Motion And Notice Of Motion, What Is It And Must A Response Be Filed?

A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence. The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing. The Notice of Motion and the Motion must be served upon all parties required by the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. "Serving" the Notice of Motion and Motion is an important part of due process, and failure to timely serve interested parties can result in a denial of or delay in ruling on the motion or a denial of the motion. Consult the CM/ECF Administrative Procedures to determine if a person may be served electronically instead of by mail.   

Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing. The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence.

The Court will enter an order in which the judge either grants or denies the motion.

See Local Bankruptcy Rule 9013-1 for rules and deadlines for filing and serving most motions. There may also be other Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules that apply.

Download Form:     Notice of Motion  F 9013-1.1

 

 

 

FAQ Type: 
After Filing Bankruptcy