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Emergency Motions

Local Rule Number: 
Rule 9075-1
9000 Series

If a motion or other paper requests an emergency hearing, the title of the motion or paper must include the words “Emergency Hearing Requested”.  Any motion or paper requesting an emergency hearing must set forth with particularity, under a separate heading in the text:

(A)       the reason for the exigency and the date by which movant reasonably believes such hearing must be held; and

(B)       a certification that the proponent has made a bona fide effort to resolve the matter without hearing. 

Emergency hearings shall be held only where direct, immediate and substantial harm will occur to the interest of an entity in property, to the bankruptcy estate, or to the debtor’s ability to reorganize if the parties are not able to obtain an immediate resolution of any dispute.  The filing party must promptly notify the courtroom deputy or law clerk of the hearing judge, in the manner specified on the hearing judge’s homepage on the Court’s website maintained at www.flsb.uscourts.gov, that such motion or paper has been filed and the ECF number assigned to such filing.  The filing party must send such motion or other paper by email (in addition to any notice of electronic filing generated by the CM/ECF system) promptly after filing to all interested parties for whom an email address is reasonably ascertainable and, for all other parties, by telecopier or other means reasonably calculated to ensure prompt receipt.  The requirements of this rule are in addition to the service requirements set forth in the Bankruptcy Rules and these local rules.

[Comment: See also Local Rules 5005-1(B) (papers to be filed with clerk, not court) and 5005-1(F)(2) (emergency submittal of papers).]