Rule 7 Pleadings Allowed; Motions

(a) Pleadings. There shall be a complaint and an answer; a disclosure under oath, if trustee process is used; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

(b) Motions and Other Papers.

(1) Application. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor including a concise statement of the facts and law relied on, and shall set forth the relief or order sought.

(2) Applicable Rules. The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

(3) Motions To Be Signed. All motions shall be signed in accordance with Rule 11.

(4) Memorandum in Opposition. Any party opposed to the granting of a written dispositive motion, including a motion for summary judgment under Rule 56, shall file a memorandum in opposition thereto not more than 30 days after service of the motion, unless otherwise ordered by the court. A memorandum in opposition to any nondispositive motion shall be filed not more than 14 days after service of the motion, unless otherwise ordered by the court. Any party may file a reply to a memorandum in opposition, including a memorandum in opposition to a motion for summary judgment under Rule 56(b), within 14 days after service of the memorandum. The court may also allow a surreply memorandum if the memorandum would assist in clarifying the issues, particularly where the party seeking to file the memorandum is addressing newly raised factual or legal arguments by the opposing party.

(5) Oral Argument. The court may hold oral argument on the motion or may dispose of the motion without argument.

(6) Evidentiary Hearings. Except for motions governed by Rule 56, the court shall provide an opportunity to present evidence if requested, unless the court finds that an evidentiary hearing is not necessary. The request for an opportunity to present evidence shall include a statement of the evidence which the party wishes to offer. When a moving party wishes to request an opportunity to present evidence the request shall be submitted with the motion to which it applies or within 7 days of service of the memorandum in opposition. A request by an opposing party for an opportunity to present evidence shall be submitted with the memorandum in opposition. When this rule requires a motion to be in writing, the request for an opportunity to present evidence shall be in writing.

(7) Fees and Costs. If a motion is heard under this subdivision (b), the court may award fees and costs to the prevailing party if the court finds that the grounds for filing or opposing the motion were frivolous.