Rule 78.Hearing motions; decision on briefs
Group IX: District Courts and Clerks · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 78
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
Rule 78 gives courts flexibility in managing motion practice. A court can set up a standing schedule — fixed days and locations — for oral hearings on motions, so lawyers and litigants know in advance when arguments will be heard.
The court does not have to hold a hearing at all, though. Rule 78 also lets the court decide motions on the written briefs alone, skipping oral argument when it is not needed. That choice belongs to the court and can vary by motion or by local practice.
Frequently Asked Questions
Does every motion get an oral hearing?
No. Rule 78 lets the court decide motions on the briefs alone, without oral argument.
Can a court set a regular schedule for motion hearings?
Yes. The rule allows the court to establish regular times and places for oral hearings on motions.
Who decides whether a motion gets argued in person or decided on the papers?
The court makes that call.
Does Rule 78 require courts to follow a particular motion calendar?
No. It permits a regular schedule; it does not mandate one or dictate its content.
If there is no hearing, how does the court reach its decision on a motion?
By reviewing the briefs the parties submit.