Motion Practice

In Rochester and Watkins Glen, many motions are required to be handled according to the Court's default procedures (for example, §362(d) motions.) To avoid receiving a deficiency notice and having to re-serve your motion, please refer to the default procedures to determine if your motion requires default language.

Except as otherwise provided by Rule or ordered by the Court, notices of motion, along with supporting affidavits and memoranda, shall be served on parties at least five (5) days prior to the return date of the motion (eight days if served by mail) and filed with the Clerk one week prior to the return date. Discretionary responses to motions shall be filed and served upon the adverse party or parties as soon as practicable.

Service requirements vary depending on the type of relief being sought. Pleadings, notices and other papers shall be served and filed in accordance with the Federal Rules of Bankruptcy Procedure and the Local Rules . NOTE: Federal Rule of Bankruptcy Procedure 7004(b)(3) requires service on a contested matter on a corporation, partnership, or unincorporated association be directed to the attention of an officer, an agent, or any other individual authorized to receive service. When serving a post office box of a corporation, Judge Ninfo requires service be directed to the attention of the Office of the President.

The notice, motion papers, and/or supporting affidavits are required to be electronically filed with the Clerk. A Certificate of Service should be electronically filed as well.

If the relief is granted, an original order should be submitted promptly. Provide a self-addressed, stamped envelope if you want a conformed copy of the order mailed to you. Otherwise, the conformed copy can be picked up at the reception area in Rochester.