Rule 6:3-3 - Motion Practice(a)Serving and Filing Motion Papers. On motions to which R. 6:3-3(c) is applicable, moving papers including proof of service shall be filed forthwith after service. On all other motions, except ex parte applications, moving papers including proof of service shall be served and filed within the time prescribed by R. 1:6-3. Ex parte applications shall be filed with the clerk.(b)When Heard. Motions shall be heard on days designated by the Assignment Judge or designee. (1) Subject to R. 1:6-2(d), upon receipt of an objection and a request for oral argument, orat the direction of the court, the clerk shall set the motion down for hearing and shallnotify the parties or their attorneys by mail of the time and place thereof. Requests for oral argument of contested motions made in a timely and procedurally proper manner by any party shall be granted as a matter of right.(2) A party who has not requested oral argument may waive in writing the right toappear at the hearing and instead rely on the papers. When oral argument has been waived by all parties, it should not be required unless the court believes that it is necessary for disposition of the motion.(3) The court may use telephone conferences to dispose of motions.(c)Service and Form. Motions shall be made in the form and manner prescribed by R. 1:6, and in conformity with R. 6:6-1, provided, however, that:(1) The notice of motion shall not state a time and place for its presentation to the court,nor shall the discovery end date as specified in R. 1:6-2(a) be required. No oralargument of a motion shall be permitted unless specifically demanded by a party ordirected by the court.(2) The notice of motion shall also state the court's address and that the order soughtwill be entered in the discretion of the court unless the attorney or pro se party uponwhom it has been served notifies the clerk of the court and the attorney for the movingparty or the pro se party in writing within ten days after the date of service of the motionthat the responding party objects to the entry of the order.(3) Every notice of motion shall include the following language: "NOTICE. IF YOU WANT TORESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears tothe truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the time, date, and place. Your response, if any, must be in writing even if you request oral argument. Any papers you send to the court must also be sent to the opposing party's attorney, or the opposing party if they are not represented by an attorney."(4) In addition to the notice contained in subparagraph (3) above, all notices of motion for summary judgment must also state: "We are asking the court to make a final decision against you without a trial or an opportunity for you to present your case to a judge. We are requesting that a decision be entered against you because we say that the important facts are not in dispute and the law entitles us to a judgment. If you object to the motion, you must file a written response stating what facts are disputed and why a decision should not be entered against you."(5) In addition to the notice contained in subparagraph (3) above, all notices of motion to dismiss or suppress for failure to answer interrogatories must also state: "We are requesting that your complaint be dismissed or your answer not be considered forfailure to answer the interrogatories (questions) we sent you. In order to avoid this you must, within 10 days, either (a) send us answers to the questions and inform the court in writing that you have fully answered the questions; or, (b) respond to the motion. If you choose to respond, you must state your opposition in writing and send copies to us and to the court."(6) In addition to the notice contained in subparagraph (3) above, all notices of motion for turnover which will satisfy the underlying judgment if granted must also state at thetop of the page "NOTICE OF MOTION TO TURNOVER THAT WILL FULLY SATISFY THE JUDGMENT," and the filing fee shall be waived as provided in R. 1:43 upon the inclusion of an additional statement in the affidavit or certification in support thereof which states that "the judgment will be fully satisfied if the requested relief is granted."(7) The party seeking an order under this rule shall submit a proposed form of order with the moving papers.(d)Transfer of Landlord/Tenant Actions; Enforcement of Discovery Orders and Information Subpoenas. Motions to transfer landlord/tenant actions to the Civil Part of the Law Division shall be governed by R. 6:4-1(g). Motions to enforce discovery orders and information subpoenas shall be governed by R. 6:7-2.(e)Motions to Vacate Defaults or Default Judgments. Motions to vacate defaults or default judgments that were entered because a written answer was not filed on time shall include the proffered answer and its filing fee.Source -- R.R. 7:5-9, 7:5-10, 7:5-11(a)(b); paragraph (c) amended July 15, 1982 to be effective 9/13/1982; paragraph (c) amended November 2, 1987 to be effective 1/1/1988; paragraph (b) amended November 7, 1988 to be effective 1/2/1989; paragraph (c) amended June 29, 1990 to be effective 9/4/1990; paragraph (c) amended and paragraph (d) adopted July 14, 1992 to be effective 9/1/1992; new text of subparagraph (c)(5) added and former subparagraph (c)(5) redesignated as (c)(6) July 13, 1994 to be effective 9/1/1994; subparagraph (c)(2) amended, subparagraphs (c)(4), (c)(5), and (c)(6) redesignated as subparagraphs (c)(6), (c)(7), and (c)(8), and new subparagraphs (c)(4) and (c)(5) adopted July 5, 2000, to be effective 9/5/2000; paragraph (a) amended, paragraph (b) caption and text amended, paragraphs (c)(6) and (c)(7) amended and redesignated as paragraphs (b)(1) and (b)(2), new paragraph (b)(3) added, paragraph (c)(8) redesignated as paragraph (c)(6), paragraph (d) amended, and new paragraph (e) added July 12, 2002 to be effective 9/3/2002; subparagraph (c)(1) amended July 28, 2004 to be effective 9/1/2004; new subparagraph (c)(6) added and former subparagraph (c)(6) redesignated as subparagraph (c)(7) July 27, 2018 to be effective 9/1/2018.