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Interim Local Bankr.R.9014-1

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Interim Local Bankr. R. 9014-1         Contested Matters and the Contested Matter Procedure.
Effective December 1, 2025

(See General Order 2025-03 Establishing Interim Local Rule 9014-1)

a. The Federal Rules of Bankruptcy Procedure govern all Contested Matters, as defined by FRBP 9014 and these Local Bankruptcy Rules.

b. Rules Applicable to All Contested Matters.

  1. A certificate of service demonstrating that service has been made upon the Debtor and all parties entitled thereto shall be filed with each motion, application, response, objection, reply, or other pleading or filing.
  2. A proposed order shall be filed with each motion, application, or other pleading or filing requesting affirmative relief.  The proposed order shall contain a case caption in accordance with D. Conn. L. Civ. R. 10.

c. Contested Matter Procedure.  Sections (d) through (l) of this Rule shall be referred to as the “Contested Matter Procedure.”  Except as otherwise ordered by the Court, the Contested Matter Procedure shall govern all Contested Matters except, as set forth in sections (m) and (n) of this Rule, those motions, applications, or other pleadings or filings included on Appendix M or Appendix N to these Rules.

d. Commencement of Contested Matter. A Notice of Contested Matter Procedure shall be filed with motions, applications, or other pleadings or filings commencing a Contested Matter subject to the Contested Matter Procedure.  The Notice of Contested Matter Procedure shall include:

    1. A Response Date of fourteen (14) days, twenty-one (21) days, or twenty-eight (28) days, as applicable. See FRBP 2002(a), 9014. The Response Date shall be set from the date the Notice of Contested Matter Procedure was filed with the Court; and
    2. A statement that in the absence of a timely filed response or objection, the proposed order may enter without further notice and hearing; and
    3. A case caption in accordance with D. Conn. L. Civ. R. 10 and Local Bankruptcy Rule 5010.

The Notice of Contested Matter shall be served with the motion or application on all parties entitled to service.

e. Response.

Any response or objection to the motion or application shall be no more than ten (10) pages; shall state the specific legal and factual bases therefore; be filed no later than the Response Date set forth in the Notice of Contested Matter Procedure; and be served upon the party who filed the motion or application and all parties entitled to service.

f. Notice of Initial Hearing.

    1. Unless otherwise ordered by the Court, upon the timely filing of a response or objection, a Notice of Initial Hearing shall be issued and sent by the Clerk’s Office to the party who filed the motion or application.  The party who filed the motion or application shall then serve the Notice of Initial Hearing on all parties entitled to service and file a certificate of service evidencing that such service was made.
    2. Absent timely filing of a response or objection, the Court may direct the Clerk’s Office to issue a Notice of Initial Hearing to the party who filed the motion or application.  The party who filed the motion or application shall then serve the Notice of Initial Hearing on all parties entitled to service and file a certificate of service evidencing that such service was made.

g. Reply and Sur-reply.

    1. Any reply to the response(s) or objection(s) shall be no more than five (5) pages and shall be filed no later than the last business day at least three (3) days before the scheduled Initial Hearing on the Contested Matter. Unless otherwise ordered by the Court, a reply is not a necessary pleading.  Replies shall be served on all parties who responded or objected to the motion or application and all other parties entitled to notice.
    2. No sur-replies shall be filed without authorization by the Court.  If a sur-reply is authorized to be filed, it shall be served upon the party who filed the motion or application and all parties entitled to service.

h. Initial Hearing.

    1. The Initial Hearing scheduled on a Contested Matter shall not be an evidentiary hearing at which witnesses may testify or documents will be admitted into evidence unless:
      1. The Court gives notice to the parties that such hearing will be an evidentiary hearing; or
      2. The Motion or Application requests emergency relief.
    2. The Court may grant any relief it deems appropriate at the Initial Hearing, including the relief requested in the motion or application, and may determine that no further hearing is necessary.

