Rule 14 Motions
Rule Text
A Motions; In Writing; Grounds. An application for an order is a motion. Every motion, unless made during trial, must be in writing, must state with particularity the grounds therefor, and must set forth the relief or order sought.
B Form. The rules applicable to captions, signing, and other matters of form of pleadings, including TCR 17 A, apply to all motions and other papers provided for by these rules.
C Conferring on Motions under TCR 36 through TCR 46 (Discovery).
C(1) The court will deny any motion pursuant to TCR 36 through TCR 46 unless counsel for the moving party, before filing the motion, makes a good faith effort to confer with the other parties concerning the issues in dispute.
C(2) Counsel for the moving party must include in the motion a certificate of compliance with this rule.
D Written Statement of Points and Authorities and Proposed Form of Order Required to Accompany Motion; Setting Out Particulars; Attaching Copy of Pleading.
D(1) Every written motion must be accompanied by a memorandum of law or a statement of points and authorities, explaining how any relevant authorities support the contentions of the moving party. Except for dispositive motions, every written motion must also be accompanied, on a separate page, by a proposed form of order.
D(2) If a pleading is moved against in more than two particulars under TCR 21 D or TCR 21 E (motions to strike or make more definite and certain), there must be attached to the motion a copy of the pages of the pleading moved against with the parts of the pleading to be stricken shown in parentheses and the parts to be made more definite and certain underlined.
E Opposing Party’s Response. In matters other than motions for summary judgment (governed by TCR 47) an opposing party may file a written memorandum of authorities in response to the matters raised in any motion not later than 10 days from the date of service of the motion.
F Oral Argument on Motions.
F(1) Request for Oral Argument. Any party to an action may request oral argument on a motion made pursuant to this rule. Such request will be granted only if the court, in its discretion, determines that oral argument will aid the court in reaching a decision on the motion. The court may also request oral argument on a motion made pursuant to this rule sua sponte.
F(2) Contents of Request. Any party requesting oral argument must specify the amount of time required for argument, whether appearance by telecommunication is requested, and the names and telephone numbers of all parties served with the motion or response.