Central District Consumer Bankruptcy Attorney's Association

Mates,
LBR 9021-1. ORDERS AND JUDGMENTS seems to be at odds with itself. On the
one hand subsection (b)(3)(A) says:
*the attorney preparing the order may*
*present it to opposing counsel for approval as to form before the order is*
*lodged, in which case opposing counsel must immediately approve or*
*disapprove the form of order and return it to counsel who prepared it.*
(emphasis added) On the other hand (b)(3)(*B*) says:
*Opposing counsel may, within 7*
*days after service of a copy of a proposed order prepared pursuant to this*
*rule, file and serve an objection to the form of the order, setting forth
the*
*grounds therefor. *
(emphasis added) This raises two questions
(1) How long does the opposing counsel have to review the proposed order?
Does he have 7 days or must he act immediately?
(2) Does the prevailing counsel have to serve the proposed order or is it
enough to merely "present" the document?
The full Subsection (b)(3) appears below.
*LBR 9021-1. ORDERS AND JUDGMENTS*
* *
*(b) Preparation, Lodging, and Signing of Orders.*
(3) Proposed Order when Opposition to Motion was Filed.
(A) Service of Proposed Order on Contesting Party. The attorney who has the
duty to prepare any order required by this rule must serve a copy of the
proposed order on counsel, or party if filed without counsel, who filed an
opposition or other objection to the relief requested, either before or on
the
same day that the order is lodged with the court and must file a proof of
service with the order. *Alternatively, the attorney preparing the order may
*
*present it to opposing counsel for approval as to form before the order is*
*lodged, in which case opposing counsel must immediately approve or*
*disapprove the form of order and return it to counsel who prepared it.*
Where a proposed order is tendered at the hearing, the order may be lodged
without prior service on the opposition.
(B) Separate Objection to Proposed Order. *Opposing counsel may, within 7*
*days after service of a copy of a proposed order prepared pursuant to this*
*rule, file and serve an objection to the form of the order, setting forth
the*
*grounds therefor. *Opposing counsel must attach as exhibits to the
objection
(i) a copy of the order that is the subject of the objection and (ii) a
copy of
the proposed alternative form of order. The proposed alternative form of
order so labeled, must be lodged with the objection. A judges copy of the
objection and proposed alternative form of order must be served on the
judge in chambers in accordance with LBR 5005-2(d). The failure to file
and serve a timely objection will constitute a waiver of any defects in the
form of the order.
(emphasis added)
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Mates,LBR 9021-1. ORDERS AND JUDGMENTS seems to be at odds with itself. On the one hand subsection (b)(3)(A) says:
the
attorney preparing the order may
lodged,
in which case opposing counsel must immediately approve or
days
after service of a copy of a proposed order prepared pursuant to this
present
it to opposing counsel for approval as to form before the order is
disapprove
the form of order and return it to counsel who prepared it.
Where a proposed order is
tendered at the hearing, the order may be lodged
without prior service on the
opposition.
(B) Separate Objection to
Proposed Order. Opposing counsel may,
within 7
rule,
file and serve an objection to the form of the order, setting forth the

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