RULE 400.
FORM OF PAPERS FILED
A. Numbering Paragraphs in Pleadings
Allegations in any pleading or request for an order shall be made in numbered paragraphs, each of which shall be limited, as far as practicable, to a statement of a single set of circumstances. Responses shall be made in numbered paragraphs, first setting forth the complete content of the paragraph to which it is directed, and then setting forth the response.
B. Size of Paper; Binding; Caption; Signature, Name, Address, and Phone Number of Person Filing Pleading
Each document filed shall be flat and unfolded (except that appended exhibits filed in normal size for legibility may be folded to 11 inches), shall be plainly written, or typed with not less than one and one-half spaces between lines, or printed, or prepared by means of a duplicating process, without erasures or interlineation which materially deface it, on opaque, unglazed, white paper 8-1/2 x 11 inches in size, and shall be secured by staples or other devices piercing the paper on the top at the left corner of the document. Paper clips or other clips not piercing the paper are not acceptable. The first page of each document shall bear the caption, descriptive title, and number of the action or proceedings in which it is filed, the case caption and chapter of the related bankruptcy case, name of the judge to whom that case is assigned, and the next date, if any, that the issue is set. The final page of each document required to be signed by counsel shall be signed by one or more licensed attorneys or by an individual party filing pro se. That final page must contain the name, the District Court attorney identification number if admitted to practice before that Court, address, and telephone number of the attorney in active charge of the case as well as that of the attorney signing the pleading, or address and telephone number of the individual party filing pro se. Copies of exhibits appended to documents filed shall be legible.
C. Format of Answers to Interrogatories
A party answering interrogatories shall set forth immediately preceding each answer a full statement of the interrogatory to which the party is responding. When objecting to an interrogatory or to the answer to an interrogatory, a party shall set forth each interrogatory immediately preceding the objection.
D. Briefs Limited to Fifteen Pages
No brief shall exceed fifteen pages without prior approval of the judge.
E. Documents Not Complying with Rule Filed Subject to Being Stricken
The clerk shall bring to the judgeís attention any document filed in violation of this rule. Such document is subject to being stricken by the judge without prior notice. The emergency judge or judge assigned to the case or matter may allow a document not in conformity with this rule to remain on file or may direct the filing of any communication to the court deemed appropriate for filing.
F. Note or Memo Attached to Subpoena
The attachment to a subpoena of a note or other memorandum containing instructions to the witnesses regarding the exact date, time, and place of appearance, or the delivering of such a note or memorandum of the persons served shall not affect the validity of the subpoena.
G. Limit on Number of Interrogatories
Any party desiring to serve interrogatories in excess of the number permitted by Fed.R.Bankr.P. 7033 shall seek leave of court by written motion setting forth the proposed additional interrogatories and the reasons establishing good cause of their use.
Each person or party filing a pleading, motion, or document, other than a deposition or exhibit, shall file, in addition to the record copy, a copy for use by the judge.
Committee Note: Rule 400 is based on General Rule 9. In conformity with present Fed.R.Civ.P. 5 (Fed.R.Bankr.P. 7005) and Fed.R.Bankr.P. 5005 the clerk must accept anything offered for filing regardless of form if requisite filing fees are tendered. To prevent abuses, this rule directs the clerk to bring improper filings to a judge for prompt decisions on whether to strike them. See Transamerican Corp. v. National Union Fire Ins., 143 If.R.D. 189 (J. Lindberg, N.D. Ill. 1992)
Judges may, however, permit informal filings, particularly by pro se litigants. Attorneys should usually be held to compliance with formal requirements. The clerk should not have the burden of handling documents that are unfastened, unsigned, or oversized, but the clerk should not and, under the rules referred to, cannot be empowered to refuse acceptance of filings.
Certain requirements set forth in sections A and C are now required in adversary cases by Bankruptcy Rules, but not in contested proceedings unless ordered. This rule standardizes the requirements.