Documents.
(a) Except as otherwise provided by this rule or ordered by the court, all
motions shall be entered on the motion calendar of the assigned judge for hearing
at least thirty-five (35) days after service.
(b) The above period shall not apply to the following: non-hearing
motions under Subsections (c) and (d) of this rule; applications for a temporary
restraining order or preliminary injunction; motions for protective order; motions
for withdrawal of counsel; applications to extend or shorten time; motions in
limine; and motions made during the course of a trial or hearing.
(c) Unless specifically required, the court may decide all matters,
including motions, petitions, and appeals, without a hearing. If a movant has a
position on whether a hearing should or should not be held, the party shall so state
in its motion, and the opposing party shall state its position in its opposition
memorandum.
(d) The following shall be decided without a hearing: motions to alter,
amend, reconsider, set aside or vacate a judgment or order; motions for judgment
as a matter of law or for a new trial; motions for clarification of a judgment or
order; motions for relief from judgment; motions to proceed in forma pauperis;
motions filed in pro se prisoner actions; motions for appointment of counsel;
motions for certification of finality under Fed. R. Civ. P. 54; appeals from a
magistrate judge’s decision or order; and objections to a magistrate judge’s report
and recommendation. The court may set any of the foregoing motions for hearing
sua sponte or upon application by a party.
