Judge Chad K. Alvaro
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Memoranda, Case Law, Other Hearing Materials
Court-wide- Before Hearing
Memoranda, Case Law, Other Materials
Court-wide- At Least 5 Court Days Before Scheduled Hearing
Adjournments
- A party may request an extension to file a response when the supporting documents are unavailable.
- A motion for additional filing time must include a proposed order and show that the supporting documents are unavailable or cannot be filed with the motion or response.
- A motion to extend the discovery period or obtain additional discovery must be filed before the discovery period expires, demonstrate good cause, and show that the parties diligently pursued discovery; additional depositions usually require exceptionally good cause.
- +1 more
Request must include
Communication
Phone
Court-wideClerk
Phone
Court-wideClerk
Clerk
Chambers
Phone
Court-wideChambers
Page & Word Limits4 rules
The signature block, certificate of service, certificate of good faith conference, and case caption are excluded from the page-limit calculation.
For the purposes of calculating the page limits, the signature block, certificate of service, certificate of good faith conference and case caption are excluded.
Motion
A memorandum of law may support only one motion, and the motion and memorandum together may not exceed 25 pages.
Any memorandum of law shall be filed in support of one motion only and the motion and memorandum shall not exceed twenty-five (25) pages in length, in total.
Motion
25 pages
A reply memorandum may address only matters raised in the opposition and may not exceed 10 pages.
A reply memorandum is limited to discussion of matters raised in the memorandum in opposition and shall not exceed ten (10) pages in length.
Reply Memorandum
10 pages
An opposition memorandum may not exceed 25 pages.
Memoranda in opposition shall not exceed twenty-five (25) pages in length.
Opposition Memorandum
25 pages
Document Format Requirements7 rules
Oral-argument materials exceeding 50 total pages may be delivered only on a USB drive.
If such materials exceed fifty (50) pages in total, then the parties shall deliver the materials only on a USB drive.
Electronic oral-argument materials must be indexed, with hyperlinks to each indexed document, exhibit, or case.
Parties must insure that the electronic copy of the materials is indexed and that the index contains a hyperlink to the document/exhibit/case indexed.
All motions and memoranda must be double-spaced, use either Times New Roman 14-point or Courier New 12-point, and have margins of at least one inch.
All motions and memoranda shall be double-spaced and in Times New Roman 14-point font or Courier New 12-point font. Page margins shall not be less than 1 inch.
The single set of jury instructions and verdict form must be submitted with the Joint Final Pretrial Statement on a USB drive in Word format.
The parties shall submit a USB drive in Word format containing the single set of jury instructions and verdict form with the Joint Final Pretrial Statement.
For a non-jury trial, a USB drive in Word format must accompany the Trial Memoranda submitted at least ten days before trial.
In the case of a non-jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties shall file and serve Trial Memoranda with proposed findings of fact and conclusions of law, together with a USB drive in Word format.
Exhibits and evidence for a videoconference hearing must be provided to opposing counsel and the court at least three business days before the hearing, and each item must bear an exhibit tag identifying the case name, case number, propounding party, and identification number.
Any exhibits or evidence to be used in a videoconference hearing must be provided to opposing counsel and to the court three business days prior to the hearing. All exhibits or evidence so provided shall bear exhibit tags marked with the case name, case number, identity of the propounding party and an identification number.
Trial Memoranda submitted in a jury trial must be accompanied by a USB drive.
In the case of a jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties may file and serve Trial Memoranda, together with a USB drive.
Document Filing Requirements39 rules
Unless made orally during a hearing or trial, each motion must be accompanied by a memorandum of law, subject to BCP 5.12.
All motions, unless made orally during a hearing or a trial, shall be accompanied by a memorandum of law, except as provided in BCP 5.12.
Document Type
Motion
The court may sua sponte deny any motion lacking an appropriate and complete Certificate of Good Faith Conference.
The court will sua sponte deny motions that fail to include an appropriate and complete Certificate of Good Faith conference under this section.
Document Type
Motion
Every motion must state its grounds with particularity, cite the statutes or procedural rules relied upon, and state the relief sought.
All motions shall: (1) state with particularity the grounds for the motion; (2) cite any statute or rule of procedure relied upon; and (3) state the relief sought.
