(a)          Applicability.  As used herein, the term "motion" includes any motion, application, objection, or other request for an order or determination of the court, except one required to be commenced by complaint pursuant to Fed. R. Bankr. P. 7001. The provisions of this rule apply to all motions filed in cases, contested matters, and adversary proceedings, except as otherwise provided by law or by order of the court.  In addition to the procedures set forth herein, practitioners should review General Orders addressing issues of electronic filing practice, as well as the court’s website, for practices and procedures for individual judges. 

(b)          Placing a Motion on the Court's Calendar.

                         (1)          Hearing Judge.  Motions shall be set on the calendar of the judge to whom the case or adversary proceeding has been administratively assigned, unless counsel is specifically directed otherwise by the judge’s chambers.

                         (2)          Motion Calendars.  Motion calendars shall be held regularly in Seattle and Tacoma, and elsewhere as determined by the judges of the court (See Local Bankruptcy Rule 1072-1).  Each judge will maintain a regular motion calendar.  A schedule of the motion dates, times, and places for each judge's calendar shall be posted at the office of the clerk of court and on the court’s website, and shall be published in such publications and at such intervals as the clerk of court deems appropriate.

                         (3)          Special Settings.  A party desiring an evidentiary hearing with live testimony shall request a special setting from the judge's chambers.

                         (4)          Party Responsible for Obtaining Hearing Date.  The moving party shall be responsible for obtaining a hearing date.

                         (5)          Confirmation of Hearings.  If an objection or response is filed to a motion that has been set for a hearing, a party must confirm the hearing for argument, including a hearing on a continued or rescheduled motion. A registered ECF filer shall confirm a hearing by docketing a notice of intent to argue linked to the motion prior to the scheduled hearing date in accordance with the deadlines set forth in subsection (d)(8) below.  An unrepresented individual shall confirm a hearing by calling the judge's chambers by the deadlines set forth in subsection (d)(8) below. Failure to confirm a hearing where confirmation is required may result in the motion being stricken.

                         (6)          Settlement.  Parties shall docket a notice to the court of settlement or withdrawal of a motion as soon as practicable.  This provision does not excuse compliance with Fed. R. Bankr. P. 2002(a)(3) or Fed. R. Bankr. P. 7041.

                         (7)          Continuance.  A party who dockets a notice requesting a continuance of a hearing on a motion is affirmatively representing to the court that consent to the continuance has been obtained from all parties who have filed an objection or response.

                         (8)          Striking or Withdrawing a Motion.  The moving party shall not strike or withdraw a motion after an objection or response has been filed without first obtaining the consent of the responding party.

(c)          Notice of Motion.

                         (1)          By Whom Given.  Except as otherwise provided in Local Bankruptcy Rule 2002-1(b) or other applicable rules, notice of a motion shall be given by the moving party.

                         (2)          To Whom Given.  The types of notices specified in Fed. R. Bankr. P. 2002(a), must be given to the debtor, the debtor's attorney, the trustee, all creditors, all indenture trustees, and any persons requesting special notice under Fed. R. Bankr. P. 2002(i).  As to notices not specified in Fed. R. Bankr. P. 2002(a), notice of motions shall be given to all parties in interest.  Motions for relief from stay, use of cash collateral and financing shall also comply with Local Bankruptcy Rule 4001-1 and 4001-3, respectively.

                         (3)          Contents of Notice.  Every motion shall be set for hearing, and the moving party shall give notice of the motion and the hearing. 

                                        (A)  The notice may be combined with the motion, provided that (i) the caption so indicates, (ii) the notice is the first part of the text of the pleading, and (iii) the parts are separately headed. 

                                        (B)  The notice shall clearly state (i) the date, time and place of hearing, (ii) the nature of relief requested and the grounds therefor, unless the notice and motion are combined, (iii) that any party opposing the motion must file and serve a written response by the response date, which shall be set out, and (iv) that if no response is filed by the response date, the court may in its discretion grant the motion prior to the hearing, without further notice.  The notice shall substantially comply with Local Bankruptcy Form 1 (Notice of Motion and Hearing).

(d)          Motions - Requirements.

                         (1)          Form of Motions, Briefs, or Memoranda

                                        (A)  Required Documents.  The moving party shall include in or with its motion (i) a statement of all reasons in support thereof, together with a memorandum of points and authorities as is necessary to support such motion, and (ii) all affidavits, declarations and photographic or documentary evidence to be presented in support of the motion.

                                        (B)  Notation of Judge, Chapter, Location, Date, Time of Hearing, and Response Date.  The name of the assigned judge, the chapter under which the case is pending, and the location, date and time of hearing, and the response date shall be noted on the top right-hand corner of the motion, notice of hearing, response and reply.

