(2) By notice, if action may be taken without court order in the absence of an objection. The notice shall be served by the party intending action upon all parties in interest as specified in subsection (c)(1) of this rule. If no objection is timely filed the action may be taken without a hearing. If an objection is timely filed, it is the duty of the objecting party to set the matter for hearing and request determination by the court. (b) Court calendar, hearing. (1) Unless otherwise directed by the court, all hearings (including motions in adversary proceedings, objections and other matters for which a hearing is necessary) shall be set by counsel or persons acting in pro se on the calendar of the judge to which the case is assigned. The court may set any matter for hearing whether or not a hearing is required by statute or rules. (2) Each judge of the court will maintain his or her motion calendar and specific court procedures. Information as to the time and dates of each judge’s calendar and respective procedures, including the allowance for live testimony, may be obtained from the clerk. (3) The first date set for the hearing may be deemed by the judge to be a status and scheduling hearing if the judge determines that evidence must be taken to resolve a material factual dispute. Uncontroverted facts may be taken as true. The judge may order a further hearing at which oral evidence and exhibits will be received, or may order that all evidence shall be presented by affidavit or declaration. (c) Notice of hearing, and service of motion and notice. (1) The movant shall obtain a hearing date and the notice of hearing shall be filed with the motion and shall include the following: (A) The date; (B) Time and place of the hearing; (C) A statement of the relief sought; (D) A statement of the time for filing and service of objections; (E) A statement that the relief requested may be granted without a hearing if timely objection is not filed and served as required by subsection (e)(1) of this rule; and (F) If a hearing has been set pursuant to an order shortening time, the motion and order shortening time will constitute notice of hearing. (2) Service of the motion and notice thereof shall be made in accordance with these rules and the Federal Rules of Bankruptcy Procedure and shall be made within two (2) business days of the filing of the motion. (A) The proof of service shall show the day and manner of service and the name of the person served. Proof of service may be by written acknowledgement of service or certificate of the person who made service. The court may refuse to take action on any papers until proper proof of service is filed. If an acknowledgement or certificate of service is attached to the paper presented for filing, it shall be attached underneath. The notice and accompanying proof of service shall be filed not more than five (5) business days after the filing of the matter. (B) Failure to make the proof of service required by this rule does not affect the validity of the service. Unless material prejudice would result, the court may at any time allow the proof of service to be amended or supplied. (C) Except for motions made pursuant to LR 7056 and LR 4001, and other motions or matters requiring more or less than twenty-five (25) days notice as provided elsewhere in these rules, service shall be completed so that all parties in interest are given not less than twenty-five (25) days notice of the hearing, unless the court shortens the time pursuant to LR 9006 or otherwise designates the parties to be served. (d) Contents of motion; affidavits and declarations. (1) The motion must state the facts upon which it is based and must contain a legal memorandum. If affidavits/declarations are used, they must be filed with the motion, attached as exhibits and tabbed appropriately. (2) Affidavits and declarations failing to comply substantially with all of the require­ments of subsection (d) of this rule may be stricken in whole or in part upon the request of an opposing party or upon the judge’s own initiative. A motion, supported by affidavits and declarations, made under penalty of perjury, shall: (A) Identify the affiant, the party on whose behalf the affidavit is submitted, and the motion to which it pertains; (B) Contain only factual evidentiary matter or expert opinion, conform as far as possible to the requirements of Fed. R. Civ. P. 56(e), and avoid mere general conclusions or arguments; (C) Specify the source and basis of any statement made on information and belief, and the reasons why it cannot be made upon personal knowledge; (D) Identify and authenticate documents and exhibits offered in support of the motion or opposition, unless such documents are already in the record and are specifically referred to and identified in the motion or opposition; and (E) If an appraisal, shall include a statement of the qualifications of the appraiser, and shall either be made under penalty of perjury or shall be included by reference into an affidavit or declaration of the appraiser. (e) Opposition or response required; reply. (1) Except for motions made pursuant to Fed. R. Bank. P. 7056 and LR 7056, an opposition to a motion must be filed and service completed upon the movant not more than fifteen (15) days after service of the motion, but in no event later than five (5) business days before the date set for the hearing so that the movant receives the opposition no less than five (5) business days before the hearing date or within the time otherwise fixed by the court. The opposition must set forth all relevant facts and must contain a legal memorandum. An opposition may be supported by affidavits or declarations that conform to the provisions of subsection (d) of this rule. (2) A reply memorandum may be filed and served upon the opposing party no later than two (2) business days before the date set for hearing or within the time otherwise fixed by the court. (3) Uncontroverted facts may be taken as true. If no response or opposition is filed within the time required by these rules, the court