Rule 133: Memorandum and Argument on Motion

(a)   Form of Motion. Every written motion must—in the motion or in an accompanying memorandum—without extended elaboration, state the reasons for the motion and cite authorities, if any, the court should consider in ruling on the motion.

(b)   Response. An adverse party may file a memorandum in opposition to a motion, stating without extended elaboration the reasons the motion should be denied and citing authorities, if any, the court should consider in ruling on the motion. Except as otherwise provided by statute or these rules, the response must be filed no later than 7 days after service of the motion or as otherwise provided by the court.

(c)   Oral Argument. The following rules govern oral argument and rulings on motions.

(1)   When Oral Argument Is Requested. A party may request oral argument—either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.

(2)   When Oral Argument Is Not Requested. If no party requests oral argument, the court may:

(A)   set the matter for hearing; or

(B)   rule on the motion immediately and communicate the ruling to the parties.

[History: Am. effective September 8, 2006; Am. (c) effective July 1, 2010; Restyled rule and amended effective July 1, 2012.]