i. Final Hearing

    1. After the conclusion of the Initial Hearing, the Court may, as necessary, schedule a Final Hearing.  A Notice of Final Hearing, which states the date and time thereof, shall be sent by the Clerk’s Office to the party who filed the motion or application.  The party who filed the motion or application shall then serve the Notice of Final Hearing on all parties entitled to service and file a certificate of service evidencing that such service has been made.
    2. As necessary, the Final Hearing may be an evidentiary hearing. 
    3. The Court may conduct a status/scheduling conference at the conclusion of the Initial Hearing or on another date to address the scheduling of the Final Hearing.  The status/scheduling conference may discuss the scheduling of the filing of stipulations concerning the admissibility of documentary or other evidence, stipulations of fact, witness and exhibit lists with proposed exhibits, and the date and time of the Final Hearing.
    4. The Court may request proposed scheduling orders for the Final Hearing with proposed dates for the filing of stipulations concerning the admissibility of documentary or other evidence, stipulations of fact, witness and exhibit lists with proposed exhibits, and the date and time of the Final Hearing.
    5. The Court may request additional briefing on the Contested Matter prior to or after the Final Hearin

j.  Continuances: Request for Continuance of Initial Hearing.

    1. Any request for continuance of an Initial Hearing must be made at least seven (7) days before the scheduled Initial Hearing and must be made by filing a Request for Continuance of Initial Hearing form.
    2. If a continuance of the Initial Hearing is granted, a Notice of Final Hearing, which states the date and time thereof, shall be sent by the Clerk’s Office to the party who filed the motion or application.  The party who filed the motion or application shall then serve the Notice of Final Hearing on all parties entitled to service and file a certificate of service evidencing that such service has been made.
    3. Unless the request for a continuance of Initial Hearing is granted before the Initial Hearing, the Contested Matter will be heard as scheduled.

 

k. Continuances: Motion for Continuance of Final Hearing.

 

    1. Any motion for continuance of a Final Hearing must be made at least three (3) business days before the scheduled Final Hearing and must be made by motion and served upon all parties entitled to service.  The motion shall:
      1. State in detail the reasons for the requested continuance;
      2. State whether any prior continuance has been granted and the number of prior continuances granted, and
      3. Include a statement by the movant pursuant to D. Conn. L. Civ. R. 7(b)(2) regarding the position of said request of all non-moving parties.
    2. If the motion for a continuance is granted, the Court may issue a Notice of Continued Final Hearing, which states the date and time thereof, and shall be sent by the Clerk’s Office to the party who filed the motion or application commencing the Contested Matter.  The party who filed the motion or application shall then serve the Notice of Continued Final Hearing on all parties entitled to service and shall file a certificate of service evidencing that such service has been made.
    3. Unless the motion to continue the Final Hearing is granted before the Final Hearing, the Contested Matter will be heard as scheduled.

 

l. Extension of Time Due to Continuance of Hearing.

Unless an order granting a continuance states otherwise, a continuance of the hearing on the Contested Matter automatically extends the time for filing and serving reply documents in accordance with the procedure governing the filing of a Reply as set forth in paragraph (f) of this Rule.

m. Motions, Applications, Pleadings that do not follow Contested Matter Procedure and May be Scheduled for a Hearing.

    1. All motions, applications, and other filings or pleadings that do not follow the Contested Matter Procedure and which may, within the Court’s discretion, be scheduled for a hearing are set forth in Appendix M.
    2. Sections (a) and (b) of this Rule apply to matters that appear on Appendix M. 
    3. Sections (d) through (l) of this Rule do not apply to matters that appear on Appendix M.
    4. Unless otherwise ordered by the Court or set forth in a Notice of Hearing, D. Conn. L. Civ. R. 7, last amended January 12, 2024, as further amended if applicable, governs the filing of responses, replies, and sur-replies to a matter appearing on Appendix M and requests for extension of time to file such documents.

n. Motions, Applications, Pleadings that are Exceptions to the Contested Matter Procedure and Shall be Scheduled for a Hearing.

    1. All motions, applications, and pleading that do not follow the Contested Matter Procedure and which shall be scheduled for a hearing are set forth in Appendix N. 
    2. Sections (a) and (b) of this Rule apply to matters that appear on Appendix N. 
    3. Sections (d) through (l) of this Rule do not apply to matters that appear on Appendix N.

A Notice of Hearing shall be issued and sent by the Clerk’s Office to the filer of a motion or application that appears on Appendix N.  The Notice of Hearing shall set forth a Response Date and Reply Date.  Unless the Notice of Hearing provides otherwise, the filer of the motion or application shall then serve the Notice of Hearing on all parties entitled to service and file a certificate of service evidencing that such service was made.