A motion to withdraw the reference shall be filed in this court. Once a district court judge has been assigned, any subsequent papers relating to the motion shall be filed in this court and the district court.
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A motion to abstain shall be deemed timely filed as follows:
(a) Bankruptcy Case. In a bankruptcy case, if filed within 30 days after the conclusion of the meeting of creditors.
(b) Adversary Proceeding. In an adversary proceeding, if filed by the deadline to respond under BR 7012 or, if the proceeding was removed to the bankruptcy court, within 21 days after the notice of removal was filed. If the motion to abstain is denied, the deadline to file an answer or other responsive pleading shall be extended until 14 days after entry of the denial order.
(c) Contested Matter. In a contested matter, if filed by the objection deadline for the contested matter. If the motion to abstain is denied, the deadline to object shall be extended until 14 days after the entry of the denial order.
No cameras, transmitters, receivers, or recording equipment may be brought into or used in any court environs (i.e. the entire floor where a bankruptcy courtroom, judge’s chambers, or creditors’ meeting room is located); provided, however, that this rule does not apply to 1) a stenographic or recording device used by an official court reporter, trustee, other authorized court or United States trustee personnel; 2) equipment used during an investiture, ceremonial, or naturalization proceeding; 3) a cell phone, tablet, or computer that includes a camera or audio recorder, if the camera/recorder is turned off; or 4) a device required because of a person’s disability. The U.S. Marshals Service may impound any above-described equipment brought into the court environs, unless one of the exceptions applies.
A transcript of a court proceeding shall include the name of the entity who ordered the transcript.
In addition to the persons entitled to notice under the Bankruptcy Code and Rules, notice of all motions related to executory contracts or unexpired leases shall be served on entities entitled to notice under the terms of the subject contracts or leases, and on all parties to such contracts or leases.
In an individual Chapter 7 or 13 case, a creditor seeking relief from the automatic stay with respect to an debtor’s principal residence or personal vehicle may simultaneously request abandonment of that asset from the estate.
All motions filed in adversary proceedings shall be served on opposing parties. Responses shall be due within 21 days after service. Optional replies shall be due within 14 days after service of the response. Briefs are optional unless otherwise ordered by the court. The court may grant the requested relief by default if no response is timely filed. The movant may obtain a hearing on a motion by contacting the courtroom deputy for the assigned judge. Hearings may either be preliminary or final, in the Court’s discretion, but shall be so described in the notice of hearing. This rule does not apply to motions for summary judgment (See NM LBR 7056).
Pretrial orders shall substantially conform to the form promulgated by the judge assigned to the adversary proceeding. Any party who does not cooperate in preparing the joint pretrial order in a timely manner may be subject to sanctions, including preclusion from calling witnesses or submitting exhibits at trial. The opposing party may file a motion seeking entry of a pretrial order in the form prepared by that party, setting forth the details of the other party’s lack of cooperation.
(a) Application of FRCP 26. Unless the court orders otherwise, FRCP 26(a), 26(d)(1), and 26(f) shall not apply in contested matters or adversary proceedings.
(b) Format. The proponent of written discovery shall give the recipient a copy of the discovery requests in Word or WordPerfect format. Responses shall include a restatement of each interrogatory or request. Each interrogatory or request shall be numbered sequentially across sets, e.g., first set, numbered 1-5; second set, numbered 6-10; etc.
(c) Filing Discovery Documents. Discovery requests and responses shall not be filed in the bankruptcy case or an adversary proceeding except in connection with a motion to compel, for a protective order, or for discovery sanctions. Certificates of service of discovery requests and responses, and of deposition notices, shall be filed within a reasonable time after service.
(a) Notices of Deposition. Counsel shall confer about the scheduling of depositions before serving deposition notices. Unless otherwise agreed by the parties or ordered by the court, notices of deposition shall be served at least ten days before the scheduled deposition.
(b) Non-appearance. Failure of a deponent to appear at the time and place designated may result in sanctions pursuant to BR 7037 or 9016, unless a motion for protective order and a notice of non-appearance are served at least three days before the scheduled deposition. Frivolous motions or motions filed for dilatory purposes may also result in sanctions.
(c) Deposition Fees. A court reporter must certify in a deposition transcript the reporter’s fees for the deposition.
(d) Depositions Not Filed. Unless the court orders otherwise, deposition transcripts and certificates of completion of depositions shall not be filed.
(a) Motion to Tax Costs; Bill of Costs. Within 14 days after entry of a final judgment or order, a party may file and serve upon all adverse parties a motion to tax costs. The motion shall include a bill of costs verified pursuant to 28 U.S.C. § 1924 that itemizes the costs claimed under 28 U.S.C. § 1920. Copies of receipts, billings, and payments shall be attached to the bill of costs.
(b) Objections. Notice of a motion to tax costs shall give adverse parties 14 days to file and serve objections.
(c) Taxation by Clerk. Unless otherwise ordered, the clerk will tax costs without a hearing if no objections are timely filed. A request for court review of the clerk’s action must be filed within 14 days after entry of the clerk’s order taxing costs.
(d) Allowable Costs.
(1) Transcripts. The cost of an original trial or hearing transcript is taxable when authorized by the court before transcription. The reporter’s charge for the original or a copy of a deposition transcript is taxable when the transcript was reasonably necessary to the litigation, as determined by the court.
(2) Fact and Expert Witness Costs. Witness fees, mileage, and subsistence costs are taxable if the witness testified at trial, or at a deposition found reasonably necessary to the litigation. The request to tax witness costs shall separate fees, mileage, and subsistence costs. A testifying party may not receive witness fees, mileage, or subsistence costs, so no such expenses can be taxed. An expert witness fee is not taxable unless the court appointed the expert and approved the fee. Witness fees, mileage, and subsistence costs for an expert witness not appointed by the court are taxable the same as, and subject to the same restrictions as, lay witnesses fees, mileage, and subsistence costs.
(3) Interpreter and Translator Fees. An interpreter’s fee is taxable if the interpreted witness’s costs are taxable. A translator’s fee is taxable if the translated documents were admitted into evidence.
(4) Document Copies. The cost of copying exhibits is taxable when the exhibits are requested by the court or admitted into evidence. The cost of copying 8” x 10” or smaller photographs is taxable if the photographs are admitted into evidence. The following costs are not taxable unless the court orders otherwise: the cost of copying photographs larger than 8” x 10”; the cost of charts or models; and the cost of compiling summaries, computations, or statistical comparisons.
(5) Jury Costs. All jury costs, mileage, and allowances for subsistence are taxed equally to all parties when a jury trial is settled or otherwise disposed of in advance of trial or during trial but prior to verdict. No assessment will be made if the clerk is notified of the settlement before noon on the business day before the action is set for trial or if good cause is shown.
(b) Response. A response to the motion shall contain a concise statement of the material facts the respondent contends are in genuine dispute. Each such fact shall be numbered, shall refer with particularity to the portions of the record relied upon, and shall state the number of the movant’s alleged fact that is disputed. All facts in movant’s statement of facts that are properly supported shall be deemed admitted unless respondent specifically controverts them.
(c) Response and Reply Deadlines. The deadline to respond to a summary judgment motion is 21 days after service. The deadline for an optional reply in support of a motion for summary judgment is 14 days after service of the response.