Skip to main content

Rule 1.9 Motions, Oral Argument, and Proposed Orders

I. General Provisions | Rule 1. Scope, Purpose and Construction, and Other General Provisions

(a) Content. A motion must include a memorandum that states facts, arguments, and authorities pertinent to the motion.

(b) Service of Motion; Response; Reply. The moving party must serve the motion on all other parties. No later than 10 days after service, another party may file and serve a response, and, no later than 3 days after service of a response, the moving party may file and serve a reply. A reply must be directed only to matters raised in a response. If no response is filed, the court may deem the motion submitted on the record.

(c) Length. Unless the court orders otherwise, a motion or response, including a supporting memorandum, may not exceed 11 pages, exclusive of attachments, and a reply may not exceed 6 pages, exclusive of attachments.

(d) Waiver of Requirements. On a party's request or on its own, the court may waive a requirement specified in this rule, or it may overlook a formal defect in a motion.

(e) Oral Argument. On a party's request or on its own, the court may set a motion for argument or hearing.

(f) Proposed Orders. A proposed order must be prepared as a separate document and may not be included as part of a motion, stipulation, or other document. There must be at least two lines of text on the signature page of a proposed order. A party must serve the proposed order on the court and all other parties. A party must not file a proposed order, and the court will not docket it, until a judge has reviewed and signed it. Absent a notice of filing, proposed orders will not be part of the record.

(v) Victims' Rights.

(1) In the Trial Court. A victim has standing to file motions that request the court to enforce any right guaranteed to victims, or that challenge an order denying any such right. A victim may file a reply concerning that motion. A victim may also file a response to a party's motion if the party's motion impacts a victim's right.

(2) Special Action. Under Rule 5(b)(1)(B) of the Rules of Procedure for Special Actions, a victim may file a petition for special action seeking relief from an order affecting any victim's right guaranteed by law.

Amendment history: Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Dec. 8, 2022, effective July 1, 2023; Aug. 22, 2024, effective Jan. 1, 2025.