Rule 27 Motions

(a) In General.

(1) Application for Order or Other Relief. An application for an order or other relief is made by motion unless these rules prescribe another form. A motion must be in writing unless the Court permits otherwise.

(2) Who May File. Any party may file a motion, but when represented by counsel, the represented individual may not file a motion or pleading except for a motion to discharge counsel or vacate the appointment of counsel. The Clerk will transmit that motion to counsel of record for that party.

(3) Contents of a Motion.

(A) Grounds and Relief Sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it.

(B) Accompanying Documents.

(i) Any affidavit or other paper necessary to support a motion must be served and filed with the motion.

(ii) An affidavit shall contain only factual information.

(iii) A motion seeking substantive relief must include a copy of the Superior Court’s order, judgment, or opinion or the agency’s decision as a separate exhibit.

(iv) A proposed order granting the relief requested shall be included as a separate document with every motion filed.

(v) Every motion in a criminal appeal shall recite any previous application for the relief sought and the bail status of the defendant.

(C) Documents Barred or Not Required.

(i) A separate brief supporting or responding to a motion must not be filed.

(ii) A notice of motion is not required.

(4) Response. Any party may file a response to a motion. Rule 27(a)(3) governs its contents.

(A) Time to File. The response must be filed within 8 days after service of the motion unless the Court shortens or extends the time. A motion authorized by Rules 8, 9, or 41 may be granted before the 8-day period runs only if the Court gives reasonable notice to the parties that it intends to act sooner.

(B) Request for Affirmative Relief. A response may include a motion for affirmative relief. The time to respond to the motion, and to reply to that response, are governed by Rule 27(a)(4)(A) and (a)(5). The title of the response must alert the Court to the request for relief.

(5) Reply to Response. Any reply to a response must be filed within 5 days after service of the response. A reply must not present matters that do not relate to the response.

(b) [Reserved]

(c) [Reserved]

(d) Form of Papers; Page Limits; and Number of Copies.

(1) Format.

(A) Reproduction. A motion, response, or reply may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used.

(B) Caption. A cover should not be used, but there must be a caption that includes the case number, the name of the court, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the party or parties for whom it is filed.

(C) [Reserved]

(D) Paper Size, Line Spacing, and Margins. The document must be on white, 8.5 by 11-inch paper. The text must use 1.5 spacing, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides.

(E) Typeface and Type Style. The document must comply with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6).

(2) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of the corporate disclosure statement and accompanying documents authorized by Rule 27(a)(3)(B), unless the Court permits or directs otherwise. A reply to a response must not exceed 10 pages.

(3) Number of Copies. If the document is to be filed manually rather than electronically, an original and 4 copies must be filed unless the Court requires a different number.

(e) Oral Argument. A motion will be decided without oral argument unless the Court orders otherwise.