Stuart M. Bernstein

Request an order by written motion unless the rules authorize an application or the request is made during a hearing. State the grounds with particularity and specify the requested relief or order.

A motion must state its grounds with particularity and set forth the relief or order requested.

Unless a motion may be heard ex parte or another period applies, serve the written motion and hearing notice at least seven days before the hearing. Serve supporting affidavits with the motion.

A written motion (other than one that may be heard ex parte) and notice of any hearing must be served at least 7 days before the hearing date, unless the court or these rules set a different period.

In a contested matter not otherwise governed by the bankruptcy rules, request relief by motion and give the opposing party reasonable notice and an opportunity to be heard. A response is required only if the court orders one.

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.

Present witness testimony on a disputed material factual issue in the same manner as testimony in an adversary proceeding.

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

Use the court's procedure to determine, reasonably before a scheduled hearing, whether it will be an evidentiary hearing at which witnesses may testify.

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.

Prepare evidence under the Federal Rules of Evidence and Federal Rules of Civil Procedure 43, 44, and 44.1, which apply in bankruptcy cases.

The Federal Rules of Evidence and Fed. R. Civ. P. 43, 44, and 44.1 apply in a bankruptcy case.

A solemn affirmation may substitute when an oath is required. The national rule identifies the bankruptcy judge, clerk, deputy clerk, U.S. trustee, and other authorized officers as persons who may administer it.

If an oath is required, a solemn affirmation suffices.