TITLE THREE — PLEADINGS AND MOTIONS
Rule 7.1. Motion Practice; Opposition; Reply; Hearing
Filing Code; Fee. Every written motion shall be transmitted to the electronic filing system under the filing code for a Motion. The selectable codes for a filing on an existing case are Motion, Answer, Response/Opposition, Reply, Brief/Memorandum, Notice, Exhibit/Evidence, Proof of Service, Stipulation, and Other; the code selected, and not the title of the document, determines the fee assessed under Rule 6.1. The transmission of a motion under a code other than Motion is grounds for rejection by the clerk under Rule 5.3 and, where done to avoid the assessment of a fee, is a violation of Rule 11(4); the court may in that event assess the fee as a cost of the action.
Contents of a Motion. A written motion shall:
state with particularity the grounds for the relief sought, identifying each rule, statute, or constitutional provision relied upon;
state the relief sought, and any alternative relief;
state whether the movant has conferred with every other party affected by the motion and the position of each such party, or why conference was not practicable;
be accompanied, where the motion presents a question of law, by a memorandum in support, which may be a separate document within the same filing; and
be accompanied by any affidavit or other material relied upon, which shall conform to Rule 30(4).
One Motion, One Filing. A single filing shall contain a single motion. A motion seeking sanctions under Rule 11 shall be made separately from any other motion. A party may join in one motion any defense or objection permitted to be joined by Rule 12(7).
Opposition. Any party opposing a motion shall file a response in opposition within forty-eight (48) hours after the motion is served under Rule 5. A response shall be transmitted under the code for a Response/Opposition and shall state the grounds of opposition and the relief the responding party seeks.
Reply. The movant may file a reply within twenty-four (24) hours after the response in opposition is served. A reply shall be transmitted under the code for a Reply and shall be confined to matters raised in the response. No further paper shall be filed on the motion without leave of court.
Length. A memorandum in support of or in opposition to a motion shall not exceed three thousand (3,000) words, and a reply shall not exceed one thousand five hundred (1,500) words, exclusive of the caption, the signature, and any exhibit. The court may on motion permit a longer paper. A paper exceeding these limits is subject to rejection by the clerk under Rule 5.3 or to a motion to strike under Rule 12(3).
Shortened and Enlarged Periods; Emergency Motions. The court may for cause shown shorten or enlarge any period fixed by this rule, and may fix a period as short as six (6) hours where the relief sought is of an emergency character. A motion seeking an order upon a shortened period shall state in its opening sentence the emergency relied upon and the period requested. Enlargement is otherwise governed by Rule 6(2).
Deadlines Are Self-Executing. The electronic filing system computes no deadline, issues no reminder, and enforces no briefing schedule. Every period fixed by this rule runs continuously in Coordinated Universal Time from the recorded event and is policed by the parties and by the court on motion. No period is extended because of an hour of the day, a day of the week, or a holiday.
Failure to Oppose. A party who does not file a response within the period allowed is deemed to have waived opposition, and the court may rule upon the motion without further notice. Waiver of opposition does not entitle the movant to relief; the court shall grant the motion only if the moving papers establish a ground for the relief sought.
Submission on the Papers. Unless the court sets a hearing, a motion stands submitted for decision upon the expiration of the reply period. The court may decide a motion at any time after the opposition period has expired.
Hearing.
The court may set any motion for hearing on its own initiative or on the request of a party. A party desiring a hearing shall so state in the caption or the opening paragraph of the motion or of the response.
A hearing on a motion shall be conducted in the proceeding communications of the case, or in such other manner as the court directs. Notice of the hearing shall be given by order of the court, and shall state the time in Coordinated Universal Time.
Argument on a motion shall be confined to the grounds stated in the papers. The court may limit the time allowed to each party and may take the matter under advisement.
Where a motion turns on facts not appearing of record, the court may proceed under Rule 30(4).
Ex Parte Motions.
Every filing accepted by the clerk in an ordinary civil action is served by the electronic filing system upon every other participant in the case, including the assigned judge. No motion in an ordinary civil action can be made ex parte through the general filing channel, and no party shall attempt to obtain relief from the judge outside the record.
Relief that must be sought without notice to an adverse party shall be sought by an ex parte application, which commences a separate ex parte matter under Rule 3.1 and Rule 5.4 and is transmitted through the workflow to which that matter belongs. The general filing channel is closed to ex parte matters, to search warrant, arrest warrant, and bench warrant matters, and to expungement and charging matters.
An ex parte application shall state the specific facts showing that notice cannot be given, or that the giving of notice would defeat the relief sought, and shall disclose every prior application for the same relief and its disposition.
Nothing in this subdivision authorizes the court to seal a document filed in an ordinary civil action. Confidentiality attaches to a matter by its case type and not to any individual document.
Withdrawal of a Motion; Abandonment. A filing cannot be withdrawn, amended, or removed from the record once it is transmitted. A movant who no longer seeks the relief requested shall file a notice, under the code for a Notice, abandoning the motion. Upon the acceptance of such a notice the motion shall be treated as withdrawn for all purposes, and the court may deny it as moot. A defect in a motion is cured by a corrected refiling under Rule 5.3, which bears its own later filing date.
Successive Motions. A party shall not file a second motion for the same relief on the same grounds without leave of court. A motion denied without prejudice may be renewed upon a changed state of facts or of law, and the renewed motion shall identify the earlier motion by its Bates number and state what has changed.
Motions Affecting the Trial Date. A motion that would, if granted, require the trial to be continued or the period fixed by Rule 6(1) to be enlarged shall so state, and shall be served and heard on the shortest period the circumstances allow.
Stipulations in Lieu of Motion. Parties may by stipulation, transmitted under the code for a Stipulation, resolve any matter within their control. A stipulation that would alter a date set by the court, enlarge a period fixed by these rules, or bind a person who is not a party is of no effect until approved by order of the court.