Rule 33 - Hearing Pre-Trial Motions
Rule 33.5 - Motions, How Filed and Considered
1. A party filing any motion, except motions for new trial, shall serve and file at the same time brief written suggestions in support thereof together with authorities relied upon and any affidavits to be considered in support of the motion. Failure to file clear concise suggestions shall be grounds for refusing the relief requested. Within ten (10) days following service and filing of such motion, any party opposing the motion shall serve and file suggestions in opposition with citation of authorities and affidavits to be considered in opposition to the motion.
Any party wishing to file reply suggestions shall do so within five (5) days following service and filing of suggestions in opposition. No further briefing on any motion shall be allowed without leave of Court.
Upon the filing of suggestions as provided herein, or upon expiration of the time for doing so, whichever occurs first, the matter shall be presented to the judge for consideration, and when the Court rules on same, counsel for the parties shall be notified. The Court may extend or shorten the time for filing suggestions on application of either party. Any party may request or the Court on its own motion may direct that a hearing or oral argument be conducted on a motion covered by this paragraph but the granting or refusal of the same shall be a matter for the discretion of the Court. Any request for a hearing or oral argument shall be filed with the suggestions of the party requesting the same. Suggestions shall be filed pursuant to this rule even though a hearing or oral argument is granted.
2. No request for an extension of time to plead shall be entertained except on written application signed by the attorney requesting such extension.
3. Under Supreme Court Rules 57.01 and 61.01 (b), the burden is now on the interrogating party to move under Supreme Court Rule 61.01 (b) for an order compelling answers to interrogatories in situations where objections have been filed by the interrogated party. Accordingly, the practice of filing suggestions with objections to interrogatories is no longer required and, in the absence of a motion and suggestions as required in subsection 1 hereof, the Court will no longer rule on objections to interrogatories.
4. Any motion made pursuant to, or to enforce, the provisions of Supreme Court Rules 56 through and including 61 will not be considered by the Court unless the movant files with such motion an affidavit of movant or his counsel stating:
a. That he has communicated in writing with the opposing party or his counsel in a sincere attempt to resolve the differences relating to such motion, but without reaching an agreement.
or
b. That he has made a sincere attempt to communicate in writing with the opposing party or his counsel without success, setting forth in detail the particulars of such attempt.
A copy of the written communication relied upon shall be attached to the affidavit.
5. Failure to comply with this rule shall be sufficient ground, in the discretion of the Court, for overruling the motion so filed.
6. All motions except those in which a hearing is requested shall be accompanied by a proposed order.
7. If courtesy copies of pleadings are delivered to the Court, they shall be clearly marked as “Courtesy Copy” on the upper right-hand side of the pleading, below the case number and the division number.
Adopted 8/18/17
Effective 9/15/17