Document Type
Motion
Factual statements in a motion for summary judgment must be supported by specific citations to the supporting documents.
Factual statements in a motion for summary judgment shall be supported by specific citations to the supporting documents.
Document Type
Summary Judgment Motion
The Certificate of Good Faith Conference must state the conference date, participating attorneys, and specific results achieved.
The Certificate of Good Faith Conference shall set forth the date of the conference, the names of the participating attorneys and the specific results achieved.
Document Type
Certificate Of Good Faith Conference
Motions are ordinarily decided on the written record without oral argument; a party seeking oral argument must file a separate motion and submit a proposed order with service copies and stamped envelopes.
Motions shall be considered and decided by the court on the pleadings, admissible evidence, the court file and memoranda, without hearing or oral argument, unless otherwise ordered by the court. Any party seeking oral argument shall file a separate motion setting forth the reasons oral argument should be granted and shall send a proposed order granting oral argument to the court with service copies and stamped envelopes.
Document Type
Oral Argument Motion
An oral-argument motion must include a separate BCP 5.3 certificate of good faith conference and state the requested length of oral argument.
Motions for oral argument must contain a separate Certificate of Good Faith Conference under BCP 5.3, and must set forth the length of time needed for oral argument.
Document Type
Oral Argument Motion
A reply memorandum must identify the titles and filing dates of both the original motion and the response memorandum.
The reply memorandum must clearly identify the titles and dates of filing of the original motion and the response memorandum.
Document Type
Reply Memorandum
An opposition memorandum must identify the title and filing date of the motion it responds to.
The response memorandum shall clearly identify the title and date of filing of the motion to which it responds.
Document Type
Opposition Memorandum
A reply memorandum may discuss only matters raised in the opposition memorandum.
A reply memorandum is limited to discussion of matters raised in the memorandum in opposition and shall not exceed ten (10) pages in length.
Document Type
Reply Memorandum
A motion seeking additional time for supporting documents and memoranda must be accompanied by a proposed order.
Upon proper motion accompanied by a proposed order and in addition to the relief available under BCP 5.7, the court may enter an order, specifying the time within which supporting documents and memoranda may be filed, if it is shown that such documents are not available or cannot be filed contemporaneously with the motion or response.
Document Type
Extension Motion
A suggestion of subsequently decided authority must contain only the citation for published authority or a copy for unpublished authority and may not contain argument.
A suggestion of controlling or persuasive authority that was decided after the filing of the last memorandum may be filed at any time prior to the court’s ruling and shall contain only the citation to the authority relied upon, if published, or a copy of the authority if it is unpublished, and shall not contain argument.
Document Type
Suggestion Of Subsequently Decided Authority
The motions must state good cause and cite applicable authority supporting the requested relief.
The above motions must state good cause therefore and cite any applicable rule, statute or other authority justifying the relief sought.
Document Type
Motion
An agreed-upon motion must include a cover letter confirming opposing counsel's review and approval, a proposed order, copies for all parties, and stamped addressed envelopes.
If the motion is agreed upon by all parties, then these motions must be accompanied by a cover letter indicating that opposing counsel has reviewed and approved the proposed order and a proposed order, together with copies for all parties and stamped, addressed envelopes.
Document Type
Motion
An agreed order will not be entered without a written representation that copies were provided in advance to opposing parties and that they do not object to the order's form.
No agreed order will be entered unless the party proffering such an order represents to the court in writing that he or she has provided copies to the opposing parties in advance, and they have no objection to the form of the order.
Document Type
Order
A party submitting a proposed default-judgment order must contemporaneously provide sufficient information establishing that the motion should be granted.
When sending to the court a proposed order entering a final judgment of default, a party must contemporaneously provide the court with sufficient information establishing that the motion for entry of a final judgment by default should be granted.
Document Type
Proposed Order
When a motion is ready for ruling, the moving party must send the court the notice, checklist, proposed order, copies for all parties, and envelopes.
The Notice of Fully Briefed Motion, Fully Briefed Motion Checklist and a proposed order with copies and envelopes for all parties shall be sent to the court when the motion is fully briefed and ready for the court to rule upon it.
