Operating Models: Calendar, Submission, and Presentment Courts

Federal districts use one of three procedures to move a motion from filing to a ruling. Your court's procedure is set out in Rule 7 (or Rule 7.1) of its local civil rules. Knowing which model your district uses determines when you will be heard, whether oral argument is scheduled by default, and how briefing deadlines run.

Where to find your court's operating model

The operating model is established in Rule 7 (or Rule 7.1) of your district's local civil rules. The relevant text is usually one or two paragraphs and describes the procedure explicitly. If your local rule is thin on motion procedure, the assigned judge's standing order will fill the gap; standing orders are typically two to four pages.

Calendar court

The party files the motion and selects a hearing date on the assigned judge's calendar. Briefing deadlines run backward from the chosen date.

The procedure:

1. The movant files the motion AND notices a hearing date — the 'Motion Day' — on the assigned judge's calendar.
2. Briefing deadlines run backward from the hearing date. Typical timing:

• Opposition due 21 days before the hearing.
• Reply due 14 days before the hearing.

1. At the hearing, oral argument is the default unless affirmatively waived (with court consent). The court may rule from the bench, take the matter under advisement, or issue a written ruling later.

Oral argument default: Scheduled with the motion. Counsel must affirmatively waive to skip argument.

Districts using this model: C.D. Cal. (L.R. 6-1).

Submission court

The party files the motion. The court rules on the papers in its own time. Oral argument is granted only on request.

The procedure:

1. The movant files the motion. No hearing is set.
2. Briefing deadlines run forward from filing or service. Typical timing:

• Opposition due 14–21 days after the motion is served.
• Reply due 7–14 days after the opposition is served.

1. The court rules on the papers. If oral argument is desired, counsel must request it (typically in the motion or the opposition); the court grants or denies in its discretion.

Oral argument default: Ruled on the papers. Argument by request only.

Districts using this model: S.D.N.Y., S.D. Fla., S.D. Tex., E.D. Pa., D.N.J., D. Ariz., N.D. Ga., D.S.C. (eight of the ten districts in our sample).

Presentment court

The party files the motion and serves notice of a presentment date when counsel will appear at the assigned judge's motion call. The merits are addressed on the briefing schedule the judge sets at presentment, if any.

The procedure:

1. The movant files the motion AND serves a notice of presentment specifying the date and time of the assigned judge's motion call.
2. At the presentment call, counsel for both sides appear. The judge then takes one of three actions:

• Rules from the bench;
• Takes the matter under advisement and issues a written ruling later; or
• Sets a briefing schedule. If briefing is set, opposition and reply are filed on that schedule.

1. If a briefing schedule is set, the judge rules after briefing is complete.

Oral argument default: Procedural appearance at the motion call is required. Substantive oral argument on the merits happens only if the judge separately sets it.

Districts using this model: N.D. Ill. (L.R. 5.3(b)).

Quick-reference comparison

'Hearing' in federal local rules does not mean oral argument

Federal local rules use the word hearing in its judicial sense — a judicial officer has given consideration to the matter — which can be on the papers. When a submission-court rule says 'no hearing unless set by the Court,' it means no oral argument unless the court sets one. The motion is being heard, on the papers; counsel is just not speaking.

The procedural language is older than the courtroom-as-theater assumption that hearing requires speech.