Rule 78.Hearing motions; submission on briefs
Group X: District Courts and Clerks · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 78
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendment is technical.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Motion practice doesn't have to mean a hearing every time. Rule 78 gives each court two tools for managing its motion calendar: it can set up standing hearing days and locations for oral argument, or it can announce — by local rule or by order in a given case — that a motion will be decided on the papers the parties filed, with no hearing at all.
Either approach is a matter of court administration, not a right that belongs to the parties. A court that regularly schedules oral hearings still keeps the option of deciding a specific motion without one, and a court that generally works from briefs can call a hearing when it wants to hear from counsel directly. Check the local rules for the district where a case is pending to see which practice applies.
Frequently Asked Questions
Am I entitled to oral argument on every motion I file?
No. Rule 78 lets a court decide motions on the written briefs without a hearing, so long as the court has said it may do so by rule or by order.
How do I find out whether a court schedules regular motion hearing days?
Check that district's local rules, which commonly set out standing calendar days, filing deadlines tied to those days, and whether the court defaults to deciding motions on the briefs.
If a court usually rules on the papers, can it still hold a hearing if I ask?
A court that submits motions on briefs by default retains discretion to call a hearing on a particular motion when it thinks argument would help.
Does deciding a motion without a hearing mean the court skipped considering it?
No. Rule 78 only addresses whether there's oral argument — the court still reviews the motion, any opposition, and any reply before ruling.
Does Rule 78 apply to every kind of motion?
Rule 78 speaks broadly to motion practice, but a particular motion type can carry its own hearing requirement under a specific rule or statute, so check whether one applies before assuming briefs alone will suffice.