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Rule 7. Pleadings allowed; motions,memoranda, hearings, orders.

(a) Pleadings. Only these pleadings are allowed:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as acounterclaim;

(4) an answer to a crossclaim;

(5) a third‑party complaint;

(6) an answer to a third‑party complaint; and

(7) a reply to an answer if ordered by the court.

(b) Motions. A request for an order must be madeby motion. The motion must be in writing unless made during a hearing or trial,must state the relief requested, and must state the grounds for the reliefrequested. Except for the following, a motion must be made in accordance withthis rule.

(1) A motion,other than a motion described in paragraphs (b)(2),(b)(3) or (b)(4), made in proceedings before a court commissioner must follow Rule 101.

(2) A requestunder Rule 26 forextraordinary discovery must follow Rule 37(a).

(3) A requestunder Rule 37 fora protective order or for an order compelling disclosure or discovery?but not amotion for sanctions?must follow Rule 37(a).

(4) A requestunder Rule 45 toquash a subpoena must follow Rule 37(a).

(5) A motion forsummary judgment must follow the procedures of this rule as supplemented by therequirements of Rule 56.

(c) Name and content of motion.

(1) The rulesgoverning captions and other matters of form in pleadings apply to motions andother papers.

(2) Caution language. For all dispositivemotions, the motion must include the following caution language at the topright corner of the first page, in bold type: This motion requires you to respond. Please see the Notice toResponding Party.

(3) Bilingual notice. All motions mustinclude or attach the bilingual Notice to Responding Party approved by theJudicial Council.

(4) Failure to include caution language andnotice. Failure to include the caution language in paragraph (c)(2) or thebilingual notice in paragraph (c)(3) may be grounds to continue the hearing onthe motion, or may provide the non-moving party with a basis under Rule 60(b)for excusable neglect to set aside the order resulting from the motion. Partiesmay opt out of receiving the notices set forth in paragraphs (c)(2) and (c)(3) while represented by counsel.

(5) Title of motion. The moving party musttitle the motion substantially as: ?Motion [short phrase describing the reliefrequested].?

(6) Contents of motion. The motion mustinclude the supporting memorandum. The motion must include under appropriateheadings and in the following order:

(A) a concise statement of the relief requested and thegrounds for the relief requested; and

(B) one or more sections that include a concise statementof the relevant facts claimed by the moving party and argument citing authorityfor the relief requested.

(7) If themoving party cites documents, interrogatory answers, deposition testimony, orother discovery materials, relevant portions of those materials must beattached to or submitted with the motion.

(8) Length of motion. If the motion is forrelief authorized by Rule 12(b) or 12(c), Rule 56 or Rule 65A,the motion may not exceed 25 pages, not counting the attachments, unless alonger motion is permitted by the court. Other motions may not exceed 15 pages,not counting the attachments, unless a longer motion is permitted by the court.

(d) Name and content of memorandum opposingthe motion.

(1) A nonmovingparty may file a memorandum opposing the motion within 14 days after the motionis filed. The nonmoving party must title the memorandum substantially as:?Memorandum opposing motion [short phrase describing the relief requested].?The memorandum must include under appropriate headings and in the followingorder:

(A) a concise statement of the party?s preferreddisposition of the motion and the grounds supporting that disposition;

(B) one or more sections that include a concise statementof the relevant facts claimed by the nonmoving party and argument citingauthority for that disposition; and

(C) objections to evidence in the motion, citing authorityfor the objection.

(2) If thenon-moving party cites documents, interrogatory answers, deposition testimony,or other discovery materials, relevant portions of those materials must beattached to or submitted with the memorandum.

(3) If themotion is for relief authorized by Rule 12(b) or 12(c), Rule 56 or Rule 65A,the memorandum opposing the motion may not exceed 25 pages, not counting theattachments, unless a longer memorandum is permitted by the court. Otheropposing memoranda may not exceed 15 pages, not counting the attachments,unless a longer memorandum is permitted by the court.