Document Type
Notice Of Fully Briefed Motion
The proposed order must also be emailed to the court in accordance with the Fully Briefed Motion Checklist.
The order must also be emailed to the court in accordance with the Fully Briefed Motion Checklist found on the Business Court section of the court’s website
Document Type
Proposed Order
The moving party must prepare and file a Notice of Fully Briefed Motion once the motion is fully briefed or the briefing deadlines have passed.
When a motion is fully briefed, either by the filing of a memorandum in opposition and reply or by virtue of the time passing for the filing of those pleadings, the moving party shall prepare and file a Notice of Fully Briefed Motion.
Document Type
Notice Of Fully Briefed Motion
A sealing request must include an appropriate motion complying with Florida Rule of Judicial Administration 2.420(d) and a proposed order, and the motion remains public regardless of outcome.
A party seeking to file a document under seal must file an appropriate motion in accordance with ===== PAGE 16 ===== Florida Rule of Judicial Administration 2.420(d), together with a proposed order thereon. The motion, whether granted or denied, will remain in the public record.
Document Type
Motion To Seal
For an entity party, the certificate in the Joint Case Management Report must identify the representative's name and title and certify that the representative has decision-making authority for pertinent or disputed case-management issues.
In the certificate, Lead Trial Counsel for any entity party shall provide the name and title of the representative who will attend the Case Management Conference and shall certify that the representative has authority to make appropriate decisions regarding such issues listed in BCP 6.2 above as ===== PAGE 20 ===== are pertinent to the case or on which there are material differences of opinion.
Document Type
Joint Case Management Report
Lead Trial Counsel must include a certification in the Joint Case Management Report regarding in-person attendance by the party or an authorized entity representative, unless the court has excused that requirement.
In the Joint Case Management Report, Lead Trial Counsel for each party shall certify that the party (if an individual) or an authorized representative of the party (if an entity) will attend the Case Management Conference in person, unless the court has entered an order excusing compliance with this requirement.
Document Type
Joint Case Management Report
The Joint Final Pretrial Statement must include a compliant exhibit list, and each party's list must identify specific objections to remaining numbered exhibits and be attached using the approved form.
b. Exhibit List - An exhibit list containing a description of all exhibits to be introduced at trial and in compliance with the approved form located on the Business Court ===== PAGE 28 ===== website at http://www.ninthcircuit.org/research/court-forms/complex-litigation, must be filed with the Joint Final Pretrial Statement. Each party shall maintain a list of exhibits on USB drive to allow a final list of exhibits to be provided to the Clerk of Court at the close of the evidence. Unlisted exhibits will not be received into evidence at trial, except by order of the court in the furtherance of justice. The Joint Final Pretrial Statement must attach each party’s exhibit list on the approved form listing each specific objection (“all objections reserved” does not suffice) to each numbered exhibit that remains after full discussion and stipulation. Objections not made – or not made with specificity – are waived.
Document Type
Joint Final Pretrial Statement
The Joint Final Pretrial Statement must include stipulated facts and reflect an active and substantial effort to stipulate to agreed facts and law while simplifying contested issues.
a. Stipulated Facts - The Parties shall stipulate to as many facts and issues as possible. To assist the court, the parties shall make an active and substantial effort to stipulate at length and in detail as to agreed facts and law, and to limit, narrow and simplify the issues of fact and law that remain contested.
Document Type
Joint Final Pretrial Statement
The parties and counsel must prepare a good-faith witness list identifying witnesses likely to be called and witnesses who may be called if necessary.
c. Witness List - The parties and counsel shall prepare a witness list designating in good faith which witnesses will likely be called and which witnesses may be called if necessary.
Document Type
Joint Final Pretrial Statement
An entire deposition may be designated only upon a showing of necessity.
Designation of an entire deposition will not be permitted except on a showing of necessity.
Document Type
Deposition
In jury cases, counsel must attach both a copy and an original set of jointly proposed jury instructions and one jointly proposed verdict form to the Joint Final Pretrial Statement.
In cases to be tried before a jury, counsel shall attach to the Joint Final Pretrial Statement a copy and an original set of jointly proposed jury instructions, together with a single jointly-proposed jury verdict form.
