Rule 7 Pleadings and Motions
III. Pleadings and Motions
Rule Text
(a) Pleadings. A proceeding shall be commenced by a petition. No other pleadings shall be required unless the court orders that there shall be an answer to a petition. Any party may file an answer to a petition without court order.
(b) Motions.
(1) An application to the court for an order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the order sought.
(2) The rules applicable to caption, signature, and other matters of form of pleadings apply to all motions and other papers provided for by these rules.
(3) All motions shall be signed in accordance with Rule 11.
(4) Unless a different time is fixed by the court, any party opposing the motion may file a memorandum in opposition within 14 days after service of the motion.
(c) Failure to Timely File. Unless the court decides otherwise, a pleading, motion, or memorandum filed less than 7 days before a hearing will not be considered at the hearing.
(d) Hearing on motions. Unless otherwise required by these rules, a hearing on a motion will not be held unless requested by an interested party or required by the court. Even if a party requests a hearing, the court has the discretion to decide the motion without a hearing whether or not the parties have waived oral argument. The court may hear motions at any time and place upon reasonable notice to the parties.
(e) Opposition to and Cancellation of Hearing. A notice for a hearing on a motion may provide that, unless a party files a written opposition to the motion at least 7 days prior to the hearing date, the court may cancel the hearing and decide the motion. Parties who do not file a written opposition may not be heard at the hearing. This subdivision does not apply to a hearing on an underlying petition.
Amendment history: Amended July 1, 2015, eff. Sept. 1, 2015; Sept. 20, 2017, eff. Jan. 1, 2018; Feb. 5, 2024, eff. July 1, 2024.