                                        (C)  Length of Memoranda.  Without prior court approval, opening and responsive memoranda relating to motions for summary judgment or other dispositive motions shall not exceed 24 pages, and opening and responsive memoranda for all other motions shall not exceed 12 pages.  A reply brief shall not exceed ½ the permitted length of the opening brief without prior approval of the court.

                                        (D)  Proposed Orders.  A copy of a proposed order, except one requested ex parte or by stipulation, shall be attached as an exhibit to the motion as a separate document.  Opponents may propose alternative orders in the same fashion.  Orders and judgments shall be formatted in accordance with Local Bankruptcy Rule 9021-1. Original orders should not be filed in advance of the hearing nor electronically uploaded in the court’s electronic case filing system, except as permitted in Local Bankruptcy Rule 9013-1(f)(2).

                         (2)          Filing and Service - Time.                                                          

                                        (A)  Service of Motion and Supporting Papers.  In adversary proceedings, in addition to service of the motion, notice and similar papers as specified in Fed. R. Bank. P. 7005, all supporting memoranda of law, briefs, and other documentation shall be filed and served upon every party.  In contested matters, in addition to service of notice and the motion as specified in Fed. R. Bank. P. 9014, all supporting memoranda of law, briefs, and other documentation shall be filed and served upon the parties against whom relief is sought.                 

                                        (B)  Filing of Proof of Service.  Proof of any conventional (non-ECF) service of the notice and the motion shall be filed by the response date.

                                        (C)  Claims Objections.  Objections to claims shall be filed and served at least 30 days preceding the date fixed for hearing.  Objections to claims shall also comply with Local Bankruptcy Rule 3007-1.         

                                        (D)  Motions for Summary Judgment and Lien Avoidance.  Motions for summary judgment and lien avoidance shall be filed and served at least 28 days preceding the date fixed for hearing. 

                                        (E)  Cash Collateral Motions.  Emergency motions for authorization to use cash collateral or to obtain credit shall be scheduled for hearing with such notice as the court shall prescribe, in accordance with 11 U.S.C. § 363(c)(3) and Fed. R. Bankr. P. 4001(b) and (c).

                                        (F)  All Other Motions.  All other motions and/or notice thereof shall be filed and served upon the appropriate parties at least 21 days preceding the date fixed for hearing unless a longer period of notice is ordered by the court or prescribed by the Federal Rules of Bankruptcy Procedure or these Local Bankruptcy Rules.

                         (3)          Motions to shorten time or limit notice.

                                        (A)  Grounds.   Motions to shorten time or limit notice are disfavored.

                                       (B)  Notice Required.  The motion requesting an order shortening time or limiting notice along with the underlying motion papers and a proposed form of order shortening time or limiting notice, shall be filed and served on all parties entitled to notice of the underlying motion unless otherwise ordered by the court.

                                       (C)  Ex Parte Applications.  A motion requesting an order shortening time or limiting notice may be granted ex parte in the court’s discretion.  In the absence of a stipulation signed by counsel for all parties having an interest in the motion including the trustee, the applicant’s attorney shall certify in writing the efforts that have been made to give notice to those parties and the reasons why further notice should not be required.

                                       (D)  Hearing on the Motion to Shorten Time or Limit Notice.  Hearing on the motion to shorten time or limit notice may be scheduled at the court’s discretion.

                         (4)          Copies to be Served on Chambers.  Copies of filed documents are required to be delivered to chambers in accordance with each Judge's procedures, which can be found on the court's website.

                         (5)          Responses. 

                                        (A)  Response Required.  Unless otherwise ordered by the court, each party opposing a motion shall file and serve responsive papers not later than 7 days prior to the date set for hearing subject to the provisions of subsection (d)(5)(B) below.  See also subsection (d)(8) below.

                                        (B)  Effect of Continuance on Timing of Response.  If a hearing date is continued prior to the deadline to respond, the response date shall be continued to not later than 7 days prior to the continued hearing date, unless otherwise ordered by the court.  If a hearing date is continued after the deadline to respond, the response date will not be continued absent express consent by the movant.

                         (6)          Reply Permitted.  The moving party may file and serve papers in strict reply to any response. The deadline for filing a reply is set forth in section (d)(8) below.   No additional replies will be considered by the court, unless otherwise ordered.

                         (7)          Noncompliance.  Failure of a party to file and/or serve the papers as required by this rule may be deemed by the court to be an admission that the motion, or opposition to the motion, as the case may be, is without merit.

                         (8)          Briefing Schedule on Motions.  Unless otherwise ordered by the court, responsive papers, replies, and confirmation of hearings shall be filed as set forth below:

* All references in these columns are to days of the week preceding the hearing date.  In the event any of the days falls upon a legal holiday, then the deadline for the event shall be determined by counting backward until a day that is not a Saturday, Sunday or legal holiday.

