Unless otherwise directed by the presiding judge, motion practice is controlled by
subsection (h) of this rule. In addition, the parties must comply with the following:
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Effective September 3, 2024
(a) Conference. Before filing a motion, an attorney for the moving party must confer
with an attorney for each party affected by the requested relief to determine whether the
motion is opposed. Conferences are not required for motions to dismiss the entire action or
indictment, or when a conference is not possible.
(b) Certificate of Conference.
(1) Each motion for which a conference is required must include a certificate
of conference indicating that the motion is unopposed or opposed.
(2) If a motion is opposed, the certificate must state that a conference was held,
indicate the date of conference and the identities of the attorneys conferring,
and explain why agreement could not be reached.
(3) If a conference was not held, the certificate must explain why it was not
possible to confer, in which event the motion will be presumed to be
opposed.
(c) Proposed Order. An unopposed motion must be accompanied by an agreed
proposed order, signed by the attorneys or parties. An opposed motion that is submitted on
paper must be accompanied by a proposed order, set forth on a separate document, unless
an order is not required by subsection (h) of this rule.
(d) Brief. An opposed motion must be accompanied by a brief that sets forth the
moving party’s contentions of fact and/or law, and argument and authorities, unless a brief
is not required by subsection (h) of this rule. A response to an opposed motion must be
accompanied by a brief that sets forth the responding party’s contentions of fact and/or
law, and argument and authorities. A responding party is not required to file a brief in
opposition to a motion for which a brief is not required by subsection (h) of this rule.
(e) Time for Response and Brief. A response and brief to an opposed motion must be
filed within 14 days from the date the motion is filed.
(f) Reply Brief. Reply briefs may not be filed unless the moving party requests, and
the presiding judge grants, leave to do so. If leave is granted, the reply brief shall be filed
no later than the deadline set by the presiding judge.
(g) No Oral Argument. Unless otherwise directed by the presiding judge, oral
argument on a motion will not be held.
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Effective September 3, 2024
(h) Uniform Requirements on Motion Practice.
B - Brief required (not required with agreed motion)
C - Certificate of conference required
O - Order required
MOTION (to/for) B C O
CHANGE OF VENUE X X X
COMPEL X X X
CONSOLIDATION X X X
CONTINUANCE X X
DISMISS X
EXTEND TIME X X
JUDGMENT OF
ACQUITTAL X X
LEAVE TO FILE X X X
LIMINE X X X
NEW TRIAL X
PRODUCE
DOCUMENTS X X X
PROTECTIVE ORDER X X X
QUASH X X X
SANCTIONS X X X
SUBSTITUTE
COUNSEL X X
TRANSFER X X
WITHDRAW X X
NOTE: If a motion is not listed, a brief, certificate of conference, and an order are
required.
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Effective September 3, 2024
