L. R. Prac. Sup. Ct. 1.13

As amended through August 22, 2024

Rule 1.13 - Motions, Objections, Briefs, Memoranda and Argument

A.Filing, Copies and Service. Whenever a matter is submitted to the court for consideration upon motions, objections, briefs, memoranda or any other matter requiring judicial action or attention, a duplicate of the motion, objection, brief or memoranda shall be lodged directly with the assigned judge.

B.Oral Argument. All pleadings and other filed papers shall be deemed submitted for consideration and ruling by the court without oral argument unless the pleadings contain a request for oral argument. A request for oral argument shall be placed beneath the title of the document as: "Oral Argument Requested." In addition, the requesting party shall submit a form of notice wherein the court may insert the appropriate date and time for oral argument to be conducted. The court may determine that oral arguments are unnecessary for any matter, notwithstanding a request therefor.

C.Telephonic Argument. Oral argument by telephone conference call may be had on any motion upon prior written consent of the court. Unless otherwise specified by the court, counsel who requests the telephonic argument shall initiate the call, at that party's expense, on the date and time scheduled for oral; argument through a "conference call" operator. Evidentiary hearings shall not be conducted by telephonic means unless expressly permitted by the court in writing. In-house conferencing systems are not permitted.

D.Non-appearance Calendar. Motions filed without requests for oral argument and which do not require an evidentiary hearing will be placed on the court's non-appearance calendar for submission to the court after the time for response and reply have passed. Upon review of the motion and any responsive pleadings, the court may conclude that oral argument or an evidentiary hearing is required and may order said hearing.

E.Accelerated Rulings. Motions that seek determinations by the court prior to the expiration of the time for response and reply shall clearly identify that fact and indicate whether the opposing party objects to the requested relief. If the court determines that the matter should be considered in an accelerated fashion, the party requesting relief is responsible for any costs associated with the notice, including arranging for and paying the costs of telephonic conferencing.

L. R. Prac. Sup. Ct. 1.13

Added and effective 6/9/2005.