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Judge Goldgar will strictly enforce L.R. 9013-1(C)(1) starting October 16, 2023

Monday, September 18, 2023

Under the bankruptcy court’s Local Rules, a notice of motion must accompany every motion.  Local Rule 9013-1(C)(1) says that the notice of motion must be Local Form G-3 and must be “signed by the moving party or counsel for the moving party.”

It has come to Judge Goldgar’s attention that some lawyers are filing unsigned notices of motion.  Often, the signature line on Local Form G-3 has simply been deleted.  Sometimes, the certificate of service appears below the notice of motion on a single page, and only the certificate has been signed.  But the notice of motion and certificate of service are separate items, and both must be signed.  If both appear on the same page, two signature lines and two signatures are necessary.

Local Rule 9013-1(H) allows the court to deny a motion that fails to comply with any part of Local Rule 9013-1.  Starting October 16, 2023, Judge Goldgar will strictly enforce Local Rule 9013-1(C)(1) and will deny without prejudice any motion that has an unsigned notice of motion.  The denial will appear in advance on the court calendar portion of the court’s website, and the motion will not be called.