Emergency Motions under LBR 9075-1

Instructions for Filling Out Notice and Motion for Order Setting Hearing

On Shortened Notice and Request for Relief

In the first paragraph, insert the name of the party (or parties) requesting the relief.

Types of motions filed in this district.  There are two general types of motions filed in this district.  The first type is those filed under LBR 9013-1 on 21 days “if objection” notice.  The second type is those motions filed pursuant to FRBP 9014 and which the court sets for hearing in 30 days or less depending on the type of relief requested.  Please refer to the local bankruptcy rules as there are other motions which follow a different procedure and timing that are neither LBR 9013-1 nor FRBP 9014 motion types.

In the “Request for Order Setting Hearing on Shortened Notice” paragraph, state the timeframe of the scheduling request. After typing in the numerical value of the request, either type in the hours, days, or weeks after the numerical value; or circle the hours, days, or weeks of the numerical request.  For example, “72 hours,” “5 business days,” “one week,” etc.  In addition, provide the date and time of the suggested hearing.  For example, if the case was filed on Monday and payroll needs to be paid by Friday, you may suggest a hearing of Wednesday or Thursday at 1:00 p.m. (CST) of the same week → (Friday, January 24, 2025, at 1:00 p.m. CST).  

Numbered paragraph 1 is self-explanatory.  If you are seeking emergency relief, make sure to explain in the paragraph why a certain timeframe to schedule a hearing has been suggested.  For example, “The hearing should be held no later than 14 days from the filing of this motion because ….”

Use the layout of listing the declarants as indicated on the form.  Make sure the attached declarations of the witnesses are signed under penalty of perjury and double-check that they are attached or made attachments to the motion using the “Browse” and attach document feature in CM/ECF.

Numbered paragraph 2.  Because the motion combines the shortened timeframe for scheduling the hearing and the substantive relief sought, proceed to fill out the paragraph. 

Numbered paragraph 3.   The certificate of service must list/identify each party served along with the means of service (which includes hand-delivery at a specific address, a mailing address, email address, phone number, or describe what other means of electronic service was made), Movant has provided notice of the motion and all attachments to the parties listed on the service, and the date of service.  Parties serving the motion must also use Local Form, TNMB Certificate of Service, as an attachment to the motion.

Numbered paragraph 4.  Do not omit this paragraph.

Signature paragraph.  Do not omit any information.  This should be current information.  It is a way for parties, the clerk, or the court to reach you.