(e)          Hearings.

                         (1)          Appearance at Hearings Required.  Except as provided in subsection (f)(2) of this rule, appearance is required at all scheduled hearings.  Failure to appear at the date and time appointed for hearing may be deemed by the court to be an admission that the motion, or the opposition to the motion, as the case may be, is without merit.

                         (2)          Motion Calendars Shall Not Include Oral Testimony.  The court will not hear oral testimony on the regularly-scheduled motion calendars unless approved in advance by the court.  Parties desiring to submit oral testimony must seek a special setting as set forth in subsection (b)(3) herein.

(f)           Default.  With the exception of motions subject to Fed. R. Bankr. P. 7056, if no opposition to a motion has been timely filed and served, in accordance with Local Bankruptcy Rule 9013-1(d)(5), the court in its discretion may:

                         (1)          grant the motion by default at the hearing, or

                         (2)          grant the motion prior to the time set for hearing, upon the moving party’s uploading of a received unsigned order, accompanied by proof of the service and a declaration of no objection stating the date of service of the notice of the motion and that no objections were timely received.

(g)          Ex Parte Motions.

                         (1)          Contents of Motion.  Every ex parte motion, except those for routine administrative orders, shall (A) allege specific facts forming the basis of the request, (B) cite the statute or rule authorizing the court to act, and (C) state specific reasons why the court should proceed without notice or a hearing.  If the motion arises in an adversary proceeding or a contested matter as defined in Fed. R. Bankr. P. 9014, the moving party shall, in addition, describe (D) what immediate and irreparable injury, loss or damage will result to the movant before the adverse party or his attorney can be heard in opposition; and (E) the efforts, if any, which have been made to give notice to the adverse party and his attorney.

                         (2)          Ex Parte Orders.  An ex parte order shall contain the words "ex parte" in its title.

                         (3)          Appointment of Professionals.  Ex parte motions for the appointment of professionals must also comply with Local Bankruptcy Rule 2014-1.

                        (h)          Motions for Reconsideration.  Local Rules W.D. Wash. LCR 7(h) governs motions for reconsideration, except that such motions shall be filed and served within 14 days after entry of the judgment or order, and shall not be noted for hearing unless oral argument is requested by the court.  The opposing party shall not respond to a motion for reconsideration unless requested to do so by the court.

(i)           Presentation of Orders.  Unless the court directs otherwise, a party presenting an order for entry after the hearing on a motion shall serve copies on the parties that were present at the hearing and, unless agreement is reached as to the form of the order, shall give at least 7 days' notice of the time, date and place of presentation. Any party opposing entry of the order shall file and serve an objection not later than 3 days prior to the date set for presentation.  Any such objection shall state with particularity the reasons for the objection and shall include as an attachment an alternate order.  If no objections are timely filed, a declaration of no objection may be filed and the  order noted for presentation may be submitted as a received unsigned order. 

(j)           Motions for Post-Confirmation Plan Modification.  Motions for post-confirmation plan modification in chapter 13 cases shall comply with Local Bankruptcy Rule 3015-1(j). 

(k)          Chapter 13 Voluntary Dismissal Orders. An order dismissing a chapter 13 case on motion by the debtor shall conform to Local Bankruptcy Form 13-1. If the motion is ex parte, (1) the words “ex parte” shall be added to the title of the order and (2) the debtor shall obtain the chapter 13 trustee’s authorization prior to filing the order as a received unsigned order. Ex parte dismissal orders shall be sent to the Seattle chapter 13 trustee at courtmail@seattlech13.com and to the Tacoma chapter 13 trustee at specialcounsel@chapter13tacoma.org.

(l)           Chapter 13 Real Property Sales. A chapter 13 debtor seeking to sell real property shall file a motion requesting approval to sell the property, the purchase and sale agreement and any amendments, and a declaration of the debtor indicating whether the sale is an arm’s length transaction for fair market value. The debtor shall also file an estimated settlement statement prior to the response date for the motion.

Committee Comment

Federal Rule of Bankruptcy Procedure 9006(f), which requires an additional three days of notice in certain circumstances, does not apply to motions governed by Local Bankruptcy Rule 9013-1.  Federal Rule of Bankruptcy Procedure 9006(f) is not applicable because a respondent’s deadlines under Local Bankruptcy Rule 9013-1(d)(5) and (8) are based on the hearing date, not the date the motion was filed.  There is no “right or requirement to act…within a prescribed period after being served.”     

Regarding Local Bankruptcy Rule 9013-1(f), practitioners should consult applicable authority, including Heinemann v. Satterburg, 731 F.3d 914 (9th. Cir 2013), to determine the appropriate procedure to resolve uncontested motions for summary judgment.