(a) Motions Must Be Filed Separately. Motions must be filed separately, but alternative
motions may be filed in a single paper if each is named in the title following the caption.
(b) Brief Required for Certain Motions. Parties must file a supporting brief with any motion
under:
(1) Fed. R. Civ. P. 12;
(2) Fed. R. Civ. P. 37;
(3) Fed. R. Civ. P. 56; or
(4) Fed. R. Civ. P. 65(b).
(c) Rule 12 Defenses. The court will not rule on a defense under Fed. R. Civ. P. 12 until the
party who raised it files a motion and brief.
(d) Response- and Reply-Brief Deadlines.
(1) Summary-Judgment Motions. Summary-judgment motions are subject to the
deadlines in N.D. Ind. L.R. 56-1(b) and (c).
(2) Fed. R. Civ. P. 12 Motions.
(A) Responses. A party must file any response brief to a motion under
Fed. R. Civ. P. 12 within 21 days after the motion is served unless that
party is entitled to and first files an amended pleading as a matter of
course under Fed. R. Civ. P. 15(a)(1).
(B) Replies. The moving party must file any reply brief within 7 days
after the response brief is served.
(3) Other Motions.
(A) Responses. A party must file any response brief to a motion within 14
days after the motion is served.
(B) Replies. The moving party must file any reply brief within 7 days
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Civil Rule 7-1
after the response brief is served.
(4) Extensions. The court may extend response- and reply-brief deadlines, but only
for good cause.
(5) Summary Rulings. The court may rule on a motion summarily if an opposing
party does not file a response before the deadline.
(e) Page Limits.
(1) Rule. Supporting and response briefs (excluding tables of contents, tables of
authorities, and appendices) ordinarily must not exceed 25 pages. Reply briefs
must not exceed 15 pages.
(2) Exception. The court may allow a party to file a brief exceeding these page
limits for extraordinary and compelling reasons. But if the court permits a brief
to exceed 25 pages, it must include:
(A) a table of contents with page references;
(B) an issue statement; and
(C) a table of authorities including:
(i) all cases (alphabetically arranged), statutes, and other authorities
cited in the brief; and
(ii) references to where the authorities appear in the brief.
(f) Authority Not Available Electronically. A copy of any decision, statute, or regulation
cited in a motion or brief must be attached to the paper if—and only if—it is not
available on Westlaw or Lexis. But if a copy of a decision, statute, or regulation is only
available electronically, a party must provide it to the court or another party upon
request.
Local Rules Advisory Committee Comments
Re: 2019 Amendment
A 2009 change to Fed. R. Civ. P. 15(a) permits 21 days to amend a pleading in response to 12(b), (e), and (f) motions
in cases where a required responsive pleading has not yet been served. The change to Rule 15(a) encourages parties
to amend the initial pleading in light of the motion, thereby mooting the Rule 12 motion. The amendment to Local
Rule 7-1(d) (2) provides consistency with Fed. R. Civ. P. 15(a) by allowing 21 days to respond to Rule 12(b), (e), and (f)
motions.
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Civil Rule 7-1
Re: 2022 Amendment
The text of Rule 7-1 created some confusion as to whether reply briefs were permitted, without leave of court, for
motions made pursuant to Fed. R. Civ. P. 12. Language was added in Rule 7-1(d)(2) to clarify that reply briefs are
permitted for such motions, which reflects existing practice.
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Civil Rule 7-3
