(a) An application to the court for an order shall be made by motion which, unless made during a hearing or trial, shall be made in writing, setting forth with particularity the grounds and arguments on which it is based and the relief or order sought. It shall also be accompanied by any document or affidavit necessary to decide the same.
Any party opposing a motion shall file its opposition within ten (10) days after service of the motion. Said opposition shall be accompanied by any document or affidavit necessary to decide the same. If no opposition is filed within said period of ten (10) days, the motion shall be taken to be submitted for decision unless the opposing party requests an enlargement of time before the expiration of said ten (10) days and the court grants the same.
Motions shall be taken under advisement without a hearing unless the court motu proprio or at the request of a party decides to set a hearing therefor at its discretion. This rule shall not apply to those motions that either as provided by law or by these rules require that a hearing be held.
(b) Pre-trial motions for continuance or removal of a hearing shall be made in writing and shall set forth the grounds therefor. A motion for continuance may be presented orally only on the day of the hearing and for unexpected, extraordinary reasons not subject to the control of the parties or their attorneys. If just cause for the continuance appears from the face of the motion, the judge shall issue a written solution setting forth the grounds for granting the continuance or for removing the case, a copy of which shall be sent to the Administrative Judge.
Any stipulation to continue a hearing must be approved by the judge presiding over the case.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.