9013-1 Motion Practice in Contested Matters-General

(a)     Form of Motions. The title of a motion shall describe the relief sought.

(b)     Opposed Motions. Unless applicable statutes or rules require notice to some or all creditors or the court orders otherwise, a movant shall determine whether a motion will be opposed by the party(ies) affected. If the motion is opposed, it shall so state. If the movant has not obtained concurrence or opposition from the affected party(ies), the motion shall recite the attempts made do so. Movant shall not assume that the nature of the motion obviates the need to seek concurrence.

(c)     Unopposed Motions. Except as otherwise provided in LBR 9013-2(c)(vi), an agreed order approved by all parties who would otherwise be entitled to notice of the motion may be submitted to the court without filing the motion unless the motion requires payment of a fee.

(d)     Notice of Deadline to Object. For opposed motions and motions requiring notice to some or all creditors, the movant shall file and serve a notice of the motion that complies with NM LBR 9004-1. Unless otherwise provided by the Bankruptcy Rules or these rules or unless extended or shortened by order of the court, the objection deadline shall be 21 days from the date of service.

(e)     Procedure If No Party Objects.  If no objection is timely filed, the movant shall promptly submit to the court a proposed form of order, reciting the notice given, specifying the method of service in compliance with BR 7004 if applicable (including to whose attention the motion and notice were mailed and whether service was made by certified mail, if BR 7004(b)(3) or (h) applies), and reciting the date of expiration of the time to object, in lieu of the default procedure set forth in BR 7055.

(f)     Procedure if a Party Objects. If an objection is timely filed, the movant shall contact the courtroom deputy for the assigned judge to request a hearing. The movant thereafter shall promptly file and serve notice of the hearing.

(g)     Alternative Procedure. As an alternative to the procedures outlined above, the movant may obtain a preliminary hearing date and time on an opposed motion by contacting the courtroom deputy for the assigned judge, and serve notice of the motion and hearing. Under this alternative, no objection deadline is set; a party in interest may either file an objection before the hearing or appear at the hearing and object. With court permission, the movant may also obtain from the courtroom deputy a final hearing date and time, and serve notice of both hearings as directed by the court.

(h)     Motions Generally Set for Preliminary Hearing. Motions will generally be set for preliminary hearing unless otherwise directed by the court. Except for hearings held pursuant to BR 4001(b)(2) or 4001(c)(2), testimony and exhibits ordinarily will not be received at preliminary hearings. Counsel shall confer prior to the preliminary hearing and be prepared to advise the court of the likelihood of settlement, the disputed and undisputed facts, their legal theories, anticipated discovery, witnesses, exhibits, and the estimated duration of a final hearing.

(i)     Briefs. Unless the court orders otherwise, or as required for motions for summary judgment pursuant to NM LBR 7056, briefs or supporting points with citations or authorities need not be submitted with a motion.

(j)     Certificate of Service. A certificate of service shall be filed for all motions and notices within a reasonable time after service. The certificate of service may be part of the motion or notice or a separate document.