Document Type
Joint Final Pretrial Statement
Parties must prepare edited and marked copies of all deposition testimony intended for evidentiary use at the final pretrial conference or trial.
The parties shall prepare for submission and consideration at the final pretrial conference or trial edited and marked copies of any depositions or deposition excerpts which are to be offered into evidence, including edited videotaped depositions.
Document Type
Deposition Excerpt
The Joint Final Pretrial Statement must identify testimony remaining in dispute by page and line and include each party’s position, argument, and supporting authority.
The parties shall include in the Joint Final Pretrial Statement a page-and-line description of any testimony that remains in dispute after an active and substantial effort at resolution, together with argument and authority for each party’s position.
Document Type
Joint Final Pretrial Statement
Every motion in limine must attach or specifically identify the document, item, or statement concerning which an advance evidentiary ruling is sought.
Each motion in limine must attach, or specify in detail, the document, item or statement at issue.
Document Type
Motion In Limine
In a non-jury trial, parties must file and serve Trial Memoranda containing proposed findings of fact and conclusions of law no later than ten days before the scheduled trial period, together with a USB drive in Word format.
In the case of a non-jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties shall file and serve Trial Memoranda with proposed findings of fact and conclusions of law, together with a USB drive in Word format.
Document Type
Trial Memorandum
Parties may not raise new issues or offer previously undisclosed cases at a motion hearing unless addressed in the motion and supporting or opposition memoranda.
The parties shall not raise issues at the hearing on the motion that were not addressed in the motion and memoranda in support of and in opposition to the motion. The practice of offering previously undisclosed cases to the court at the hearing is specifically disallowed.
Document Type
Motion
Discovery motions do not require memoranda when heard by a general magistrate, but discovery motions heard by the presiding Business Court Judge must be fully briefed unless the judge excuses that requirement.
discovery motions, if the parties have agreed to have the matter heard by a general magistrate (discovery motions to be heard by the presiding Business Court Judge must be fully briefed unless excused from this requirement by the presiding Business Court Judge);
Document Type
Discovery Motion
When a court order permits remote attendance, Lead Trial Counsel must certify in the Joint Case Management Report that the party or authorized representative will attend by the permitted method.
If the court has entered an order permitting the attendance of a party or authorized representative by telephone, videoconference, or other means, Lead Trial Counsel shall certify that the party or authorized representative shall attend the Case Management Conference in the manner permitted by the court’s order.
Document Type
Joint Case Management Report
When videotaped depositions will be used, counsel and unrepresented parties must agree in writing and specify the deposition pages and lines to be published in the Joint Final Pretrial Statement, except for depositions used solely for impeachment.
d. Depositions - The court encourages stipulations of fact to avoid calling unnecessary witnesses. Where a stipulation will not suffice, the court permits the use of videotaped depositions at trial. At the required meeting, counsel and unrepresented parties shall agree upon and specify in writing in the Joint Final Pretrial Statement the pages and lines of each deposition (except where used solely for impeachment) to be published to the
Document Type
Joint Final Pretrial Statement
The court generally does not consider motions in limine in bench trials, may strike requests for broad evidentiary or procedural orders as superfluous, and prohibits using such motions to evade dispositive-motion deadlines.
The court typically does not consider motions in limine for bench trials. Each motion in limine must attach, or specify in detail, the document, item or statement at issue. The court may strike as superfluous any motion in limine requesting a broad order that a rule of evidence, procedure or professional conduct should be followed at trial. Motions in limine shall not be used as a procedural vehicle to circumvent the passing of the deadline to file dispositive motions.
Document Type
Motion In Limine
An extension-of-time motion does not require memoranda if the request is filed before the originally prescribed or previously extended period expires.
extensions of time for the performance of an act required or allowed to be done, provided that the request is made before the expiration of the period originally prescribed or extended by previous orders;
Document Type
Extension Motion
Memoranda are generally not required for the listed motions unless the court directs otherwise.
Memoranda are not required by either the moving party or the opposing party, unless otherwise directed by the court, with respect to the following motions:
Document Type
Motion
A motion to continue a pretrial conference, hearing, or trial does not require memoranda.
to continue a pretrial conference, hearing or the trial of an action;
Document Type
Continuance Motion
Filing & Service rules
Filing Timing and Cure Windows
To obtain a summary-judgment hearing, the moving party must schedule the hearing immediately after filing the motion, although either party may schedule it.
