Rule 35.03 Ex Parte Motion

If you want to file a motion without telling the other side's lawyer about it, you need to explain clearly why that's necessary. You can't just skip notifying the other party without a good reason. Your written motion has to spell out exactly why keeping it secret from the opposing attorney is justified.

To file this kind of motion, you give it to the court clerk, and the clerk takes it to the judge. The judge is the one who decides how to handle it from there. The motion stays sealed, meaning it's kept private and out of the public court file. It also won't show up on the case docket unless the judge specifically says it should.

This process exists because ex parte motions are unusual. Normally, both sides get to see what's filed in a case and respond to it. This rule makes sure that judges only allow secret filings when there's a real reason, and it keeps tight control over how those filings are handled once they're submitted.