(e) Name and content of reply memorandum.

(1) Within 7days after the memorandum opposing the motion is filed, the moving party mayfile a reply memorandum, which must be limited to rebuttal of new mattersraised in the memorandum opposing the motion. The moving party must title thememorandum substantially as ?Reply memorandum supporting motion [short phrasedescribing the relief requested].? The memorandum must include underappropriate headings and in the following order:

(A) a concise statement of the new matter raised in thememorandum opposing the motion;

(B) one or moresections that include a concise statement of the relevant facts claimed by themoving party not previously set forth that respond to the opposing party?sstatement of facts and argument citing authority rebutting the new matter;

(C) objections to evidence in the memorandum opposing themotion, citing authority for the objection; and

(D) response to objections made in the memorandum opposingthe motion, citing authority for the response.

(2) If themoving party cites documents, interrogatory answers, deposition testimony, orother discovery materials, relevant portions of those materials must beattached to or submitted with the memorandum.

(3) If themotion is for relief authorized by Rule 12(b) or 12(c), Rule 56 or Rule 65A,the reply memorandum may not exceed 15 pages, not counting the attachments,unless a longer memorandum is permitted by the court. Other reply memoranda maynot exceed 10 pages, not counting the attachments, unless a longer memorandumis permitted by the court.

(f) Objection to evidence in the replymemorandum; response. If thereply memorandum includes an objection to evidence, the nonmoving party mayfile a response to the objection no later than 7 days after the replymemorandum is filed. If the reply memorandum includes evidence not previouslyset forth, the nonmoving party may file an objection to the evidence no laterthan 7 days after the reply memorandum is filed, and the moving party may filea response to the objection no later than 7 days after the objection is filed.The objection or response may not be more than 3 pages.

(g) Request to submit for decision. When briefing is complete or the timefor briefing has expired, either party may file a ?Request to Submit forDecision,? but, if no party files a request, the motion will not be submittedfor decision. The request to submit for decision must state whether a hearinghas been requested and the dates on which the following documents were filed:

(1) the motion;

(2) the memorandum opposing the motion, if any;

(3) the reply memorandum, if any; and

(g)(4) the response to objections in the reply memorandum, ifany.

(h) Hearings. The court may hold a hearing on anymotion. A party may request a hearing in the motion, in a memorandum or in therequest to submit for decision. A request for hearing must be separatelyidentified in the caption of the document containing the request. The courtmust grant a request for a hearing on a motion under Rule 56 ora motion that would dispose of the action or any claim or defense in the actionunless the court finds that the motion or opposition to the motion is frivolousor the issue has been authoritatively decided. A motion hearing may be heldremotely, consistent with the safeguards in Rule 43(b).

(i) Notice of supplemental authority. A party may file notice of citationto significant authority that comes to the party?s attention after the party'smotion or memorandum has been filed or after oral argument but before decision.The notice may not exceed 2 pages. The notice must state the citation to theauthority, the page of the motion or memorandum or the point orally argued towhich the authority applies, and the reason the authority is relevant. Anyother party may promptly file a response, but the court may act on the motionwithout waiting for a response. The response may not exceed 2 pages.

(j) Orders.

(1)Decision complete when signed; entered when recorded. However designated, the court?sdecision on a motion is complete when signed by the judge. The decision isentered when recorded in the docket.

(2)Preparing and serving a proposed order. Within14 days of being directed by the court to prepare a proposed order confirmingthe court?s decision, a party must serve the proposed order on the otherparties for review and approval as to form. If the party directed to prepare aproposed order fails to timely serve the order, any other party may prepare aproposed order confirming the court?s decision and serve the proposed order onthe other parties for review and approval as to form.

(3)Effect of approval as to form. Aparty?s approval as to form of a proposed order certifies that the proposedorder accurately reflects the court?s decision. Approval as to form does notwaive objections to the substance of the order.

