Rule 27 Motions
Rule Text
(a) Content of Motions; Response; Reply. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of these rules governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order of relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion within seven (7) days after service of the motion, but motions authorized by 8, 9, 18, and 41 ACR may be acted upon after reasonable notice, and the appellate division or a judge thereof may shorten or extend for responding to any motion.
(b) Determination of Motions for Procedural Orders. Notwithstanding the provisions of 27(a) ACR as to motions generally, motions of or procedural orders, including any motion under 26(b) ACR, may be acted upon at any time, without awaiting response thereto. Any party adversely affected by such action may by application to the court request consideration, vacation, or modification of such action.
(c) Power of a Single Judge to Entertain Motions. In addition expressly conferred by these rules or by law, a single justice of the appellate division may entertain and may grant or deny any request for relief which under these ruled may properly be sought by motion, except that a single justice unless otherwise provided by these rules may not dismiss or otherwise determine an appeal or other proceeding, and except that the appellate division may provide by order or rule that any motion or class of motions must be acted upon by the entire appellate division. The action of a single justice may be reviewed by the appellate division. If there is no judge in the Territory who is qualified to sit as a member of the appellate division on a particular case, motions for procedural orders may be directed to the judge who rendered the decision appealed from in the trial division. His ruling may be reviewed by the appellate division or a judge thereof.
(d) Form of Papers; Number of Copies. All papers relating to motions must be typewritten. Only an original need be filed, but the appellate division or a judge thereof may require that one or more copies be furnished. Effective July 15, 1987