(See Fed. R. Civ. P. 7, 56, 78; Fed. R. Crim. P. 12)
NOTE: The requirements for motions in class actions are in SDIL-LR 23.1.
To the extent anything in this Local Rule conflicts with SDIL-LR 23.1,
SDIL-LR 23.1 takes priority.
(a) Form and Content
(1) A motion shall state its grounds with particularity and shall set forth
the relief sought.
(2) All briefs shall contain a short, concise statement of the party’s
position, together with citations to relevant legal authority and to
the record. Allegations of fact not supported by citation may not, in
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the Court’s discretion, be considered.
(3) Except for a brief filed in response to a habeas petition, and unless
otherwise authorized by the Court, no brief shall be submitted
which is longer than 20 double-spaced typewritten pages in 12-
point font. All page limits stated in these Local Rules are exclusive
of cover pages, tables of content, tables of authority, signature
pages, certificates of service, exhibits, and Statements of Material
Facts, Responses to Statements of Material Facts, Statements of
Additional Material Facts, or Replies to Statements of Additional
Material Facts (see SDIL-LR 56.1(e)).
(4) Reply briefs are not favored, shall not exceed five pages, and
should be filed only in exceptional circumstances. Under no
circumstances will sur-reply briefs be accepted. The parties are
directed to review the individual case management procedures of
each presiding judge as they may relate to the filing of replies.
(5) In civil cases, failure to file a timely response to a non-dispositive
motion may be deemed consent to the relief as requested.
(6) Where a change in law or facts has occurred after the filing of a
pleading, a party may seek leave to file a supplemental pleading.
The motion for leave shall not exceed two pages, shall refer to the
specific pages of the pleading it seeks to address or supplement,
and shall attach as exhibits any relevant authority or evidence it
seeks to supplement. The Court, in its discretion, will set forth page
and time limitations for any supplemental pleading and for any
responsive pleadings that it deems necessary.
(b) Deadlines
(1) Civil motions to remand, to dismiss, for judgment on the pleadings,
for summary judgment, to exclude expert witness testimony, and
all post-trial motions shall be supported by a brief. The motion and
brief may be combined into a single submission.
(A) An adverse party shall have 30 days after service of a motion
listed above to file a response.
(B) Reply briefs, if any, shall be filed within 14 days of the
service of a response.
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(C) All civil motions to dismiss, for judgment on the pleadings,
and for summary judgment must be filed no later than 100
days before the trial date or, if no trial date has been set,
before the first day of the presumptive trial month.
(2) For all civil motions, other than those listed in subsection (b)(1)
above, a supporting brief is not required.
(A) A party opposing a motion not listed in subsection (b)(1)
shall have 14 days after service of the motion to file a written
response.
(B) A reply, if any, shall be filed within 7 days of the service of
the response.
(3) All criminal motions shall be filed in accordance with Orders of the
Court entered at or after a defendant’s arraignment.
(c) Oral Argument
(1) A party may not schedule or notice a hearing for oral argument on a
pending motion. Any party desiring oral argument on a motion
shall file a formal motion and state the reason why oral argument
is requested. Additionally, the parties are directed to review the
individual case management procedures of each presiding judge as
they may relate to oral argument on motions and encourage
opportunities for courtroom advocacy. Any motion may be:
(A) scheduled by the Court for oral argument at a specified time;
(B) scheduled for determination by telephone conference call or
other remote means;
(C) referred to a United States Magistrate Judge for
determination or recommendation; or
(D) determined upon the pleadings and the motion papers
without oral argument.