In order to obtain a hearing, the moving party shall (but either party may) schedule a hearing on the motion immediately after filing the motion.
Page 10 | SECTION 5 – MOTION PRACTICE
When the summary-judgment hearing right is waived, the moving party must file a BCP 5.14 Notice of Fully Briefed Motion advising the court that the motion is fully briefed and the hearing right is waived.
In order to obtain a ruling from the court, the moving party shall (but either party may) provide notice to the court that the motion for summary judgment or for partial summary judgment is fully briefed by filing a Notice of Fully Briefed Motion pursuant to BCP 5.14 which shall advise the court that the right to a hearing is waived.
Page 10 | SECTION 5 – MOTION PRACTICE
An opposition memorandum generally must be filed within 20 days after service of the motion.
The party opposing a motion shall file a memorandum in opposition within twenty (20) days after service of the motion or within thirty (30) days of service if the motion is for summary judgment.
Page 11 | 5.7 - Response to Motion and Memoranda
Copies of materials for oral argument are due at least five business days before the hearing.
Parties shall deliver copies of materials to the court in preparation for oral argument at least five (5) business days prior to a hearing.
Page 11 | 5.6 Delivery of Materials for Oral Argument
An opposing party's response deadline is tolled during an extension for filing supporting documents and memoranda.
The time allowed to an opposing party for filing a response shall not run during any such extension.
Page 12 | 5.9 Extension of Time for Filing Supporting Documents and Memoranda
A suggestion of newly decided controlling or persuasive authority may be filed before the court's ruling, but it must contain only the published authority's citation or a copy of an unpublished authority and no argument.
A suggestion of controlling or persuasive authority that was decided after the filing of the last memorandum may be filed at any time prior to the court’s ruling and shall contain only the citation to the authority relied upon, if published, or a copy of the authority if it is unpublished, and shall not contain argument.
Page 12 | 5.11 - Suggestion of Subsequently Decided Authority
The parties must file the Joint Case Management Report at least ten days before the Case Management Conference.
No less than ten (10) days in advance of the Case Management Conference, the parties shall file the Joint Case Management Report addressing the matters described above.
Page 19 | SECTION 6 - CASE MANAGEMENT NOTICE, MEETING, REPORT, CONFERENCE AND ORDER
All counsel and parties must file a fully compliant Joint Final Pretrial Statement at least ten days before the pretrial conference.
All counsel and parties are responsible for filing a Joint Final Pretrial Statement in full compliance with the Business Court Procedures at least ten (10) days prior to the pretrial conference.
Page 29 | 9.3 - Coordination of Joint Final Pretrial Statement
When the court grants oral argument, it must either order coordinated hearing scheduling or provide at least five business days' notice, although good cause permits shortening that period.
If the court grants oral argument on any motion, it shall either order the parties to coordinate a hearing or give the parties at least five (5) business days’ notice of the date and place of oral argument. The court, for good cause shown, may shorten the five (5) days' notice period.
Page 9 | SECTION 5 – MOTION PRACTICE
The moving party may file a reply memorandum within 10 days after service of the opposition memorandum.
The moving party may file a reply memorandum within ten (10) days of service of the memorandum in opposition to the motion.
Page 11 | 5.8 - Reply Memorandum
For good cause, the court may require a party to file its response and supporting documents within a shorter period.
For good cause appearing therefore, a party may be required by the court to file any response and supporting documents, including a memorandum, within such shorter period of time as the court may specify.
Page 11 | 5.7 - Response to Motion and Memoranda
Filing a Notice of Noncompliance does not toll response times or suspend other obligations unless the court orders otherwise.
The filing of a Notice of Noncompliance shall not toll any response time or suspend any other obligation unless the court orders otherwise.
Page 32 | SECTION 12 – SANCTIONS
In a jury trial, parties may file and serve Trial Memoranda no later than ten days before the scheduled trial period, accompanied by a USB drive.
In the case of a jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties may file and serve Trial Memoranda, together with a USB drive.
