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Local Rules

9013 Motions: Form and Service [SO 8/4/93; SO 8/5/92; SO 3/9/93, SO 3/9/93, SO 4/13/93; SO 7/25/94; SO 7/26/95]

9013-1.  A.  All pleadings, notices and other papers shall be served and filed in accordance with the Federal Rules of Bankruptcy Procedure and these Local Rules.

B. Except as otherwise provided by rule or ordered by the Court, notices of motion along with supporting affidavits and memoranda shall be served on the parties and filed with the Bankruptcy Clerk at least five (5) days prior to the return date of the motion [eight (8) days if served by mail]. Motion dates may be obtained from the Clerk. Discretionary responses to motions (those not required by order) shall be filed and served upon the adverse party or parties as soon as practicable.

C. Rochester and Watkins Glen motions filed pursuant to, including but not limited to §362, §554, §522(f), §722 and §1229 and §1339 Modification motions may be granted by the Court by default without a hearing. Sample forms and guidelines designed to comply with this procedure are available in the Bankruptcy Court Clerk’s Office.

[Former Rule 14 A & C]

9014 Contested Matters

9014-1. OBJECTIONS TO TRUSTEE’S FINAL REPORT AND ACCOUNT IN A CHAPTER 7 CASE

A. Parties to whom a summary of the trustee’s final report and account have been sent in a chapter 7 case pursuant to Rule 2002(f)(9) Fed.R.Bankr.P. may object to the final report and account by written objection filed with the Bankruptcy Clerk and served on the Office of the United States Trustee within fifteen (15) days of the date of the summary so sent. Unless the Court orders otherwise, no trustee shall distribute dividends unless and until said fifteen (15) days have elapsed without the filing of an objection.

An objection to the trustee’s final report and account is a contested matter governed by Rule 9014 Fed.R.Bankr.P.

If the summary of the final report and account is coupled with a notice of a hearing on allowances, an objection to the allowances sought may be made at or before the hearing. The party objecting shall serve a copy of the objection upon or give notice of an intention to object to the Office of the United States Trustee.

B. Responses to written questions or demands, including answers to interrogatories, depositions upon written questions, letters interrogatory or a notice demanding admissions, shall set forth each question or demand verbatim with the party’s response set forth immediately thereafter. Objections to interrogatories should set forth the question, the answer and the objection thereto. Objections to responses to interrogatories should set forth the question, the answer, and the objection thereto.

C. An objection to a trustee’s final report and account is a contested matter governed by Rule 9014 Fed.R.Bankr.P. Parties to whom a summary of the trustee’s final report and account have been sent in a chapter 7 case pursuant to Rule 2002(f)(9) Fed.R.Bankr.P. may object to the final report and account by written objection filed with the Bankruptcy Clerk and served on the Office of the United States Trustee within fifteen (15) days of the date of the summary so sent.  Unless the Court orders otherwise, no trustee shall distribute dividends unless and until said fifteen (15) days have elapsed without the filing of an objection.

If the summary of the final report and account is coupled with a notice of a hearing on allowances, an objection to the allowances sought may be made at or before the hearing. The party objecting shall serve a copy of the objection upon or give notice of an intention to object to the Office of the United States Trustee.

[Former Rule 37; Former Rule 13C]

9015 Jury Trials

A.  APPLICABILITY OF CERTAIN FEDERAL RULES OF CIVIL PROCEDURE:

RULES 38, 39 AND 47-51 Fed.R.Civ.P. and Rule 81(c) Fed.R.Civ.P. insofar as it applies to jury trials, apply in cases and proceedings, except that a demand made under Rule 38(b) Fed.R.Civ.P. shall be filed in accordance with Rule 5005 Fed.R.Bankr.P.

B. CONSENT TO HAVE TRIAL CONDUCTED BY BANKRUPTCY JUDGE:

If the right to a jury trial applies, a timely demand has been filed under Rule 38(b) Fed.R.Civ.P., and the Bankruptcy Judge has been specially designated to conduct the jury trial, the parties may consent to have a jury trial conducted by a Bankruptcy Judge under 38 USC § 157(e) by jointly or separately filing a statement of consent.

[Former Rule 31]

9022 Judgments and Orders, Notice Of

9022-1. NUMBER OF COPIES. 

All orders and judgments shall be filed in duplicate by the party who secures them if such party desires a conformed copy be returned to them. The copies will be placed at the intake counter for pickup unless accompanied by a postage-paid, self-addressed envelope. Such party also shall furnish the Clerk with a sufficient number of additional copies thereof for mailing with the notice of entry, whenever notice of entry is required. All orders, whether made on notice or ex parte, together with the papers on which they were granted, shall be filed forthwith or within the time otherwise permitted by law.

[Former Rule 14 E]

9024 Relief from Judgment or Order [GO 9/14/88]

General reference regarding proceedings to set aside judgments of the District Court in “Non-Core” Bankruptcy Proceedings under 28 U.S.C. § 157 is covered in the General Order regarding same entered in the U.S. District Court on September 14, 1988.

9070 Exhibits

9070-1.  A.  In an adversary proceeding or a contested matter, the exhibits shall be marked by counsel or the parties prior to trial or hearing.

B. Unless the Bankruptcy Court otherwise directs, exhibits (except those produced by non-parties) shall not be filed with the Bankruptcy Court Clerk but shall be retained in the custody of the respective attorneys or persons who produce them in Court. Upon submission to the trier of fact, all exhibits which were received into evidence shall be delivered to the Court. Following decision or verdict, exhibits will be returned to the parties. In the case of an appeal or other review by an appellate Court, all exhibits necessary to perfect the appeal shall be made available for inclusion in the record on appeal.

C. Exhibits produced by non-parties may be held by the Clerk or a party as the Court may direct.  Whenever practicable, copies of such exhibits shall be substituted for originals. Upon expiration of the time allowed for appeal, or following an appeal, any originals retained by the Court or a party shall be returned to non parties.

[Former Rule 30 A thru C]

9071 Stipulations

9071-1.  A.  Stipulations. All stipulations affecting an adversary proceeding before this Court, except stipulations which are made in open Court and recorded by the court reporter, shall be in writing and signed, and shall be filed. Except to prevent injustice, no stipulation which does not satisfy these requirements shall be given in effect.

B. Settlements. When an adversary proceeding is settled, the parties shall file within thirty (30) days a signed agreement for judgment or stipulation for dismissal as appropriate. If no such agreement is filed, the Court may enter an order dismissing the adversary proceeding as settled, with prejudice and without costs.

[Former Rule 32]

Appendix to Local Rules

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