Motion Procedure

 

Motion Procedure

for the Eastern District of Oklahoma For Electronic Case Filing

The following instructions will guide you through the process of filing and docketing all Motions in the Eastern District of Oklahoma. To assist you in the preparation of your Motion and Notice the Court has prepared a Guide To Rules, Proceedings and Hearings that is an alphabetical listing of Motions and Applications, the Bankruptcy Rule and Code Section associated with the Motion, the type of Notice of Motion Form 20A that should be filed with the Motion, the Objection or Notice of Hearing Requirement for the Motion, to whom the Motion should be mailed and any applicable fees associated with the Motion. This Guide can be found on the Court’s web page: www.okeb.uscourt.gov Court info> Local Rules and Orders> Guide to Rules, Proceedings and Hearings.

Step 1 Prepare your Motion in WordPerfect or Microsoft Word and save as a PDF document. 

Step 2 Go to the Court’s web page: www.okeb.uscourt.gov Choose Hearing Dates for Motions. Choose the chapter. Click the [ ] drop down to see a list of Motions. Choose the Motion you are filing. If your Motion is not listed, Choose General Motions with Notice.

Step 3 The next screen will be a pop up screen; you must disable pop up blocker to see the screen. The screen will display a date at the top in red under: These dates are good for this day only. Ensure the date is the current date. If not, clear your cache and try again. If you need assistance call the court at the number on the screen.

 Write down the objection deadline date, the hearing date, time and location on the screen. 

Click on the hyperlink for the Form 20 to be used for this particular Motion. Complete the styling with the Debtor’s name, case number and chapter. Then type the name of the filer of the Motion, title of the Motion, objection date, date of hearing, time, date, Attorney’s electronic signature, address, phone and e-mail. 

Complete the styling of the Certificate of mailing, then type the name of the attorney. Then type the date performing the mailing the of the Motion and the Notice. (Note: The Notice must be mailed on the same date the objection & hearing date was obtained). Type the title of the Motion and the Notice of Motion. Under the print First Class Mail type the names and addresses you mailed the Motion and Notice to by mail. If required to mail to the all creditors (mailing matrix) type "To the Current Matrix Listed on File with the Court as of this date". Type the Attorney’s Electronic Signature, Address, Phone and Email.

 Save the entire document as a PDF document. 

Step 4 Mail the Motion and the Notice to proper parties. If required to mailed to all creditors you must obtain the Official Mailing Matrix from CM/ECF. Log in to CM/ECF. Choose Utilities> Mailings > Mailing Info for a case this will include all creditors, entries of appearances, change of addresses and preferred addresses. Do not mail any Motion or Notice to the Court address.

 Step 5 Log in to CM/ECF. File the Motion under the heading BANKRUPTCY or ADVERSARY, then Motions then choose the correct event for your relief type. If filing a Motion for Relief from Stay and Abandonment make sure that you choose both relief types. Attach your PDF Motion. The Motion PDF will be electronically mailed to all parties that have elected to receive electronic notice. If required to be mailed to the matrix, you may choose to attach your certificate of mailing that states the Motion was mailed to all parties listed on the courts official mailing matrix.

 You will be asked to check one of two boxes.

1) If your pleading notified all parties electronically, please check All parties entitled to receive notice were served by the CM/ECF system OR 

2) If your pleading contains a Certificate of Service and Parties entitled to receive notice were served by the CM/ECF system, please check. Certificate of Service Included and Parties entitled to receive notice were served by the CM/ECF system. 

Step 7 File the Notice of Motion under the heading BANKRUPTCY, Notices then choose the correct Form 20 that matches the one you are filing and attach your PDF Notice. The Notice of Motion PDF will be electronically mailed to all parties that have elected to receive electronic notice. If required to be mailed to the matrix, you may choose to attach your Certificate of Mailing that states the Notice of Motion was mailed to all parties listed on the courts official mailing matrix.

 You will be asked to check one of two boxes.

1) If your pleading notified all parties electronically, please check All parties entitled to receive notice were served by the CM/ECF system OR 

2) If your pleading contains a Certificate of Service and Parties entitled to receive notice were served by the CM/ECF system, please check. Certificate of Service Included and Parties entitled to receive notice were served by the CM/ECF system.

Step 8 If you did not already file a Certificate of mailing with the Motion and the Notice, you should file a Certificate of Mailing containing electronic notice and any parties mailed by U.S. mail under the heading BANKRUPTCY or ADVERSARY then Motions, Notice, Other.

 You will be asked to check one of two boxes.

1) If your pleading notified all parties electronically, please check All parties entitled to receive notice were served by the CM/ECF system OR

 2) If your pleading contains a Certificate of Service and Parties entitled to receive notice were served by the CM/ECF system, please check. Certificate of Service Included and Parties entitled to receive notice were served by the CM/ECF system.

Step 9 Prepare a proposed order granting the relief requested shall include the following: The top margin of the first page must be four (4) inches. All other pages should be one inch. The Last in the order must be three (3) pound symbols (###), centered in the middle of the page, to indicate the order is completed. Omit all lines including the lines for the date and a signature line for the Judge. Include the "The Movant Shall Notify All interested Parties Of This Order". Save as a PDF.

Step 10 Submit proposed order. Proposed orders must be submitted electronically using Order Upload in CM/ECF. Upload through CM/ECF by selecting BANKRUPTCY or ADVERSARY>Order Upload>Upload Single. In certain circumstances, in addition to uploading the order, the order should be attached to the motion, pursuant to Bankruptcy Rule 4001. See also Local Rule 9072-1. 

If a Form 20A Notice of Motion is filed, and no objection is filed to the Motion, the Proposed Order will be submitted to Chambers upon expiration of the objection time to the Motion and the Hearing is stricken without Notice.

If an Objection is submitted to any Motion all Parties should be prepared to attend the hearing. No further notice of the hearing will be mailed.

If Form 20B, C, D, E, or F are used a hearing will be held irregardless of opposition or response. 

Call the Court if there is a question regarding the Court’s Motion, Notice of Motion or Proposed Order procedure at 918-549-7200.