(a)        Scope and Application

This rule shall govern all civil motions.

Motions are either dispositive or non-dispositive, and are defined as follows:

(i)          Dispositive motions are motions which seek to dispose of all or part of the claims or parties, except motions for default judgment.  They include motions to dismiss a party or claim, motions for summary judgment, and motions under Rule 17(b).

(ii)          Non-Dispositive motions are all other motions, including but not limited to discovery, third party practice, temporary relief, intervention or amendment of pleadings.

(b)            Obtaining Hearing Date; Notice to Parties

A hearing date and time shall be obtained from the Clerk of Court or an Assistant Clerk of Court.  A party obtaining a date and time for a hearing on a motion or for any other calendar setting, shall promptly give notice advising all other parties who have appeared in the action so that cross motions may, insofar as possible, be heard on a single hearing date.

(c)            Dispositive Motions

(i)          No motion shall be heard until the moving party serves a copy of the following documents on opposing counsel and files the original with the Clerk of Court at least 28 days prior to the hearing:

(1)            Notice of motion and motion;

(2)            Proposed Order;

(3)            Any affidavits and exhibits to be submitted in conjunction with the motion; and

(4)            Memorandum of law.

(ii)          The party responding to the motion shall serve a copy of the following documents on opposing counsel and shall file the originals with the Clerk of Court at least 9 days prior to the hearing:

(1)            Memorandum of law; and

(2)            Supplementary affidavits and exhibits.

(iii)          Reply  Memoranda.  The moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion, by serving a copy on opposing counsel and filing the original with the Clerk of Court at least 3 days before the hearing.

(iv)          Additional Requirement for Summary Judgment Motions.  For summary judgment motions, the memorandum of law shall include:

(1)            A statement by the moving party of the issues involved which are the grounds for the motion for summary judgment;

(2)            A statement identifying all documents (such as depositions or excerpts thereof, pleadings, exhibits, admissions, interrogatory answers, and affidavits) which comprise the record on which the motion is made.  Opposing parties shall identify in their responding Memorandum of Law any additional documents on which they rely.

(3)            A recital by the moving party of the material facts as to which there is no genuine dispute, with a specific citation to that part of the record supporting each fact, such as deposition page and line or page and paragraph of an exhibit.  A party opposing the motion shall, in like manner, make a recital of any material facts claimed to be in dispute.  Such recitals shall be is excluded from the page limitations of this rule; and

(4)            The party's argument and authorities.  These additional requirements also apply to a motion under Rule 18 if factually based. 

(d)        Non-Dispositive Motions

(i)          No motion shall be heard until the moving party serves a copy of the following documents on the other party or parties and files the original with the Clerk of Court at least 14 days prior to the hearing:

(1)            Notice of motion and motion;

(2)            Proposed order;

(3)            Any affidavits and exhibits to be submitted in conjunction with the motion; and

(4)            Any memorandum of law the party intends to submit; and

(ii)          The party responding to the motion shall serve a copy of the following documents on the moving party and other interested parties and shall file the original with the court administrator at least 7 days prior to the hearing:

(1)            Any memorandum of law the party intends to submit; and

(2)            Any relevant exhibits and affidavits.

(iii)          Reply Memoranda.  The moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion, by serving a copy on opposing counsel and filing the original with the Clerk of Court at least 3 days before the hearing.

(e)            Motions on Which No Hearing is Scheduled

If a motion is filed and no hearing date thereon is scheduled, the non-moving party(ies) have fifteen (15) days to respond to the motion, and the moving party shall have seven (7) days to file any reply.  These time limits shall apply to all motions on which no hearing is scheduled unless otherwise agreed by the parties or ordered by the Court.  The page limits set forth in Rule 5(f) shall apply to this subsection.

(f)        Page Limits

No memorandum of law submitted in connection with either a dispositive or non‑dispositive motion shall exceed 35 pages, exclusive of the recital of facts required by Rule 5(c)(iv)(3), except with permission of the court.  For motions involving discovery requests, the moving party's memorandum shall set forth only the particular discovery requests and the response or objection thereto which are the subject of the motion, and a concise recitation of why the response or objection is improper.  If a reply memorandum of law is filed, the cumulative total of the original memorandum and the reply memorandum shall not exceed 35 pages, except with the permission of the court.

(g)        Failure to Comply

If the moving papers are not properly served and filed, the hearing may be canceled by the court.  If responsive papers are not properly served and filed in a non-dispositive motion, the court may deem the motion unopposed and may grant the relief requested without a hearing.  For a dispositive motion, the court, in its discretion, may refuse to permit oral argument by the party not filing the required documents, may allow reasonable attorney's fees, or may take other appropriate action.

(h)            Relaxation of Time Limits

If irreparable harm will result absent immediate action by the court, or if the interests of justice require otherwise, the court may waive or modify the time limits established by this rule, but only if requested by motion of one of the parties, which must be properly served.

(i)            Witnesses

No testimony will be taken at motion hearings except under unusual circumstances.  Any party seeking to present witnesses at a motion hearing shall obtain prior consent of the court and shall notify the adverse party in the motion papers of the names and addresses of the witnesses which that party intends to call at the motion.

(j)            Telephone Hearings

When a motion is authorized by the court to be heard by telephone conference call, the moving party shall be responsible either to initiate the conference call or to comply with the court's instructions on initiation of the conference call.  If necessary, adequate provision shall be made by the court for a record of the telephone hearing.