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9013-3 Scheduling Hearings

(a)   Motion Day - Matters Other Than Chapter 13 Cases.

(1)      Motions in chapter 7, 11 or 12 cases or adversary proceedings shall be noticed for a hearing only on dates and at times posted on the court's website, www.lamb.uscourts.gov.

(2)      Movers reasonably anticipating that a motion will require more than 20 minutes for testimony and argument should file an ex parte motion for a special setting before noticing the substantive motion for hearing. The court on its own motion may reschedule the hearing on any matter to a date and time that will not delay other matters on a hearing day docket.

(3)      Parties intending to introduce evidence at the hearing shall give notice to the court and all opposing parties no later than five days before the hearing.

(b)   Motion Day; Chapter 13 Cases.

(1)      Motions in chapter 13 cases shall be noticed for a hearing only on dates and at times posted on the court's website, www.lamb.uscourts.gov.

(2)      Movers reasonably anticipating that a motion will require more than 20 minutes for testimony and argument should file an ex parte motion for a special setting before noticing the substantive motion for hearing. The court on its own motion may reschedule the hearing on any matter to a date and time that will not delay other matters on a hearing day docket.

(3)      Parties intending to introduce evidence at the hearing shall give notice to the court and all opposing parties no later than five days before the hearing.

(c)   Notice of Hearing.

(1)      Modification of a Confirmed Plan.. Modified plans shall be noticed for hearing on the first motion day that is not fewer than twenty-eight days after the date on which the modified plan is filed.

(2)      Motions Other than for Stay Relief or Conversion. Motions shall be noticed for hearing on the first motion day that is no fewer than twenty-one days after the date on which the motion is filed, except as otherwise specifically provided by the FRBP or court order.

(3)      Motions for Stay Relief (all chapters).

(i)      If a motion for relief from the automatic stay under 11 U.S.C. §362(d) cannot be noticed for hearing more than twenty one days and fewer than thirty days after filing, the mover shall request an expedited hearing pursuant to Local Rule 9013-3(d).

(ii)      If the motion recites the mover's consent to maintenance of the automatic stay, the motion may be noticed for a hearing more than thirty days after filing.

(4)      Motions to Convert (chapter 11 cases). If a motion to convert or dismiss under 11 U.S.C. §1112(b)(3) cannot be noticed for hearing more than twenty one days and fewer than thirty days after filing, the mover shall request an expedited hearing pursuant to Local Rule 9013-3(d).

(d)   Expedited and Emergency Hearings.

(1)      Separate Motion Required. Expedited or emergency relief shall be sought by separate motion specifying the facts supporting the request. The motion shall recite that all parties entitled to notice of the request have consented to an expedited or emergency hearing. If a mover cannot reasonably obtain the agreement of all other parties, the request shall describe the facts supporting the need for expedited or emergency relief, and the reasons other parties entitled to notice have not consented.

(2)      Proposed Order. Upon filing the motion, the mover shall submit a proposed order pursuant to Local Rule 9013-5 granting the expedited or emergency hearing and including a proposed deadline for objections. The mover shall not file or serve the notice of hearing until the court has granted the motion for an expedited or emergency hearing.

(3)      Noticing Emergency or Expedited Matters. Except as otherwise ordered, the mover shall give notice of the setting of an emergency or expedited hearing by facsimile, electronic mail, courier or other method designed to ensure that parties entitled to notice timely receive actual notice of the setting.