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Rule 47 Motions

IX. Supplementary and Special Proceedings

(a) Motions. 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 the grounds therefor, including a concise statement of the facts and law relied on, and shall set forth the relief or order sought. It may be supported by affidavit.

(b) Disposition of Written Motions With or Without Argument.

(1) Memorandum in Opposition. Any party opposed to the granting of a written motion shall file a memorandum in opposition thereto, 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 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. If a memorandum in opposition is not timely filed when required under this rule, the court may dispose of the motion without the memorandum.

(2) Affidavits on Motions. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served with the reply or surreply, unless the court permits them to be served at some other time.

(3) Oral Argument in the Discretion of the Court. Unless otherwise required by these rules, oral argument shall be deemed waived unless requested by an interested party or required by the court. In any case, the court may dispose of the motion without argument.

(c) Findings. When factual issues are involved in determining a motion, the court shall state its essential findings on the record or in writing.

Amendment history: Amended Dec. 19, 1973, eff. Jan. 1, 1974; Dec. 8, 1981, eff. Mar. 1, 1982; Sept. 20, 2017, eff. Jan. 1, 2018; Oct. 10, 2023, eff. Jan. 1, 2024.