Rule 501.Motion Practice

Rule 501 is the rule every other motion in these rules runs through.

What a motion must contain

A request for a court order must be made by motion. It must be in writing unless made during a hearing or trial; state with particularity the grounds for the relief, including the number of the applicable rule, other relevant rule, or law; and state the relief or order sought. A proposed form of order, if included, must be a separate document.

The three deadlines

Counting backward from the hearing:

• 14 days — the motion, supporting affidavits, any brief, and the notice of hearing must be filed and served so as to be received by then;
• 7 days — opposing affidavits and briefs;
• 2 days — the moving party's reply.

Note the wording: received, not merely mailed. Rule 205's three added days for service by mail do not rescue a paper that arrives late.

Oral argument, and the price of not asking

The moving party must indicate on the face of the motion whether oral argument is desired, and, if no brief accompanies the motion, whether one is coming. If no oral argument is requested, the moving party must submit a proposed order.

Then the consequence: if the moving party does not request oral argument or does not timely file a supporting memorandum, the court may deny the motion without further notice if it determines the motion lacks merit. Silence on the face of the motion can end it unheard.

The court may also deny requested oral argument on at least 1 day's written or oral notice, and may limit argument at any time.

Two practical provisions

Where the presiding judge sits outside the county in which the action is pending, the parties must simultaneously provide a copy of every motion paper to that judge in addition to filing with the court of record.

Any exception to these time limits may be granted for good cause shown, and if time does not permit a hearing on a motion to extend or shorten, the court may rule without response or hearing. The limits also yield where a statute or another rule supplies a different one. Captions, signing and form follow the pleading rules.