opposing a motion and LBR 9013-1(o)(4)
Posted: Thu Apr 27, 2017 5:06 pm
Thanks Steve. By "the proper form" do you mean the proper language? Or is
there a specific form you are referring to?
On Apr 26, 2017 4:10 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
Kirk;
If they use the proper form to object it automatically requests a hearing.
Even if they didnt I doubt the judge will grant the motion without a
hearing.
Steve Lever
*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
*Sent:* Wednesday, April 26, 2017 3:00 PM
*To:* Cdcbaa Yahoo Listserv
*Subject:* [cdcbaa] opposing a motion and LBR 9013-1(o)(4)
LBR 9013-1(o)(4) provides that:
"if a timely response and request for hearing is filed and served" the
moving party must schedule a hearing on the motion.
Is a run of the mill Opposition to the motion sufficient to satisfy the
"response and request for hearing"? Or does the Opposition have to
explicitly state that a hearing is requested?
If an opposition is filed without a request for a hearing does the judge
simply take the matter under consideration and issue an order without a
hearing?
Thanks,
Kirk Brennan
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Thanks Steve. By "the proper form" do you mean the proper language? Or is there a specific form you are referring to?On Apr 26, 2017 4:10 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Kirk;
If they use the proper form to object it automatically requests a hearing.
Even if they didn>
Steve Lever
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, April 26, 2017 3:00 PM
To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Subject: [cdcbaa] opposing a motion and LBR 9013-1(o)(4)
LBR 9013-1(o)(4) provides that:
"if a timely response and request for hearing is filed and served" the moving party must schedule a hearing on the motion.
Is a run of the mill Opposition to the motion sufficient to satisfy the "response and request for hearing"? Or does the Opposition have to explicitly state that a hearing is requested?
If an opposition is filed without a request for a hearing does the judge simply take the matter under consideration and issue an order without a hearing?
Thanks,
--
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received
this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
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