US Flag MONDAY, APRIL 23, 2018
IMAGE: "Sawtooth National Forest - Stanley, Idaho"

U.S. DISTRICT COURT

District of Idaho

Chief Judge B. Lynn Winmill

Public 1
U.S. Courts District of Idaho Seal
Chief U.S. Magistrate Judge Ronald E. Bush
Motion Practice
Judge Bush's Motion Practice

Judge Bush's Motion Practice

Hearings:  Upon review of the briefing, the Judge will determine if a hearing is necessary. Typically, the Judge will require the parties to present oral argument on dispositive motions. Counsel should be prepared for questions from the Bench. The Court will have read the briefs, and counsel will be expected to discuss their argument.

Notice of Hearing: If the Judge determines a hearing is necessary, the Court will issue a notice of hearing. The parties do not need to contact the Court to schedule a hearing. (Dist. Idaho L. Rule 7.1)

Telephonic Hearings: As a general rule, telephonic hearings will be scheduled only upon request and authorization by the Judge, and only if the parties are unable to attend an in-person hearing. The Court's notice of hearing will provide instructions for initiating the telephone conference, and typically will require the moving party to initiate the call.

Motions for Summary Judgment: The Court prefers only one dispositive motion per side. If it becomes necessary, due to the complexity or number of issues presented by some cases to address all issues within the 20 page limit for briefs, Dist. Idaho Loc. R. 7.1(b)(1), then it is appropriate to file a motion for permission to file an over-length brief, rather than filing mutual dispositive motions  in an effort to avoid the 20 page limit.

Cross Motions for Summary Judgment: To avoid the panoply of briefs generated by the filing of cross motions for summary judgment, the Court prefers that the briefing be combined as follows: initial motion for summary judgment; response combined with cross motion; reply combined with response to cross motion; and a final reply brief. If the parties are unable to address the issues in the 20 page limit, they may request permission to file an overlength brief. 

Motions to Strike: Motions to strike filed in response to a motion for summary judgment are disfavored. Counsel should utilize Fed. R. Civ. P. 56(c)(2) in lieu of a separate motion to strike, whenever feasible.  

Assistance:  Contact the Judge's Courtroom Deputy for assistance with scheduling, or if the parties require a modification of the hearing date or time.   

Courtroom Deputy

Lynette Case     (208) 334-9023



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