Local Rule 9021. ENTRY OF JUDGMENTS AND ORDERS

Please review Administrative Order 2010-10 for amendments to this rule.

(a) Preparation of entry of orders and judgments.

(1) Unless otherwise ordered, the attorney for the prevailing party must prepare all proposed findings of fact, conclusions of law, judgments, and orders (collectively, for purposes of this Rule, "Orders"), formatted in accordance with the court’s electronic filing procedures described in LR 5005.

(2) All proposed Orders must accurately reflect the court's ruling.

(3) Unless otherwise ordered, any proposed Order must be submitted to the court promptly after the conclusion of the hearing, but in no event later than twenty-eight (28) days after the hearing is concluded.

(4) Unless otherwise ordered, if no proposed Order is submitted within twenty-eight (28) days after the date upon which the matter was heard, any party in interest may submit a proposed Order in a manner that complies with this rule.

(5) Unless otherwise ordered, if no Order is submitted within thirty-five (35) days of a hearing, the motion or other matter will be deemed withdrawn, without prejudice, subject to a motion under Fed. R. Bankr. P. 9024.

(6) If an Order is submitted after thirty-five (35) days and the court signs said Order, that shall be conclusive proof that the court has otherwise ordered within the meaning of subsection (a)(5).

(b) Transmission; approval and disapproval; objections.

(1) Counsel preparing documents listed in subsection (a) above must transmit them by hand delivery, facsimile, email, overnight delivery, or United States Mail to all counsel or unrepresented parties who appeared at the hearing or filed and served objections.

(2) Unless the court orders otherwise, parties will have three (3) business days from receiving proposed orders to communicate their approval or disapproval to the transmitting counsel.

(A) If disapproved, the disapproving party will have five (5) business days from receiving the document to serve and file with the court a detailed statement of objections and an alternate proposal for the document.

(B) Any response to the objection must be filed within five (5) business days after the objection is lodged.

(3) Approval indicates only that the document accurately reflects the ruling of the court and does not constitute agreement with the ruling or waiver of any rights of appeal.

(c) Certification language.

(1) Documents listed in subsection (a) above must be submitted to the court with the following certification from the submitting counsel:

In accordance with LR 9021, counsel submitting this document certifies as follows (check one):

___ The court has waived the requirement set forth in LR 9021(b)(1).

___ No party appeared at the hearing or filed an objection to the motion.

___ I have delivered a copy of this proposed order to all counsel who appeared at the hearing, and each has approved or disapproved the order, or failed to respond, as indicated below [list each party and whether the party has approved, disapproved, or failed to respond to the document]:

___ I certify that this is a case under chapter 7 or 13, that I have served a copy of this order with the motion pursuant to LR 9014(g), and that no party has objected to the form or content of the order.

(2) No language other than "approved" or "disapproved" may appear above opposing counsel's signature; and

(3) Unless the court orders otherwise, "opposing counsel" means any attorney who appeared at the hearing regarding the matter that is the subject of the order or who filed objections.

(4) Variation from the certification language indicated in paragraph (c)(1) may be cause for returning the draft order unsigned by the court.

(d) Orders on applications or motions for which no hearing is held, and no objections are received. If a party requests an order on an application or motion, but did not schedule a hearing on the motion or application, relying instead on the absence of any objection to the requested relief, the party must also submit, with the proposed order, a declaration or affidavit containing the following:

(1) A summary of why a hearing is not necessary in the matter;

(2) A statement of how and when notice of the application or motion was served, and a list of those entities served; and

(3) A statement that the declarant or affiant has not received relief and knows of no objections to the relief requested as of the time the proposed order was submitted.