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Rules Adopted by the Supreme Court

Rules Relating to Supreme Court, Court of Appeals, and Appellate Practice

Rule 5.01
Motions

Appellate Court Motions

(a) Every application to an appellate court, unless made during a hearing, shall be by written motion stating with particularity the grounds therefor and the relief or order sought. The motion shall be filed with the clerk of the appellate courts and shall be accompanied by eight (8) legible copies if filed in the Supreme Court and by three (3) legible copies if filed in the Court of Appeals. Any other party may, within five (5) days after service of a motion, serve and file a response thereto with a like number of copies. Extensions of time up to twenty (20) days may be granted by the clerk of the appellate courts or the court without waiting for a response. Oral arguments on motions will not be permitted unless ordered by the court.
(b) Parties who are represented by counsel shall only be allowed to file motions on their own behalf to remove counsel or to file supplemental briefing. Such motions shall be served on their counsel and all other parties involved in the appeal. This subsection shall not preclude the filing of any motions by parties appearing pro se.

[History: Am. effective June 14, 1988; Am. effective September 16, 1992; Am. effective September 6, 2005.]