2.05.070 [Rule 5] Motion

(a) Contents of Motions; Responses; Reply

An application for an order or other relief shall be made by filing a written motion. The motion shall contain or be accompanied by any matter required by a specific provision of these Rules governing such a motion, shall specifically state the grounds on which it is based, and shall set forth the order or relief sought. Any party may file a response to a motion within twenty (20) days after service of the motion. The moving party may file a reply memorandum within ten (10) days after service of the response. The reply memorandum shall be confined to rebuttal of points argued in the response to the motion.

(b) Motions on Papers, Requiring Supporting Affidavits or Other Evidence

Motion papers which rely on facts not apparent in the record, and of which the Appellate Court cannot take judicial notice, shall be supported by affidavit or other satisfactory evidence.

(c) Motions for Procedural Orders

Notwithstanding the preceding subsections, motions for procedural orders may be acted upon at any time without awaiting a response. Any such motion must contain an affidavit containing the following:

(1) The reason why the motion constitutes a motion for procedural order and can be acted upon without a response; and

(2) A description of all efforts to secure a stipulation from adverse counsel and the reason why the stipulation has not been obtained.

The majority of the Justices of the Appellate Court may grant a motion for a procedural order without awaiting a response. Any party adversely affected by the granting of a procedural order may file a motion requesting rehearing, vacation, or modification of the order.

(d) Oral Argument

Motions shall be considered and decided without oral argument unless otherwise ordered.