U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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Rule 7. Pleadings Allowed—Consultation—Oral Argument—Response Time—Show Cause Order—Form of Motions

     (a) Pleadings. There shall be a complaint and, except for an action described in 28 U.S.C. § 1581(c), an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

     (b) Motions—Consultation. Before a motion for an extension of time as prescribed in Rule 6(b), a motion for intervention as prescribed in Rule 24(a), a motion for a preliminary injunction to enjoin the liquidation of entries or a motion for a judicial protective order as prescribed in Rule 56.2(a), a motion for a hearing as prescribed in Rule 56.2(e), a motion for the designation of a test case or suspension as prescribed in Rule 84, or a motion for an order compelling discovery as prescribed in Rule 37(a), is made, the moving party shall consult with all other parties to the action to attempt to reach agreement, in good faith, on the issues involved in the motion. If the court finds that a party willfully refused to consult, or, having consulted, willfully refused to attempt to reach agreement in good faith, the court may impose such sanctions as it deems proper.

     (c) Oral Argument. Upon motion of a party, or upon its own initiative, the court may direct oral argument on a motion at a time and place designated as prescribed in Rule 77(c). A motion for oral argument on a motion shall be filed no later than 20 days after service of the response to the motion, or 20 days after the expiration of the period of time allowed for service of a response.

     (d) Time To Respond. Unless otherwise prescribed by these rules, or by order of the court, a response to a motion shall be served within 10 days after service of such motion, except that a response to a dispositive motion shall be served within 30 days after service of such motion. The moving party shall have 10 days after service of the response to a dispositive motion to serve a reply.

     (e) Order To Show Cause. No order to show cause to bring on a motion shall be granted except upon a clear and specific showing by affidavit of good and specific reasons why procedure other than regular motion is necessary or why the time to respond should be shortened.

     (f) Form of Motions and Other Papers.

     (1) An application to the court for an order shall be by motion, properly designated, which, unless made during a hearing or trial, shall be in writing and shall state, with particularity, the grounds therefor. Motions which require consultation between counsel before being made as prescribed by subdivision (b) of this rule shall describe the reasonable effort made to reach agreement on the issues involved in the motion through consultation with opposing counsel, without the intervention of the court, and shall also recite the date and time of such consultation, as well as the names of all persons participating. All motions shall set forth the relief or order sought, and shall be accompanied by a proposed order.

     (2) The rules applicable to the captions, signing, and other matters of form of pleadings apply to all motions and other papers prescribed by these rules.

     (3) All motions shall be signed in accordance with Rule 11.

     (g) Dispositive Motions Defined. Dispositive motions include: motions for judgment on the pleadings; motions for summary judgment; motions for judgment upon an agency record; motions to dismiss an action; and any other motion for a final determination of an action.

(As amended Nov. 4, 1981, eff. Jan. 1, 1982; Oct. 3, 1984, eff. Jan. 1, 1985; Oct. 3, 1990, eff. Jan. 1, 1991; Sept. 25, 1992, eff. Jan. 1, 1993.)

Practice Comment

     A schedule, agreed to by the parties, suitable for attachment to a decision of the court, shall be filed at the time an action is submitted to the court for final determination upon a dispositive motion or upon the conclusion of a trial. The schedule should indicate (1) when one action is involved, the ports of entry, protest and entry numbers, (2) when consolidated actions are involved, the ports of entry, court numbers, protest and entry numbers, and (3) when joined actions are involved, the ports of entry, court numbers, plaintiffs, protest and entry numbers. Cases should be arranged according to port of entry, in numerical order.

     When a party is seeking a preliminary injunction, counsel shall, at least 24 hours prior to the filing of motion papers, notify the Case Management Section of the Clerk’s Office at 212–264–2971. When a preliminary injunction is sought in conjunction with the filing of a new action, counsel shall, before making service of the pleadings and the motion, obtain a court number from the Case Management Section and endorse it on the pleadings and the motion.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Rule 7. Pleadings Allowed— Consultation— Oral Argument— Response Time— Show Cause Order— Form of Motions," U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 23, 2018, http://www.originalsources.com/Document.aspx?DocID=DCWC8SZKURT5TYG.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "Rule 7. Pleadings Allowed— Consultation— Oral Argument— Response Time— Show Cause Order— Form of Motions." U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Washington, D.C., Government Printing Office, 2002, Original Sources. 23 Apr. 2018. www.originalsources.com/Document.aspx?DocID=DCWC8SZKURT5TYG.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Rule 7. Pleadings Allowed— Consultation— Oral Argument— Response Time— Show Cause Order— Form of Motions' in U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix. cited in 2002, U.S. Code, Title 28, Judiciary and Judicial Procedure, Appendix, Government Printing Office, Washington, D.C.. Original Sources, retrieved 23 April 2018, from http://www.originalsources.com/Document.aspx?DocID=DCWC8SZKURT5TYG.