(a) Form, Contents, Number of Paper Copies.
(1) Form. A motion must be in the form prescribed by FRAP 27.
(2) Motion Information Statement. The first page of the motion must be this court's Form T-1080 Motion Information Statement.
(3) Attachments. A movant must attach to Form T-1080 any affidavit or other document necessary to support the motion, and may attach a memorandum of law that complies with the length limits of FRAP 27(d)(2).
(4) Number of Paper Copies. If the motion exceeds 50 pages, the movant must submit 3 paper copies of the motion to the clerk's office.
(b) Notification; Disclosure of Opponent's Position. In a case in which all parties are represented by counsel, a motion must state: (1) that the movant has notified opposing counsel, or why the movant was unable to do so; (2) opposing counsel's position on the relief requested; and (3) whether opposing counsel intends to file a response to the motion.
(c) Authority of Clerk to Decide Motions. The clerk is authorized to decide routine, unopposed procedural motions.
(d) Emergency Motions. A motion seeking emergency or expedited relief must:
(1) be preceded by as much advance notice as possible to the clerk and to opposing counsel of the intent to file an emergency motion;
(2) be labeled "Emergency Motion";
(3) state the nature of the emergency and the harm that the movant will suffer if the motion is not granted; and
(4) state the date by which the movant believes the court must act.
(e) Motion to File Oversized Brief.
(1) Motion Disfavored. The court disfavors motions to file a brief exceeding the length permitted by LR 28.1 and 32.1(a)(4).
(2) Explanation Required. A party seeking to file an oversized brief must state the requested length and the reasons for exceeding FRAP's limitations.
(3) Time to File. A motion to file an oversized brief must be made at least 14 days before the brief is due. The court will deny an untimely motion absent extraordinary circumstances.
(f) Motion to Extend the Time to File a Brief.
(1) Extraordinary Circumstance Required. Absent an extraordinary circumstance, such as serious personal illness or death in counsel's immediate family, the court will not grant a motion to extend the time to file a brief. A deadline for a brief remains in effect unless the court orders otherwise.
(2) Prior Motion. A party seeking to extend the time to file a brief must disclose any prior motion for similar relief, the court's ruling on it, and whether any prior order stated that no further extension would be allowed.
(3) Time to File. A party seeking to extend the time to file a brief must move as soon as practicable after the extraordinary circumstance arises.
(g) Reconsideration of Orders. A motion for reconsideration of an order under FRAP 27(b) must be filed within 14 days after the date of the order. Response papers filed after the original motion was decided do not constitute a request to reconsider; a separate motion requesting that relief must be filed.
(h) Sanctions. The court may, after affording the party notice and an opportunity to be heard, impose sanctions against a party that fails to comply with this rule.
(i) Motion to Reinstate Appeal. A party that files a motion to reinstate the appeal following dismissal for failure to timely file a brief must do so within 14 days of the date of the order dismissing the appeal. The party's brief must be attached as an exhibit to the motion.
Last modified at 1/12/2017