PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT
Rule 61. Motions and responses
Integrated motion
A motion must state in one document:
the precise order requested;
the material facts with record support;
the legal basis;
urgency, if any;
whether the request was first made below;
the positions of other parties or good-faith efforts to obtain them; and
a concise argument.
No separate supporting memorandum may be filed unless ordered.
Filing code and proposed order
A motion must use the Motion code. A proposed order, if useful, must be a separate document marked as required by Rule 37(f).
Conferral
Before filing a nonemergency procedural motion, the movant must make a genuine effort to resolve or narrow it. Conferral is not required when prohibited by law, when the opposing party cannot be reached after diligent effort, or when the relief is necessarily contested.
Response
A response is due within three days after service unless the Court shortens or extends the period. A response must address the requested order and may not use a cross-motion to evade a separate filing.
Reply
A reply is permitted only by leave or when an order expressly allows it. Unless otherwise stated, it is due within one day after service of the response and must be confined to new matter in the response.
Effect on schedule
A motion does not stay a deadline, mandate, lower-court proceeding, or order unless the Court expressly grants a stay.
Oral argument
Motions are decided on the filings unless the Court orders argument.
Civil sanctions safe harbor
A party seeking sanctions under 7 R. Stat. §§ 132.301–.304 must serve the proposed motion by an alternative method but may not file or present it to the Court until forty-eight hours after service. If the challenged paper, claim, defense, contention, allegation, or denial is timely withdrawn or appropriately corrected, the motion must not be filed. The filed motion must attach proof of safe-harbor service and address the statutory defenses.