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Rule 133
Motions, Discovery, Pretrial Procedures, and Related Matters

Memoranda and Arguments on Motions

(a) Forms of motions. Every motion made in writing which seeks a ruling on some part of the merits of the action (e.g., lack of jurisdiction, motion for summary judgment) as distinguished from a motion regulatory only of the procedure of the action (e.g., motion to limit discovery, motion to substitute successor party) shall be accompanied by a short memorandum setting forth (a) any reasons for the motion not fully stated in the motion itself, and (b) the citation, without extended elaboration, of any authorities which it is necessary for the judge to consider in ruling upon the motion.

(b) Response. An adverse party may at his or her option serve and file a similar memorandum in opposition to the motion within the time prescribed by local rule.

(c) Oral argument. If the motion also contains a request for oral argument, or if within seven (7) days of the service of the motion an adverse party serves and files a request for oral argument, no ruling shall be made on the motion without opportunity being given to counsel to present such arguments. In the absence of any request by either party for oral argument in accordance with this Rule, the judge may set the matter for hearing or rule upon the motion forthwith and communicate the ruling to the parties. (For requirements applicable to motions for summary judgment, see Rule 141.) Notwithstanding a timely request for oral argument the court may deny such request by stating in the ruling or by separate communication that oral argument would not materially aid the court.

[History: Am. effective September 8, 2006; Am. effective July 1, 2010.]