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Rule7.Pleadings allowed; motions, memoranda, hearings, orders.

(a) Pleadings.Only these pleadings are allowed:

(a)(1)a complaint;

(a)(2)an answer to a complaint;

(a)(3)an answer to a counterclaim designated as acounterclaim;

(a)(4)an answer to a crossclaim;

(a)(5)a third‑party complaint;

(a)(6)an answer to a third‑party complaint; and

(a)(7)a reply to an answer if ordered by the court.

(b) Motions. Arequest for an order must be made by motion. The motion must be in writingunless made during a hearing or trial, must state the relief requested, andmust state the grounds for the relief requested. Except for the following, amotion must be made in accordance with this rule.

(b)(1)A motion, other than a motion described in paragraphs (b)(2),(b)(3) or (b)(4), made in proceedings before a court commissioner must followRule101.

(b)(2)A request under Rule26for extraordinary discovery must follow Rule 37(a).

(b)(3)A request under Rule 37 fora protective order or for an order compelling disclosure or discovery?but not amotion for sanctions?must follow Rule 37(a).

(b)(4)A request under Rule 45 toquash a subpoena must follow Rule 37(a).

(b)(5)A motion for summary judgment must follow the procedures of this rule assupplemented by the requirements of Rule 56.

(c) Name and content of motion.

(c)(1)The rules governing captions and other matters of form in pleadings apply tomotions and other papers. The moving party must title the motion substantiallyas: ?Motion [short phrase describing the relief requested].? The motion mustinclude the supporting memorandum. The motion must include under appropriateheadings and in the following order:

(c)(1)(A)a concise statement of the relief requested and thegrounds for the relief requested; and

(c)(1)(B)one or more sections that include a concise statementof the relevant facts claimed by the moving party and argument citing authorityfor the relief requested.

(c)(2)If the moving party cites documents, interrogatory answers, depositiontestimony, or other discovery materials, relevant portions of those materialsmust be attached to or submitted with the motion.

(c)(3)If the motion is for relief authorized by Rule 12(b) or 12(c),Rule56 orRule65A,the motion may not exceed 25 pages, not counting the attachments, unless alonger motion is permitted by the court. Other motions may not exceed 15 pages,not counting the attachments, unless a longer motion is permitted by the court.

(d) Name and content of memorandumopposing the motion.

(d)(1)A nonmoving party may file a memorandum opposing the motion within 14 daysafter the motion is filed. The nonmoving party must title the memorandumsubstantially as: ?Memorandum opposing motion [short phrase describing therelief requested].? The memorandum must include under appropriate headings andin the following order:

(d)(1)(A)a concise statement of the party?s preferred dispositionof the motion and the grounds supporting that disposition;

(d)(1)(B)one or more sections that include a concise statementof the relevant facts claimed by the nonmoving party and argument citingauthority for that disposition; and

(d)(1)(C)objections to evidence in the motion, citing authorityfor the objection.

(d)(2)If the non-moving party cites documents, interrogatory answers, depositiontestimony, or other discovery materials, relevant portions of those materialsmust be attached to or submitted with the memorandum.

(d)(3)If the motion is for relief authorized by Rule 12(b) or 12(c),Rule56 orRule65A,the memorandum opposing the motion may not exceed 25 pages, not counting theattachments, unless a longer memorandum is permitted by the court. Otheropposing memoranda may not exceed 15 pages, not counting the attachments,unless a longer memorandum is permitted by the court.

(e) Name and content of replymemorandum.

(e)(1)Within 7 days after the memorandum opposing the motion is filed, the movingparty may file a reply memorandum, which must be limited to rebuttal of newmatters raised in the memorandum opposing the motion. The moving party musttitle the memorandum substantially as ?Reply memorandum supporting motion[short phrase describing the relief requested].? The memorandum must includeunder appropriate headings and in the following order:

(e)(1)(A)a concise statement of the new matter raised in thememorandum opposing the motion;

(e)(1)(B)one or more sections that include a concise statement of the relevant factsclaimed by the moving party not previously set forth that respond to theopposing party?s statement of facts and argument citing authority rebutting thenew matter;

(e)(1)(C)objections to evidence in the memorandum opposing themotion, citing authority for the objection; and

(e)(1)(D)response to objections made in the memorandum opposingthe motion, citing authority for the response.

(e)(2)If the moving party cites documents, interrogatory answers, depositiontestimony, or other discovery materials, relevant portions of those materialsmust be attached to or submitted with the memorandum.

