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LR 5.3 Motions: Notice of Motions and Objections


(a) Service. Except in the case of an emergency or unless otherwise ordered, written notice of the intent to present a motion, or an objection to a magistrate judge’s order or report under F. R.Civ.P. 72, specifying the date on which the motion or objection is to be presented, a copy of the motion or objection and any accompanying documents must be served as follows: 

(1) Personal service. Personal service must be accomplished no later than 4:00 p.m. of the second business day preceding the date of presentment. Personal service shall include actual delivery within the time specified by this section by a service organization providing for delivery within a specified time (e.g., overnight service) or by electronic transmission pursuant to F. R.Civ.P. 5(b)(2)(D) and 5(b)(3).  

(2) Mail service. Where the service is by mail, the notice and documents shall be mailed at least seven days before the date of presentment. Ex parte motions and agreed motions or objections may be presented without notice.  

(b) Presentment. Every motion or objection shall be accompanied by a notice of presentment specifying the date and time on which, and judge before whom, the motion or objection is to be presented. The date of presentment shall be not more than 14 days following the date on which the motion or objection is delivered to the court pursuant to LR 78.1.  

 

 

Amended October 2, 2002; March 27, 2003; November 19, 2009 

 

 




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