Category Archives: Northern District Practice Tips

When Must a Brief Include a Table of Contents and Table of Authorities?

If the brief is more than 10 pages.  See L.R. 7.2(d).

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Are Sur-Replies Allowed?

Not without leave of court:  “Except for the motions, responses, replies, briefs, and appendixes required by these rules, a party may not, without the permission of the presiding judge, file supplemental pleadings, briefs, authorities, or evidence.”  See L.R. 56.7.

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What are the Page Limits for Briefs?

Briefs cannot exceed 25 pages (excluding table of contents and table of authorities).  Reply briefs cannot exceed 10 pages.  Permission to file a brief containing excess pages will be granted by the presiding judge “only for extraordinary and compelling reasons.”  … Continue reading

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Will Oral Argument be held on a Motion?

Only if directed by the presiding judge:  “Unless otherwise directed by the presiding judge, oral argument on a motion will not be held.”  See L.R. 7.1(g).

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When is the Deadline to File a Reply Brief?

14 days from the date the response is filed:  “Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.”  See … Continue reading

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When is the Deadline to File a Response and Brief?

21 days from the date the motion was filed:  “A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.”  See L.R. 7.1(e).

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Must I Include a Brief with My Motion or Response?

Generally yes, if it is opposed:  “An opposed motion must be accompanied by a brief that sets forth the moving party’s contentions of fact and/or law, and argument and authorities, unless [the opposed motion is one to amend, for a … Continue reading

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Do I Need to Submit a Proposed Order with My Motion?

“Except for an opposed motion that is submitted on paper, each motion must be accompanied by a proposed order that is set forth separately.  An agreed proposed order must be signed by the attorneys or parties.”  See L.R. 7.1(c).

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What Motions Do Not Require a Certificate of Conference?

Motions to dismiss, motions for judgment as a matter of law, motions for judgment on the pleadings, motions for a new trial, and motions for summary judgment.  See L.R. 7.1(h).

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What Must a Certificate of Conference Include?

If a conference is required in connection with a motion, a certificate of conference must be included.  The certificate of conference must (i) indicate that the motion is unopposed or opposed; (ii) if the motion is opposed, the certificate must … Continue reading

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