Page 30 | 10.1 - Trial Memoranda
Service and Proof of Service Rules
Papers on the issues to be argued must be delivered to opposing counsel and the court at least five business days before the hearing; later delivery is presumptively unreasonable and may result in cancellation.
All papers relating to the issues to be argued at the hearing shall be delivered to opposing counsel and the court at least five (5) business days before the hearing. Service and receipt of the papers less than five (5) business days before the hearing is presumptively unreasonable and may result in the hearing being cancelled by the court.
Page 9 | SECTION 5 – MOTION PRACTICE
Plaintiff's counsel must email a copy of the Joint Case Management Report to the division email address when the report is filed.
Contemporaneous with filing the Joint Case Management Report, counsel for Plaintiff(s) shall email a copy of the report to the division email address: 43Orange@ninthcircuit.org.
Page 19 | SECTION 6 - CASE MANAGEMENT NOTICE, MEETING, REPORT, CONFERENCE AND ORDER
All discovery materials filed with the court must be served on other counsel or parties.
All discovery materials filed with the court must be served on other counsel or parties.
Page 23 | 7.5 – No Filing of Discovery Materials
For a non-jury trial, service of the required Trial Memoranda must occur no later than ten days before the first day of the scheduled trial period.
In the case of a non-jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties shall file and serve Trial Memoranda with proposed findings of fact and conclusions of law, together with a USB drive in Word format.
Page 30 | 10.1 - Trial Memoranda
A party filing a Notice of Noncompliance must email copies of the notice and the related filing to the division email address.
The party filing the Notice of Noncompliance shall send copies of the Notice of Noncompliance and the filing to which it relates to the division email address: 43Orange@ocnjcc.org.
Page 32 | SECTION 12 – SANCTIONS
After the court issues the Case Management Notice, plaintiffs’ counsel must immediately serve a copy on all defendants.
Counsel for Plaintiff(s) shall immediately thereafter serve a copy of the Case Management Notice on all Defendants.
Page 16 | 6.1 - Notice of Hearing and Order on Case Management Conference
Defendants must immediately serve a copy of the Case Management Notice on all third-party defendants.
Defendant(s) shall immediately serve a copy of the Case Management Notice on all Third-Party Defendants.
Page 16 | 6.1 - Notice of Hearing and Order on Case Management Conference
When a non-lawyer plaintiff proceeds pro se, defendant's counsel must coordinate compliance and service of the report copy to the court.
If a non-lawyer Plaintiff is proceeding pro se, counsel for Defendant(s) shall coordinate compliance and service of the copy to the court.
Page 19 | SECTION 6 - CASE MANAGEMENT NOTICE, MEETING, REPORT, CONFERENCE AND ORDER
When parties elect to submit Trial Memoranda in a jury trial, service must occur no later than ten days before the first day of the scheduled trial period.
In the case of a jury trial, no later than ten (10) days before the first day of the trial period for which the trial is scheduled, the parties may file and serve Trial Memoranda, together with a USB drive.
Page 30 | 10.1 - Trial Memoranda
Courtesy Copy Requirements
Parties must deliver copies of oral-argument materials to the court at least five business days before the hearing.
Parties shall deliver copies of materials to the court in preparation for oral argument at least five (5) business days prior to a hearing.
Page 11 | 5.6 Delivery of Materials for Oral Argument
Sealing & Redaction Procedures
Motions to seal are disfavored, and sealed filing is permitted only when the court finds extraordinary circumstances and particularized need.
Motions to file under seal are disfavored. The court will permit the parties to file documents under seal only upon a finding of extraordinary circumstances and particularized need.
Page 15 | 5.18 - Motions to File Under Seal
A party may not file documents under seal without first obtaining a court order authorizing sealing upon a showing of particularized need.
Each confidentiality agreement shall provide or shall be deemed to provide that no party shall file documents under seal without having first obtained an order granting leave of court to file documents under seal based upon a showing of particularized need.
Page 25 | SECTION 7 - DISCOVERY
Filing Bundling Requirements
Each motion generally must be filed separately with its own supporting memorandum, although inextricably intertwined motions that are substantively related or alternative may be filed together.
