Rule 3-311.Motions

A party asking the District Court for an order — anything from a scheduling change to dismissal — does it by motion. Outside of something raised during a hearing or trial itself, a motion has to be in writing and has to spell out the relief the party wants. A response, if one is filed, is due within 10 days of being served with the motion, or by the deadline for filing a notice of intention to defend, whichever comes later. That second option protects a defendant who gets hit with an early motion before they've even had to respond to the underlying complaint. Some motions, including requests for extensions of time and motions for a new trial or to amend the judgment, don't need a written response at all unless the court says otherwise. If nobody responds on time, the court is free to rule on the motion.

Both the motion and any response have to state their grounds with particularity — generalities won't do. Any document a party wants the court to look at in deciding the motion has to be attached as an exhibit, unless it's already part of the record through incorporation by reference or has already been set out under the rules governing interrogatory answers.

Hearings work differently depending on the motion. For a motion for new trial or to amend the judgment, the court decides case by case whether to hold a hearing, but it can't grant the motion without one. For other motions, a party who wants a hearing has to ask for it in the motion or response itself, under a heading reading "Request for Hearing." The court still decides whether to hold one, but if a hearing was requested, the court can't decide the motion in a way that disposes of a claim or defense without giving the parties one. As a practical matter, a motion filed within 10 days of the trial date is decided on the trial date itself unless the court orders otherwise.