Contested Matters

U.S Code last checked for updates: Jan 18, 2025

Rule 9014.

Contested Matters

(a)

Motion Required.

In a contested matter not otherwise governed by these rules, relief must be requested by motion. Reasonable notice and an opportunity to be heard must be given to the party against whom relief is sought. No response is required unless the court orders otherwise.

(b)

Service.

(1)

Motion. The motion must be served within the time prescribed by Rule 9006(d) and in the manner for serving a summons and complaint provided by Rule 7004.

(2)

Response. Any written response must be served within the time prescribed by Rule 9006(d).

(3)

Later Filings. After a motion is served, any other document must be served in the manner prescribed by Fed. R. Civ. P. 5(b).

(c)

Applying Part VII Rules.

(1)

In General. Unless this rule or a court order provides otherwise, the following rules apply in a contested matter: 7009, 7017, 7021, 7025–7026, 7028–7037, 7041–7042, 7052, 7054–7056, 7064, 7069, and 7071. At any stage of a contested matter, the court may order that one or more other Part VII rules apply.

(2)

Exception. Unless the court orders otherwise, the following subdivisions of Fed. R. Civ. P. 26, as incorporated by Rule 7026, do not apply in a contested matter:

• (a)(1), mandatory disclosure;

• (a)(2), disclosures about expert testimony;

• (a)(3), other pretrial disclosures; and

• (f), mandatory meeting before a scheduling conference.

(3)

Procedural Order. In issuing any procedural order under this subdivision (c), the court must give the parties notice and a reasonable opportunity to comply.

(4)

Perpetuating Testimony. An entity desiring to perpetuate testimony may do so in the manner provided by Rule 7027 for taking a deposition before an adversary proceeding.

(d)

Taking Testimony on a Disputed Factual Issue.

A witness’s testimony on a disputed material factual issue must be taken in the same manner as testimony in an adversary proceeding.

(e)

Determining Whether a Hearing Will Be an Evidentiary Hearing.

The court must provide procedures that allow parties—at a reasonable time before a scheduled hearing—to determine whether it will be an evidentiary hearing at which witnesses may testify.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2004, eff. Dec. 1, 2004; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 2, 2024, eff. Dec. 1, 2024.)