You are here

What You Need to Know When Filing an Emergency Motion


(a) Defining an Emergency Matter. The Court will deem a matter an “emergency matter” only if the movant demonstrates that the need for immediate relief is necessitated by circumstances beyond the movant’s control and that there is not sufficient time to give the notice required by the Code and the Bankruptcy Rules. A movant’s failure to address a matter in a timely manner does not warrant treatment as an “emergency matter” under these Rules.

(b) Procedures for Seeking Relief in an Emergency Matter.

  (1) Filing Requirements. Absent exigent circumstances, the movant must file documents for the Court’s consideration stating the nature of relief sought, the legal basis for that relief, and the facts creating urgency. Movant must include the word “Emergency” in the caption of the documents filed and must either e-file or e-mail the documents to the Clerk’s Office.
  (2) Telephonic Notice to Clerk’s Office. To ensure prompt attention, the movant must also call the Clerk’s Office to alert a staff member (preferably, the courtroom deputy at 802-657-6404 or Clerk’s Office at 802-657-6400) that they have just filed an emergency motion.
  (3) Notice Requirements. The movant must notify all affected parties, as well as the case trustee and the United States Trustee of any emergency motion. In very time-sensitive instances, the Court may approve notification via telephone or e-mail. Absent exigent circumstances, the movant is required to file a notice of hearing and certificate of service indicating the parties they notified and the method of notification.
  (4) Hearing. If, after reviewing the papers, the Court determines an emergency hearing is necessary, the parties shall appear in person for a hearing, unless the nature of the emergency and time constraints warrant remote participation. If testimony will be necessary to support the relief sought, the movant must request an evidentiary hearing. Otherwise, the hearing will be limited to legal arguments by counsel. The movant must coordinate the hearing date, time, and location with the courtroom deputy. If the movant will need participation of parties who can only appear remotely, it is the movant’s responsibility to obtain Court approval of those remote appearances as far in advance of the hearing as possible.
  (5) Waiver of Filing Requirements and/or Hearing. If the Court determines there are exigent
circumstances, in rare circumstances it may either (A) set a hearing to consider the emergency, matter prior to the movant’s filing or service of the motion documents, or (B) rule on the motion without a hearing. The Court will determine what documents the movant must file and by when, as well as the nature and timing of the hearing after the Court has considered the facts and circumstances of the emergency matter.

If your emergency matter is AFTER BUSINESS HOURS OR A HOLIDAY, please call the Clerk of Court at 802-951-8118.