Each court may establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct, and hearing of actions. To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing, upon brief written statements of reasons in support and opposition. Trial courts may also provide by local rule for notices to set motions for hearing or for calling upon motions for hearing without prior setting.
Rule 78.Motion Day
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 78 lets each Colorado court set its own schedule for hearing motions, gives judges discretion to advance or rearrange that schedule on reasonable notice, and allows courts to decide some motions on written submissions instead of oral argument.
Full Text of Rule 78
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 78 leaves the scheduling of motions to each court. A court may set regular days and places for hearing motions that need notice, spacing them often enough to keep business moving. A judge isn't locked into that calendar, though — the judge may advance a hearing, change how it's conducted, or set a different time, on whatever notice the judge considers reasonable under the circumstances.
To save time, a court may decide a motion without oral argument, relying instead on short written statements from each side explaining their position. Trial courts may also adopt local rules describing how a motion gets on the calendar in the first place — either through a separate request to set it for hearing, or by treating the notice of hearing itself as the only step required.
Frequently Asked Questions
Must a court hold oral argument before ruling on a motion?
No. Rule 78 lets a court decide motions on brief written statements of the reasons for and against them, without an oral hearing.
What is a "motion day"?
It's a regular time and place a court sets aside for hearing motions that require notice, established often enough to keep the court's business moving without delay.
Can a judge change the motion schedule for a specific case?
Yes. Rule 78 lets a judge advance, reschedule, or otherwise direct how and when a motion is heard, so long as the judge gives whatever notice is reasonable under the circumstances.
Do all Colorado courts use the same procedure for setting motions?
No. Rule 78 allows each trial court to adopt its own local rule for how a motion gets set for hearing, including whether a separate notice-of-setting step is required.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 78). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: motion day colorado rulessetting a motion for hearingdeciding motions without oral argumentlocal rules for motions practicemotions calendar district courtwritten statements in place of a hearing