Rule 6-1 Motion Requirements; Form; Support; Timing
Rule Text
(a) Requirements. All motions must:
(1) be in writing, signed by the attorney of record or the self-represented litigant — unless made during a hearing or trial;
(2) state with particularity the grounds for seeking the order, including a concise statement of reasons and citation of authorities;
(3) state the relief sought; and
(4) if the motion requests affirmative relief, the motion must be accompanied by a proposed order granting the relief sought.
(b) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
(c) Permitted Filing of Motion, Response, and Reply. Only a motion, a response in opposition, and a reply may be served on other parties and filed with the court; further response or reply may be made only by leave of court obtained before filing. Parties may be sanctioned for violation of this limitation.
(d) Supporting Affidavits or Documents. When allegations of fact not appearing of record are relied upon in support of a party's motion, response, or reply, unless the court grants permission for a different schedule for the filing of supporting materials:
(1) all then-available affidavits and other documents supporting the party's position shall be filed simultaneously with the motion, response or reply;
(2) any supplemental affidavits or other documents in support of the party's position on the motion must be filed at least 10 days prior to hearing of the motion; and
(3) if supplemental affidavits or other documents are filed by any party under subpart
(d) (2), any other party may submit additional affidavits or documents at least 5 days prior to hearing of the motion.
(e) Font Size Requirement and Page or Word Limitation.
(1) All motions, responses and replies shall be prepared using a character font of at least 12 points in height.
(2) Except as provided in Rule 56-1, all motions, responses and replies filed with the court shall not exceed the greater of 20 pages or 3,500 words in length unless leave of court has been obtained in advance for a longer submission. This page or word limit does not include any cover page, caption, table of contents, table of authorities, appendices or exhibits, and certificates of service; and
(3) Every motion, response and reply shall contain — as part of the certificate of service — a statement that: "This document complies with the page or word limitation set forth in Rule 6-1(e)."
(f) Time Periods for Response; Reply.
(1) Motions Generally. Unless otherwise ordered by the court, a party shall file a response within 14 days after service upon the party of any motion — except a motion filed pursuant to Rule 12 or Rule 56.
(2) Rule 12 Motions. A party shall file a response within 20 days after service of a motion under Rule 12 upon the party.
(3) Rule 56 Motions. A party shall file a response within 30 days after service of a motion under Rule 56 upon the party.
(4) Court Directions. For good cause shown, parties may be required to file a response and supporting documents within such shorter period of time as the court may specify, or may be given additional time upon request made to the court.
(5) Replies. A party may file a reply within 14 days after service of the response, unless otherwise ordered by the court.
(6) Disposition of Motion. Nothing herein shall prohibit the court from ruling without a response or reply when deemed appropriate.
(g) Consideration of Motions. A request for oral argument shall be separately stated by the movant or respondent. The court may set the motion for hearing or decide it based upon the submission(s).