Each motion shall be filed separately containing its own supporting memorandum of law. Motions that are inextricably intertwined and either substantively related or in the alternative may be filed together.
Page 7 | SECTION 5 - MOTION PRACTICE
Pre-Motion Conference Requirements
Before filing any motion, the moving party must confer with opposing counsel in a good-faith effort to resolve the motion and file a certification of the conference and lack of agreement.
Before filing any motion in the Business Court, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement certifying that the moving party has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion.
Page 8 | SECTION 5 - MOTION PRACTICE
A party alleging that a pleading fails to state a claim must confer before filing a motion to dismiss and, if requested, stipulate to an order allowing a curative amended pleading instead.
A party alleging that a pleading fails to state a cause of action shall confer with counsel for the opposing party before moving to dismiss and, upon request of the other party, will stipulate to an order permitting the filing of a curative amended pleading in lieu of filing a motion to dismiss.
Page 9 | SECTION 5 – MOTION PRACTICE
A conference requires a substantive in-person or telephone conversation in good faith, not merely an ultimatum exchange by email, fax, or letter, and counsel must respond promptly to opposing counsel.
The term “confer,” as used herein, requires a substantive conversation between counsel in person or by telephone in a good faith effort to resolve the motion without court action and does not envision an exchange of ultimatums by email, fax or letter. Counsel who merely attempt to confer have not conferred. Counsel must respond promptly to inquiries and communications from opposing counsel.
Page 8 | SECTION 5 - MOTION PRACTICE
No conference or Certificate of Good Faith Conference is required for motions for injunctive relief without notice, judgment on the pleadings, summary judgment, or maintenance of a class action.
No conference, and therefore no Certificate of Good Faith Conference, is required in motions for injunctive relief without notice, for judgment on the pleadings, for summary judgment or to permit maintenance of a class action.
Page 9 | SECTION 5 – MOTION PRACTICE
Expedited argument is available for motions that can be resolved in no more than twenty minutes and placed on the short matters docket through counsel coordination without reserving a specific hearing time.
Applicable motions are those that are limited to matters which can be argued and determined in twenty minutes or less and may be heard on the court’s short matters docket, which requires coordination with counsel, but not the reservation of a specific time through the judicial assistant.
Page 15 | 5.16 - Determination of Motions through Oral Argument without Briefs
The court may resolve BCP 5.12 motion matters through expedited oral argument if all interested parties present for the argument agree to that procedure.
The parties may present motions and the court may resolve disputes regarding the matters described in BCP 5.12 through the use of an expedited oral argument procedure, if such procedure is agreed upon by all parties with an interest in the outcome of the motion who are also present for the oral argument.
Page 15 | 5.16 - Determination of Motions through Oral Argument without Briefs
Adjournment & Extension Requirements
A motion for additional filing time must include a proposed order and show that the supporting documents are unavailable or cannot be filed with the motion or response.
Upon proper motion accompanied by a proposed order and in addition to the relief available under BCP 5.7, the court may enter an order, specifying the time within which supporting documents and memoranda may be filed, if it is shown that such documents are not available or cannot be filed contemporaneously with the motion or response.
Page 12 | 5.9 Extension of Time for Filing Supporting Documents and Memoranda
A motion to extend the discovery period or obtain additional discovery must be filed before the discovery period expires, demonstrate good cause, and show that the parties diligently pursued discovery; additional depositions usually require exceptionally good cause.
Motions seeking an extension of the discovery period or permission to take more discovery than is permitted under the Case Management Order must be presented prior to the expiration of the time within which discovery is required to be completed. Such motions must set forth good cause justifying the additional time or additional discovery and will only be granted upon such a showing of good cause and that the parties have diligently pursued discovery. The court usually will only permit additional depositions upon a showing of exceptionally good cause.
Page 24 | 7.8 - Extension of the Discovery Period or Request for Additional Discovery
A request to continue a trial date will be considered only when signed by both the party and counsel.
The court will consider a request to continue a trial date only if the request is signed by both the party and counsel for the party.
Page 33 | 13.4 – Continuances
A party may request an extension to file a response when the supporting documents are unavailable.
If supporting documents are not then available, a party may move for an extension of time to file a response.
Page 11 | 5.7 - Response to Motion and Memoranda