Change To Local Delaware Rule Governing Deadline For Filing And Service Of Motions

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On February 1, 2013, the United States Bankruptcy Court for the District of Delaware adopted a revised version of the Local Rules of Bankruptcy Practice and Procedure of the Court (the Local Rules). This Alert provides the court’s revised Local Rules, along with a redline version showing the revisions.

One of the significant changes made to the Local Rules was to lengthen the notice period for the filing and service of motions under Local Rule 9006-1. Old Local Rule 9006-1(c)(i) required motion papers to be filed at least 14 days prior to the hearing thereon. Old Local Rule 9006-1(c)(i) also explicitly required an additional three days’ notice if service was effected by mail. The rule was silent as to whether additional notice was required if service was accomplished by overnight delivery.

Revised Local Rule 9006-1(c)(i) (effective February 1, 2013), lengthens the notice period for the filing and service of motions governed by Local Rule 9006-1 to 18 days prior to the hearing thereon. The moving party is still required to add three days’ notice if service is effected by first class mail, but the Local Rule now also requires the addition of one day’s notice if service is made by overnight delivery.

Pepper Point: Although the changes to Local Rule 9006-1 are administrative in nature, due care should be exercised in observing the new deadlines, including calendaring deadlines in accordance with the revised Local Rule to ensure that motions are timely filed prior to an omnibus hearing date, in order to eliminate unnecessary costs and expenses related to a failure to follow the rule.

 

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