(a) Motion. In a contested matter not otherwise governed by these rules, relief shall be requested by motion, and reasonable notice and opportunity for hearing shall be afforded the party against whom relief is sought. No response is required under this rule unless the court directs otherwise.
(b) Service. The motion shall be served in the manner provided for service of a summons and complaint by Rule 7004 and within the time determined under Rule 9006(d). Any written response to the motion shall be served within the time determined under Rule 9006(d). Any paper served after the motion shall be served in the manner provided by Rule 5(b) F.R. Civ. P.
(c) Application of Part VII Rules. Except as otherwise provided in this rule, and unless the court directs otherwise, the following rules shall apply: 7009, 7017, 7021, 7025, 7026, 7028–7037, 7041, 7042, 7052, 7054–7056, 7064, 7069, and 7071. The following subdivisions of Fed. R. Civ. P. 26, as incorporated by Rule 7026, shall not apply in a contested matter unless the court directs otherwise: 26(a)(1) (mandatory disclosure), 26(a)(2) (disclosures regarding expert testimony) and 26(a)(3) (additional pre-trial disclosure), and 26(f) (mandatory meeting before scheduling conference/discovery plan). An entity that desires to perpetuate testimony may proceed in the same manner as provided in Rule 7027 for the taking of a deposition before an adversary proceeding. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. The court shall give the parties notice of any order issued under this paragraph to afford them a reasonable opportunity to comply with the procedures prescribed by the order.
(d) Testimony of Witnesses. Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversary proceeding.
(e) Attendance of Witnesses. The court shall provide procedures that enable parties to ascertain at a reasonable time before any scheduled hearing whether the hearing 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.)
added in current removed in current
Compared to current version (2025).
(a) Motion Required. In a contested matter not otherwise governed by these rules, relief shallmust be requested by motion, and r. Reasonable notice and an opportunity for hearing shall be affordedto be heard must be given to the party against whom relief is sought. No response is required under this rule unless the court directorders otherwise.
(b) Service.
(1) Motion. The motion shallmust be served within the manner providedtime prescribed by Rule 9006(d) and in the manner for service ofng a summons and complaint provided by Rule 7004 and within the time determined under Rule 9006(d).
(2) Response. Any written response to the motion shallmust be served within the time determined under Rule 9006(d). Any paperprescribed by Rule 9006(d).
(3) Later Filings. After a motion is served, after the motion shallny other document must be served in the manner provided by Rule 5(b) F.escribed by Fed. R. Civ. P. 5(b).
(c) Application ofying Part VII Rules. Except as otherwise provided in this rule, and unless the court direct
(1) In General. Unless this rule or a court order provides otherwise, the following rules shall applyapply in a contested matter: 7009, 7017, 7021, 7025, -7026, 7028-7037, 7041, -7042, 7052, 7054-7056, 7064, 7069, and 7071. TAt 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, shalldo not apply in a contested matter unless the court directs otherwise: 26: • (a)(1), (mandatory disclosure), 26; • (a)(2), (disclosures regardingabout expert testimony) and 26(a)(3) (additional; • (a)(3), other pre-trial disclosure),s; and 26• (f), (mandatory meeting before a scheduling conference/discovery plan).
(3) Procedural Order. AIn entity that desires to perpetuate testimony may proceed in the same manner as provided in Rule 7027 for the taking of a deposition before an adversary proceeding. The court may at any stage in a particular matter direct that one or more of the other rules in Part VII shall apply. The court shall give the parties notice of any order issued under this paragraph to afford them a reasonable opportunitissuing 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 tdo comply with the procedures prescribed by the orderso in the manner provided by Rule 7027 for taking a deposition before an adversary proceeding.
(d) Taking Testimony of Witnesses. Testimony ofn a Disputed Factual Issue. A witnesse’s with respect totestimony on a disputed material factual issues shall must be taken in the same manner as testimony in an adversary proceeding.
(e) Attendance of WitnessesDetermining Whether a Hearing Will Be an Evidentiary Hearing. The court shallmust provide procedures that enableallow parties to ascertain- at a reasonable time before any scheduled hearing wh-to dether tmine whe thearingr 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.)