7.2 Dispositive motions
- Definition - Dispositive motions are motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, to involuntarily dismiss an action, and other dispositive motions as defined by law. Motions for dismissal as a sanction pursuant to Federal Rules of Civil Procedure 16 or 37 shall be subject to the briefing schedule for nondispositive motions.
- Length - Briefs filed in support of or in opposition to a dispositive motion that are produced on a computer shall not exceed ten thousand eight hundred (10,800) words, to include headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, the signature block, attachments, exhibits, and affidavits. Any such brief that is hand-written or produced on a typewriter shall not exceed twenty-five (25) pages in length, similarly including and excluding items previously identified.
- Certificate of compliance - The brief must be accompanied by a certificate of compliance, indicating the number of words in the document as defined by LCivR 7.2(b)(i), as well as the name and version of the word processing software that was used to generate the word count. The word count provided by the word processing software used to create the brief may be relied upon for purposes of the certificate of compliance.
- Courtesy copy - The court may require one paper courtesy copy of all dispositive motion papers, including responses, replies and all accompanying exhibits, which must be submitted directly to the presiding judge’s chambers. It shall consist of a printed copy of the document after filing (with the header), and an NEF must be attached to the front of the paper. Any exhibits must be properly tabbed and all papers firmly bound as required by LCivR 10.2. A printed copy of the NEF must be attached to the front of the paper. The courtesy copy must be hand delivered or sent via first class mail to chambers within twenty-four (24) hours of filing the original.
- Briefing schedule - Unless otherwise ordered, any party opposing a dispositive motion shall, within twenty-eight (28) days after service of the motion, file a responsive brief and any supporting materials. The moving party may, within fourteen (14) days after service of the response, file a reply brief. A reply brief produced on a computer shall not exceed four thousand three hundred (4,300) words, to include any headings, footnotes, citations and quotations. Not to be included in the word count limit are the case caption, cover sheets, any table of contents, any table of authorities, signature block, attachments, exhibits, and affidavits. Any reply brief that is hand-written or produced on a typewriter may not exceed ten (10) pages. The court may permit or require further briefing.
- Oral argument - Any party desiring oral argument shall include a request for oral argument in the caption and the heading of the party's brief. In its discretion, the court may schedule oral argument or may dispose of the motion without argument.
Date Last Modified:
January 1, 2019