Rule 34.2 Hearing; Oral Argument

A judge can decide to hold a hearing on a motion if either side asks for one, or the judge can order a hearing without being asked. The judge also has the power to limit how much talking happens during a hearing, or to skip oral arguments altogether and just decide based on the written motion.

If you file a motion (including a motion for a new trial), it's your job to follow through and get it in front of the judge for a decision. You can't just file it and walk away. If you file a motion before trial but never push to get a hearing and ruling on it before the trial starts, the court will treat it as if you gave up on that motion. That said, there's still a chance to get it heard after the trial has already begun, so it's not necessarily lost for good.

The main takeaway is that filing paperwork alone isn't enough. You have to actively follow up and make sure the court actually rules on your motion before trial starts, or you risk losing your chance to have it decided beforehand.