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Section 10 - Motions

Motions Overview 

(See Appendix A and Appendix C.)

As with other filings, the user must choose the event, enter the case number, pick the party filer, and complete the Link Party Attorney screen as appropriate. During the transaction, the user will be prompted to upload the corresponding PDF file. To access the available motion types, the user should click on Motions under Motions and Related Filings menu. Multiple motion types may be selected simultaneously. 

(a) Motion to Vacate and/or Correct Sentence §2255

A Motion to Vacate and/or Correct Sentence pursuant to 28 U.S.C. §2255 is a motion in the criminal case, but in the civil case environment, it is construed as a case opening event. The system will automatically open the civil case for statistical purposes only.

(b) Motions for Extension of Time

Seven separate events address variations of motions for extension of time. Because each motion type creates and satisfies different deadlines when ruled upon by the court, it is important to select the motion type that most closely corresponds to the extension request. The generic Extension of Time event should only be used if the extension request does not match one of the six other extension events.

(c) Bill of Costs (See LR 54)

Cost Bills behave like a motion; consequently, the Bill of Costs event is found under the Motions menu. The user will be prompted to select deadlines (1) for filing objections to the proposed cost bill and (2) for the taxation of costs. A cost bill may be submitted either on the standard form supplied by the Administrative Office or in pleading form.

When the Cost Bill is submitted on the AO form, court staff will make a copy of the cost bill before posting. The document signed by the attorney will be uploaded. The copy will be forwarded to the judge for consideration. When costs are taxed, the Cost Bill form will be electronically posted to the case.

(d) Objections to Magistrate Orders

Objections behave like a motion; however the event is located on the Other Answer menu.

(e) Scheduling

(1) Response and Reply Deadlines: The response due date (see LR 7-1(f)(1)) and reply due date (see LR 7-1(f)(2)) for civil motions are automatically calculated and include the three days for mailing pursuant to Fed. R. Civ. P. 6(d). Although the due date for the response or reply will appear during the docket transaction, it is not editable by a non-court user and it will not display in the docket text. The response or reply date will still be set in the background for calendars and reports. Subsequent or extended response and reply dates set by the Court will continue to display in the docket text.

(2) Dispositive Motion Response and Reply Deadlines: Casewide dispositive motion response or reply due dates may be different from the actual response or reply dates generated when the dispositive motion is actually filed. Parties are cautioned to check the docket for overriding case deadlines for submissions which supersede the system-generated deadlines.

Responses and Replies

Events in this category are to be used in connection with all motion category events. The user should select the most appropriate event and then further describe the pleading in the docket text box. Following are some Response and Reply events of special note:

(a) Objections and Responses to Bill of Costs, and Findings and Recommendations

Cost bills and Findings and Recommendations are treated as motions; consequently the objection and response events to these documents are located on the Responses and Replies menu.

(b) Responses to Discovery Motions (See LR 26-3(c))

These events do not set a reply date.

(c) Linking

When posting a response or reply to a motion, the user is prompted to select the subject motion and create the link automatically. The response is to be linked to the motion, and the reply is to be linked to the subject motion. Where appropriate, the system will also schedule the reply due date upon the filing of the response.

Other Supporting Documents

Other supporting documents include documents signed by a third party. This menu contains events which may be linked to previously filed documents. The Related Documents screen is used to establish a hypertext link in the current event to previously filed documents. After selection of the Related Documents box, users will be prompted to select a category for the previously filed document. For example, the category 'cmp' would be selected to link the current document to the complaint event. As with other menus, the user is prompted to select the event, case number, attorney, and filer.