Under Default Procedure

Under Conventional Procedure

            Motion or Application

Days to
Response
Deadline

Days between

response deadline

and hearing*

Total Days
to Hearing

Days to
Response
Deadline

Days between

response deadline

and hearing*

Total Days
to Hearing

Code or Rule Cited

Amend (Motion to)

11

3

14

Vt. LBR 9013-2

Appear pro hac vice

No notice or hearing required.

Vt. LBR 2090-1;
USDC-VT LR 83.2(b)

Application (Generic)

No notice or hearing required. However, if application is to UST, then UST is given 14 days to respond.

Vt. LBR 9013-2

Approve Compromise and Settlement

21

7

28

18

3

21

Fed. R. Bankr. P. 2002, 9019

Certification to Court of Appeals

Notice and hearing issues will be determined by Court of Appeals.

28 U.S.C. Sec. 158(d)(2)

Compel

14

7

21

11

3

14

Vt. LBR 9013-2

Consolidate (Substantively)

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Vt. LBR 1015-1, 9013-2

Consolidate for Trial

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Vt. LBR 9013-2

Contempt

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Fed. R. Bankr. P. 9020

Continue Hearing

Without hearing, only for good cause and with consent of parties in interest.

Vt. LBR 5071-1;
Vt. LBR 9011-4 (f),(g)

Default Judgment (Application for Entry of Default and Entry of Judgment by Clerk)

No notice or hearing required.

Fed. R. Bankr. P. 7055;
Vt. LBR 7055-1

Default Judgment (Application for Entry of Default and Motion for Judgment by Court)

If the party against whom entry of judgment by default is sought has appeared in the action or the Court determines that evidence is necessary in order to fix the amount due, compute damages or establish the truth of any averment, the Court shall set a hearing.

Fed. R. Bankr. P. 7055;
Vt. LBR 7055-1

Defer Fee (Application)

On application; no notice or hearing required.

Dismiss Adversary Proceeding

If not stipulated, then will be treated as non-routine. Opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary. (NOTE: A complaint under Sec. 727 can be dismissed only by motion and after a
hearing.)

Fed. R. Bankr. P. 7041

Dismiss Party

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Disqualification of Judge

Court will set hearing if necessary.

Expedite Hearing

See: Vt. LBR 9075-1

Fed. R. Bankr. P. 2004;
Vt. LBR 9013-2; 9075-1

Extend Time

14

7

21

11

3

14

Vt. LBR 9013-2

Generic Motion

11

3

14

Vt. LBR 9013-2

Intervene

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Fed. R. Bankr. P 7024

Join

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Miscellaneous Relief

11

3

14

Vt. LBR 9013-2

More Definite Statement

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Fed. R. Bankr. P 7012

Notice of Dismissal in AP (Stipulated or Prior to Answer)

No notice or hearing required.

Preliminary Injunction

Refer to Vt. LBR 9075-1 if matter is an emergency, otherwise opposing parties have 14 days to respond. Court
will set set hearing if necessary.

Protective Order

Refer to Vt. LBR 9075-1 if matter is an emergency, otherwise opposing parties have 14 days to respond. Court
will set set hearing if necessary.

Quash

Refer to Vt. LBR 9075-1 if matter is an emergency, otherwise opposing parties have 14 days to respond. Court
will set hearing if necessary.

Reconsider

Non-Routine: Court will set hearing if necessary.

Remand

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Sanctions

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

28 U.S.C. Sec. 1927;
Fed. R. Bankr. P. 9011(c);
Vt. LBR 4071-1; 9011-3

Set Hearing

Court will set hearing if necessary.

Sever Party

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Shorten Time

Refer to Vt. LBR 9075-1 if matter is an emergency, otherwise opposing counsel has 14 days to respond. Court
will set set hearing if necessary.

Stay Pending Appeal

Refer to Vt. LBR 9075-1 if matter is an emergency, otherwise opposing counsel has 14 days to respond. Court
will set set hearing if necessary.

Strike

Non-Routine: if filed within [20] days of service of pleading, opposing parties have 14 days to respond. Any reply
memoranda must be filed within 7 days of the response. Court will set hearing if necessary.

Substitute Attorney***

14

7

21

11

3

14

Vt. LBR 2091-1

Summary Judgment

Opposing parties have 21 days to respond. Moving parties have 7 days to reply to response.

Fed. R. Bankr. P. 7056;
Vt. LBR 7056-1

Transfer Adversary

14

7

21

11

3

14

Vt. LBR 7056-1

Withdraw as Attorney ***

11

3

14

Vt. LBR 2091-1

Withdrawal of Reference (fee)

Non-Routine: opposing parties have 14 days to respond. Any reply memoranda must be filed within 7 days of the response. Clerk will forward to U.S. District Court when response time has expired.

28 U.S.C. Sec. 157