An attorney shall not file a paper requiring a person's signature without obtaining the person's signature on such paper after its preparation.
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A motion to withdraw the reference shall be filed with the clerk of the bankruptcy court. The movant shall contact the courtroom deputy for the assigned bankruptcy judge to make arrangements for the assignment of a district judge. Any papers relating to the motion to withdraw the reference shall be filed with the clerk of the bankruptcy court and shall also be filed with the clerk of the district court.
A motion to abstain shall be filed as follows:
(1) Bankruptcy Case. A motion to abstain from a case under either 11 U.S.C. section 305 or 28 U.S.C. section 1334 shall be deemed timely if filed not later than 30 days following the conclusion of the 11 U.S.C. section 341 meeting of creditors.
(2) Adversary Proceeding. A motion to abstain from an adversary proceeding shall be deemed timely if filed not later than the date set for filing a response under Fed. R. Bankr. P. 7012 or, if the proceeding was removed to the bankruptcy court pursuant to 28 U.S.C. section 1452, then within 21 days after the notice of removal is filed. If a motion for abstention is filed and denied, then the time for filing an answer or other responsive pleading shall be extended until 14 days after the entry of an order denying the motion.
(3) Contested Matter. In a contested matter, a motion for abstention shall be deemed timely filed if filed within the time allowed for responses or objections to the matter. If a motion for abstention is filed and denied, then the time for filing a response or objection to the contested matter shall be extended until 14 days after the entry of an order denying the motion.
A motion for continuance of a hearing based solely on the agreement of counsel will not automatically be granted.
(1) Prohibition Against Cameras, Transmitters, Receivers, and Recording Equipment. No cameras, transmitters, receivers or recording equipment may be brought into or used in any courtroom or court environs. Environs include:
(A) the entire floor where a bankruptcy courtroom is located;
(B) the entire floor where a bankruptcy judge's chambers are located; and
(C) the entire floor where any meeting of creditors is located.
(2) Authority to Impound Equipment. The U. S. Marshals Service may impound the above‑described equipment brought into the courtroom or court environs.
(3) Exemptions from Prohibition. The prohibitions of this rule do not apply to:
(A) a stenographic or recording device used by an official court reporter, case trustee, or other authorized court personnel or personnel of the Office of the United States trustee;
(B) equipment brought into court during investitive, ceremonial or naturalization proceedings;
(C) a telephone, pager, personal digital assistant or any other device, including any device which includes a camera or audio component (for still or video photography) if the device (including the camera or audio component) is turned off while court is in session; however, at no time may the camera or audio component be activated while in the courthouse unless in connection with an investitive, ceremonial or naturalization proceeding;
(D) a laptop computer as long as it does not make noise or interfere with court proceedings; or
(E) a device required because of a person's disability.
A transcript of a court proceeding shall include the name of the entity who ordered the transcript.
(a) Motions for and Notices of Sale of Property. A motion for sale and the notice thereof shall, in addition to the information required by Fed. R. Bankr. P. 2002 and Fed. R. Bankr. P. 6004, set forth:
(1) the terms of the sale;
(2) in a private sale, the name of the purchaser and the purchaser's relationship, if any, to the debtor;
(3) any valuations of the property to be sold made within the 12-month period prior to the filing of the motion that are known to the movant;
(4) the anticipated fees and expenses related to the sale;
(5) whether the sale includes personally identifiable information;
(6) in a chapter 11 case, whether the assets proposed to be sold comprise a substantial part of debtor's estate or will affect debtor's ability to continue operating as a going concern;
(7) in the notice, the date of the hearing on the motion (if set); and
(8) in the notice, the deadline for filing objections to the motion.