may enter an order granting the relief requested in the motion without further notice and without a hearing. (f) Limitation on Length of Briefs and Points and Authorities; Requirement for Index and Table of Authorities. Unless otherwise ordered by the court, pre-hearing and post-hearing briefs and points and authorities in support of, or in response to, motions shall be limited to twenty (20) pages including the motion but excluding exhibits. Reply briefs and points and authorities shall be limited to fifteen (15) pages, excluding exhibits. Where the court enters an order permitting a longer brief or points and authorities, the papers shall include an index and table of contents. (g) Stipulations. (1) Stipulations of counsel relating to proceedings before the court shall be in writing, signed by the parties to the stipulation and served on all other parties who have appeared. (2) No stipulations between the parties relating to proceedings before the court, except stipulations pursuant to Fed. R. Bank P. 7029, shall be effective until approved by the court and entered upon the court’s docket. (3) A dispositive stipulation shall be treated as a motion unless the stipulation is approved in writing by all counsel who have appeared for the parties and any party appearing in proper person. (4) Whenever any written stipulation contains a provision for continuing a hearing or a provision for vacating a pending hearing, a separate “Notice of Continuance of Hearing” or “Notice Vacating Hearing” shall be clearly set forth in the caption. Any Notice of Continuance of Hearing shall contain notification of the hearing date and time which is to be continued, and the new date and time which has been scheduled. Any Notice Vacating Hearing shall contain notification of the hearing date and time which is to be vacated. LR 9015. JURY TRIALS. (a) Designation to conduct jury trials. The bankruptcy judges of this district are designated to exercise all jurisdiction in civil jury cases pursuant to 28 U.S.C. § 157(e). Consent of the parties may be made in writing or orally on the record and, unless otherwise ordered by the court, must be given at least thirty (30) days prior to the date first set for trial. (b) Demand. Fed. R. Civ. P. 38 shall apply in adversary proceedings where there is a right to trial by jury. (c) Form of demand. Where demand is made for a jury trial, it shall appear immediately following the title of the complaint or answer containing the demand, or in such other document as may be permitted by Fed. R. Civ. P. 38(b). Any notation on the adversary proceeding cover sheet concerning whether a jury trial is, or is not demanded shall not constitute a demand for a jury trial under these local rules. (d) Procedure. In any proceeding in which a demand for a jury trial is made, the court shall, upon motion of one of the parties or upon the court’s own motion, determine whether the demand was timely made and whether the demanding party has a right to a jury trial. The court may, on the judge’s own motion, determine that there is no right to a jury trial in a proceeding even if all the parties have consented to a jury trial. (e) Consent and withdrawal. If the court determines that the demand was timely made and the party has a right to a jury trial, and if all parties have not filed a written consent to a jury trial before the court, the bankruptcy judge shall preside over all pretrial proceedings. When the proceeding is ready to be tried by a jury, the court shall certify that fact to the district court, and further certify that the parties have not consented to a jury trial in the bankruptcy court. Upon such certification, reference of the proceeding shall be automatically withdrawn and the proceeding assigned to a district court judge. (f) Non-jury determination. If the court determines that a jury demand was not timely made, or the demanding party is not entitled to a jury trial, the proceeding shall be heard as a non-jury proceeding before the court. (g) Certification to United States District Court. If, upon timely motion of a party or on the judge’s own motion, the court determines that a claim is a personal injury tort or wrongful death claim requiring trial by a district court judge, the proceeding shall be certified to the district court based upon that fact pursuant to 28 U.S.C. § 157(b)(5). LR 9017. USE OF ALTERNATE DIRECT TESTIMONY AND EXHIBITS AT TRIALS. (a) Purpose. The purpose of this procedure is to facilitate pretrial preparation and to streamline the adducement of direct testimony at trials of adversary proceedings. This procedure shall be known as the “alternate direct testimony procedure.” (b) Stipulation for use. Upon stipulation of all parties involved and the approval of the judge, or upon order of the court, the alternate direct testimony procedure may be utilized in all trials of adversary proceedings or contested matters. The stipulation shall be filed with the court no later than the time of the pretrial conference required by LR 7016 and 7026. (c) Preparation of direct testimony and exhibits. Unless otherwise ordered by the court, each attorney shall prepare a written declaration or affidavit of the direct testimony of each witness to be called, except hostile or adverse witnesses. The declaration or affidavit shall be executed by the witness under penalty of perjury. Each statement of fact or opinion shall be set forth in separate sequentially numbered paragraphs and shall contain only matters which are admissible under the Federal Rules of Evidence. Declarations and affidavits shall conform to the provisions of LR 9014(d)(2). (d) Submission of declarations, exhibits, and objections. Unless otherwise ordered by the court, copies of all declarations of witnesses and exhibits which are intended to be presented at trial shall be furnished to opposing counsel and lodged with the court as follows: (l) The plaintiff shall submit all declarations and exhibits comprising plaintiff’s case in chief ten (10) business days before the trial;

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