Rule 47 Motions and Supporting Affidavits
Rule Text
(a) In General. A party applying to the court for an order must do so by motion. If either the attorney for the defendant or the prosecution seeks any modification of the conditions of a defendant's release, the party making the motion must first confer with the opposing party or give reasons for not so conferring. The motion must indicate whether the opposing party has any objection.
(b) Form and Content of a Motion and Opposition. A motion or an opposition—except when made during a trial or hearing—must be in writing, unless the court permits the party to make the motion or opposition by other means. It must state the grounds on which it is based, the legal authorities upon which it relies, and the relief or order sought. It may be supported by affidavit. Any motion requesting affirmative relief should be accompanied by a proposed order for execution by the court.
(c) Time for Filing. A party must serve a written motion--other than one that the court may hear ex parte--and any hearing notice at least 7 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application.
(d) Affidavit Supporting a Motion. The moving party must serve any supporting affidavit with the motion. A responding party must serve any opposing affidavit at least one day before the hearing, unless the court permits later service.
Effective December 1, 2017 (Promulgation Order 2017-010)