Rule 34 - Motion Practice(A) Use of Motion. Unless a statute or these Rules provide another form of application, a request for an order or for other relief shall be made by filing a motion.(B) Motions Subject to Decision Without Response. The Court will not await a response before ruling on the following motions: (2) to file an oversize Petition, brief or motion;(3) to withdraw appearance;(4) to substitute a party; and(5) to withdraw the record. The Court will consider any responses filed before it rules on the motion. A response filed after ruling on the motion will automatically be treated as a motion to reconsider; any party may file a motion to reconsider a decision on a motion described in this Section within ten (10) days after the Court's ruling on the motion.
(C) Response. Any party may file a response to a motion within fifteen (15) days after the motion is served. The fact that no response is filed does not affect the Court's discretion in ruling on the motion.(D) Reply. The movant may not file a reply to a response without leave of the Court. Any reply must be filed with the motion for leave, and tendered within five (5) days of service of the response.(E) Content of Motions, Responses and Replies. Except for the motions listed in Rule 34(B), a motion, response, or reply shall contain the following, but headings are not required: (1) Statement of Grounds. A statement particularizing the grounds on which the motion, response, or reply is based;(2) Statement of Supporting Facts. The specific facts supporting those grounds, including page citation to the Clerk's Record or Transcript or other supporting material;(3) Statement of Supporting Law. All supporting legal arguments, including citation to authority;(4) Other Required Matters. Any matter specifically required by a Rule governing the motion; and(5) Request for Relief. A specific and clear statement of the relief sought.(F) Verification of Facts Outside the Record on Appeal. When the motion, response, or reply relies on facts not contained in materials that have been filed with the Clerk, the motion, response, or reply shall be verified and/or accompanied by affidavits or certified copies of documents filed with the trial court clerk or Administrative Agency.(G) Form of Motions, Responses and Replies.(1) Form; Citations; References. Motions, responses and replies shall conform to the requirements for briefs under Rule 43(B)-(G).(2) Length. Unless the Court provides otherwise, a motion or a response shall not exceed ten (10) pages or 4,200 words, and replies shall not exceed five (5) pages or 2,100 words. If the document exceeds the page limit, it must contain a word count certificate in compliance with Rule 44(F).(H) Oral Argument. Ordinarily oral argument will not be heard on any motion.Amended April 12, 2016 effective 7/1/2016.