 PART
2. MOTIONS |
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2.1
MOTION PRACTICE | TOP |
(a)
Filing. All motions shall be filed
with the Clerk of the Court prior to their
presentment to the court. In any cause of
action, the court may designate a date by
which all motions are to be filed. A motion
may not be filed subsequent to that date
except by leave of court. The title to each
motion shall indicate the relief sought.
(b)
Allotment for hearing. With the exception
of emergency matters or by leave of court,
no motion shall be heard unless previously
allotted for hearing on the court's calendar.
(c)
Oral argument. The allowance of oral
arguments upon motions shall be discretionary
with the court. In each case the assigned
judge may fix a briefing schedule and decide
a motion without hearing oral arguments.
(d)
Notice. Written notice of hearing
on all motions shall be given by the party
requesting the hearing to all parties who
have appeared and have not theretofore been
defaulted for failure to plead, and to all
parties whose time to appear has not expired
on the date of notice. Notice shall be given
in the manner and to those prescribed in
Supreme Court Rule 11.
(e)
Content of notice. The notice of hearing
shall contain the title and number of the
cause of action, date and time when the motion
will be heard and designated courtroom, and
shall include a short statement of the nature
of the motion. A copy of any written motion
and of all papers presented therewith, or
a statement that they have been previously
served, shall be served with the notice.
(f)
Time of notice. Unless otherwise ordered
by the court, notice by personal service
or by U.S. Mail shall be made not less than
fourteen (14) days prior to the hearing.
Proof of personal service or mailing shall
be made of record.
(g)
Summary judgment. Unless by leave
of court for good cause shown, a motion for
summary judgement shall not be heard until
fourteen (14) days after service of notice
of motion under Supreme Court Rule 11.
(h) Ex
parte and emergency motions. Every
complaint or petition requesting an ex
parte order for the appointment of a receiver,
temporary restraint, preliminary injunction,
or any other emergency relief, shall be
filed in the Office of the Circuit Clerk,
if during court hours, before presentment
to the court. Emergency motions and motions
which, by law, may be made ex parte, may,
at the discretion of the court, be heard
without giving notice. Motions for temporary
relief shall, so far as practicable, be
given precedence over other matters before
the court. If a motion is heard without
prior notice under this rule, written notice
of the hearing shall be served personally
or by U.S. Mail upon all parties not theretofore
found by the court to be in default for
failure to plead, and proof of service
thereof shall be filed with the Clerk of
the Court within two (2) days of the hearing
thereon. The notice shall state the title
and number of the cause of action, name
of the judge who heard the motion, date
of hearing, and the order of the court.
(i)
Motion to continue. No motion to continue
shall be allowed for other than good cause
shown. Agreements of counsel as to a motion
to continue shall not be binding on the court.
The court may require affidavits of the parties
and counsel or the presence of the parties
themselves together with testimony in support
of or opposition to the motion. If the motion
to continue is not accompanied by the written
stipulation of counsel or parties agreeing
to allowance of the same or if the moving
party does not forthwith cause said motion
to be set for hearing prior to the scheduled
hearing date for which continuance is sought,
the court may summarily deny said motion
to continue.
(j)
Renewal of motions. Motions presented
and ruled upon before one judge shall not
be renewed before another judge without leave
of court and a statement in the notice of
hearing that the motion has previously been
ruled upon, naming the judge who ruled on
the motion and the results of the ruling.
(k)
Failure to call motions for hearing. The
burden of obtaining an allotment for hearing
or briefing schedule in a civil case is on
the party making the motion. If an allotment
for hearing is not obtained by the moving
party within ninety (90) days from the date
it is filed, the court may deem the motion
withdrawn and deny the relief requested with,
or without, leave to refile.
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