(4)Objecting to a proposed order. Aparty may object to the form of the proposed order by filing an objectionwithin 7 days after the order is served.

(5)Filing proposed order. The partypreparing a proposed order must file it:

(A) after all other parties have approved the form of theorder (The party preparing the proposed order must indicate the means by whichapproval was received: in person; by telephone; by signature; by email; etc.);

(B) after the time to object to the form of the order hasexpired (The party preparing the proposed order must also file a certificate ofservice of the proposed order.); or

(C) within 7 days after a party has objected to the form ofthe order (The party preparing the proposed order may also file a response tothe objection.).

(6)Proposed order before decision prohibited; exceptions. A party may not file a proposed orderconcurrently with a motion or a memorandum or a request to submit for decision,but a proposed order must be filed with:

(A) a stipulated motion;

(B) a motion that can be acted on without waiting for aresponse;

(C) an ex parte motion;

(D) a statement of discovery issues under Rule 37(a);and

(E) the request to submit for decision a motion in which amemorandum opposing the motion has not been filed.

(7)Orders entered without a response; ex parte orders. An order entered on a motion underparagraph (l) or (m) can be vacated or modified by the judge who made it withor without notice.

(8)Order to pay money. An orderto pay money can be enforced in the same manner as if it were a judgment.

(k) Stipulated motions. A party seeking relief that has beenagreed to by the other parties may file a stipulated motion which must:

(1) be titled substantially as: ?Stipulated motion [shortphrase describing the relief requested]?;

(2) include aconcise statement of the relief requested and the grounds for the reliefrequested;

(3) include a signed stipulation in or attached to themotion and;

(4) be accompanied by a request to submit for decision anda proposed order that has been approved by the other parties.

(l) Motions that may be acted on withoutwaiting for a response.

(1) The courtmay act on the following motions without waiting for a response:

(A) motion to permit an over‑length motion ormemorandum;

(B) motion for an extension of time if filed before theexpiration of time;

(C) motion to appear pro hac vice;and

(D) other similar motions.

(2) A motionthat can be acted on without waiting for a response must:

(A) be titled as a regular motion;

(B) include a concise statement of the relief requested andthe grounds for the relief requested;

(C) cite the statute or rule authorizing the motion to beacted on without waiting for a response; and

(D) be accompanied by a request to submit for decision anda proposed order.

(m) Ex parte motions. If a statute or rule permits a motionto be filed without serving the motion on the other parties, the party seekingrelief may file an ex parte motion which must:

(1) be titled substantially as: ?Ex parte motion [shortphrase describing the relief requested]?;

(2) include aconcise statement of the relief requested and the grounds for the reliefrequested;

(3) cite thestatute or rule authorizing the ex parte motion;

(4) be accompanied by a request to submit for decision anda proposed order.

(n) Motion in opposing memorandum or reply memorandumprohibited. A partymay not make a motion in a memorandum opposing a motion or in a replymemorandum. A party who objects to evidence in another party?s motion ormemorandum may not move to strike that evidence. Instead, the party mustinclude in the subsequent memorandum an objection to the evidence.

(o) Overlengthmotion or memorandum. The courtmay permit a party to file an overlength motion ormemorandum upon a showing of good cause. An overlengthmotion or memorandum must include a table of contents and a table ofauthorities with page references.

(p) Limited statement of facts andauthority. No statement of facts and legalauthorities beyond the concise statement of the relief requested and thegrounds for the relief requested required in paragraph (c) is required for thefollowing motions:

(1) motion to allow an over-length motion or memorandum;

(2) motion to extend the time to perform an act, if themotion is filed before the time to perform the act has expired;

(3) motion to continue a hearing;

(4) motion to appoint a guardian ad litem;

(5) motion to substitute parties;

(6) motion to refer the action to or withdraw it fromalternative dispute resolution under Rule 4-510.05;

(7) motion for a conference under Rule 16;and

(8) motion to approve a stipulation of the parties.

 

Effective May 1,2021