(a) An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit. (b) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than 7 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion, and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time. Source: Entire rule amended and adopted December 14, 2011, effective 7/1/2012.
Annotation Court is justified in considering statements in affidavits in support of motion to dismiss indictments as evidence of the facts asserted. People v. Lewis, 183 Colo. 236, 516 P.2d 416 (1973). If party disagrees with allegations in affidavits attached to motion to dismiss indictments, he should file counter affidavits or call witnesses to dispute the allegations. People v. Lewis, 183 Colo. 236, 516 P.2d 416 (1973). Applied in People v. Martinez, 43 Colo. App. 419, 608 P.2d 359 (1979); People v. Buggs, 631 P.2d 1200 (Colo. App. 1981).