP 5.14)  The court conducts a uniform motion calendar on a schedule published on this web site.
  ▪ Discovery Motions.  Discovery motions that can be argued and determined in twenty minutes or less (ten minutes per side), may be heard on the Court’s Discovery Motions Calendar.  See the schedule for this calendar posted on this web site.  Should more than twenty minutes be required, contact the Judicial Assistant to reserve a specific hearing time. 
  ▪ Generally, motions are decided by the court without oral argument (see CBP 5.1).  However, the court will grant oral argument on all dispositive motions.
  ▪ Determination of Certain Motions By Oral Argument Without Briefs.  The parties may present motions and the court may resolve disputes regarding the matters described in CBP 5.11 through the use of an expedited oral argument procedure.  Contact the Judicial Assistant to reserve a specific hearing time. 
  ▪ Requesting Oral Argument on Other Motions.  The parties may request oral argument on any motion.  To do so, a separate motion requesting oral argument must be filed stating why the party believes oral argument is sought.  If the request is granted, the Judicial Assistant will contact the parties to schedule a hearing.