(b) Additional Requirements for Motions for and Notices of Sales Free and Clear of Interests. In addition to the information required under subdivision (a), the notice of a motion to sell property free and clear of liens or other interests under 11 U.S.C section 363(f) shall include:
(1) a statement that the property is to be sold free and clear of liens or other interests;
(2) the name of the alleged holder of and the amount and nature of each lien or other interest in the property;
(3) the sub-paragraphs of 11 U.S.C. section 363(f) under which the sale is claimed to be authorized; and
(4) if the proceeds of the sale appear to be insufficient to pay all the liens and other interests in the property, then the notice shall further state:
(A) the liens and other interests that may not be paid from the sale proceeds; and
(B) why the sale is necessary.
(5) If the movant does not intend for the interests of others in the property to attach to the proceeds, the movant shall clearly set forth this intent and provide the basis for the request.
Unless the court orders otherwise, notice of:
(1) a motion to assume or reject executory contract;
(2) a motion to compel performance of a lease of non-residential real property or to extend the time for performance under 11 U.S.C. section 365(d)(3); or
(3) a motion under 11 U.S.C. section 365(d)(3) or 365(d)(4) to extend the period to assume or reject an unexpired lease of real property shall be provided to, in addition to the entities listed in Fed. R. Bankr. P. 6006(c) and Fed. R. Bankr. P. 9013,
(A) those entities entitled to receive notice under the terms of the contract or lease;
(B) in a chapter 9 or 11 case, any creditors' committees or the creditors holding the 20 largest unsecured claims if no committee has been appointed;
(C) in a chapter 12 or chapter 13 case, the case trustee; and
(D) any party who has requested notice.
Except for motions for summary judgment that are governed by NM LBR 7056-1, a respondent shall file and serve a response to a motion within 21 days after service of the motion. The movant may file and serve a reply within 14 days after service of the response. Briefs or memoranda are optional, unless otherwise ordered by the court.
(a) Form. Pretrial orders shall substantially conform to the form promulgated by the judge assigned to the matter.
(b) Unilateral Pretrial Order. Any party who does not cooperate in preparing the joint pretrial order in a timely manner may be subject to sanctions, including being precluded from calling any witnesses or submitting any exhibits at trial. The opposing party may file a motion seeking entry of a pretrial order in the form prepared by that party, setting forth the details of the other party's lack of cooperation.
(a) Application of Fed. R. Civ. P. 26. Unless the court orders otherwise, Fed. R. Civ. P. 26(a), 26(d)(1), and 26(f) shall not apply in contested matters or in adversary proceedings.
(b) Format. When interrogatories, requests for production of documents or things, or requests for admission are served, in addition to service in paper (if required), the proponent shall provide the discovery documents in Word or WordPerfect format, if feasible. The answer, response, or objection shall be set forth after the interrogatory or request, or in the space provided.
(c) Numbering. Each interrogatory or request shall be numbered sequentially across sets, e.g., first set, numbered 1-5; second set, numbered 6-10; etc.
(d) Filing of Discovery Documents.
(1) Discovery requests and responses thereto, including interrogatories, requests for production or inspection of documents, and requests for admission, are served upon other parties but shall not be filed with the court except in connection with a motion to compel, for a protective order, or for discovery sanctions.
(2) Certificates of service of discovery requests and responses thereto and of notices of depositions shall be filed with the court within a reasonable time after service is made.
(a) Notice of Deposition. Counsel shall confer in good faith regarding scheduling of depositions before serving notice of deposition. Service of notice of deposition in accordance with Fed. R. Bankr. P. 7030 shall be made at least ten days before the scheduled deposition. The time for serving notice may be shortened by agreement of all parties or by court order.
(b) Non-appearance at Deposition. Failure of a deponent to appear at the time and place designated may be regarded as a willful failure to appear pursuant to Fed. R. Bankr. P. 7037 or as contemptible conduct pursuant to Fed. R. Bankr. P. 9016 unless a motion for protective order and a notice of non-appearance are served at least three days before the scheduled deposition. The court may impose sanctions if it finds that the motion is frivolous or put forth for dilatory purposes.
(c) Deposition Fees. A court reporter must certify in a deposition transcript the reporter's fees for the deposition.
(d) Depositions Not Filed. Unless the court orders otherwise, deposition transcripts and certificates of completion of depositions shall not be filed.