(e)(3)If the motion is for relief authorized by Rule 12(b) or 12(c),Rule56 orRule65A,the reply memorandum may not exceed 15 pages, not counting the attachments,unless a longer memorandum is permitted by the court. Other reply memoranda maynot exceed 10 pages, not counting the attachments, unless a longer memorandumis permitted by the court.

(f) Objectionto evidence in the reply memorandum; response. If the reply memorandum includes an objection toevidence, the nonmoving party may file a response to the objection no laterthan 7 days after the reply memorandum is filed. If the reply memorandumincludes evidence not previously set forth, the nonmoving party may file anobjection to the evidence no later than 7 days after the reply memorandum isfiled, and the moving party may file a response to the objection no later than7 days after the objection is filed. The objection or response may not be morethan 3 pages.

(g) Request to submit for decision.When briefing is complete or the time for briefing has expired, either party mayfile a ?Request to Submit for Decision,? but, if no party files a request, themotion will not be submitted for decision. The request to submit for decisionmust state whether a hearing has been requested and the dates on which thefollowing documents were filed:

(g)(1)the motion;

(g)(2)the memorandum opposing the motion, if any;

(g)(3)the reply memorandum, if any; and

(g)(4)the response to objections in the reply memorandum, ifany.

(h) Hearings. Thecourt may hold a hearing on any motion. A party may request a hearing in themotion, in a memorandum or in the request to submit for decision. A request forhearing must be separately identified in the caption of the document containingthe request. The court must grant a request for a hearing on a motion underRule56 ora motion that would dispose of the action or any claim or defense in the actionunless the court finds that the motion or opposition to the motion is frivolousor the issue has been authoritatively decided.

(i) Notice of supplemental authority. Aparty may file notice of citation to significant authority that comes to theparty?s attention after the party's motion or memorandum has been filed orafter oral argument but before decision. The notice may not exceed 2 pages. Thenotice must state the citation to the authority, the page of the motion ormemorandum or the point orally argued to which the authority applies, and thereason the authority is relevant. Any other party may promptly file a response,but the court may act on the motion without waiting for a response. Theresponse may not exceed 2 pages.

(j) Orders.

(j)(1)Decision complete when signed; entered when recorded.However designated, the court?s decision on a motion is complete when signed bythe judge. The decision is entered when recorded in the docket.

(j)(2)Preparing and serving a proposed order. Within 14 days of beingdirected by the court to prepare a proposed order confirming the court?sdecision, a party must serve the proposed order on the other parties for reviewand approval as to form. If the party directed to prepare a proposed orderfails to timely serve the order, any other party may prepare a proposed orderconfirming the court?s decision and serve the proposed order on the otherparties for review and approval as to form.

(j)(3)Effect of approval as to form. A party?s approval as toform of a proposed order certifies that the proposed order accurately reflectsthe court?s decision. Approval as to form does not waive objections to thesubstance of the order.

(j)(4)Objecting to a proposed order. A party may object to theform of the proposed order by filing an objection within 7 days after the orderis served.

(j)(5)Filing proposed order. The party preparing a proposed ordermust file it:

(j)(5)(A)after all other parties have approved the form of theorder (The party preparing the proposed order must indicate the means by which approvalwas received: in person; by telephone; by signature; by email; etc.);

(j)(5)(B)after the time to object to the form of the order hasexpired (The party preparing the proposed order must also file a certificate ofservice of the proposed order.); or

(j)(5)(C)within 7 days after a party has objected to the formof the order (The party preparing the proposed order may also file a responseto the objection.).

(j)(6)Proposed order before decision prohibited; exceptions. Aparty may not file a proposed order concurrently with a motion or a memorandumor a request to submit for decision, but a proposed order must be filed with:

(j)(6)(A)a stipulated motion;

(j)(6)(B)a motion that can be acted on without waiting for aresponse;

(j)(6)(C)an ex parte motion;

(j)(6)(D)a statement of discovery issues under Rule37(a);and

(j)(6)(E)the request to submit for decision a motion in which amemorandum opposing the motion has not been filed.

(j)(7)Orders entered without a response; ex parte orders. Anorder entered on a motion under paragraph (l) or (m) can be vacated or modifiedby the judge who made it with or without notice.

(j)(8)Order to pay money. An order to pay money can be enforced in thesame manner as if it were a judgment.

(k) Stipulated motions. Aparty seeking relief that has been agreed to by the other parties may file astipulated motion which must:

(k)(1)be titled substantially as: ?Stipulated motion [shortphrase describing the relief requested]?;

(k)(2)include a concise statement of the relief requested and the grounds for therelief requested;

(k)(3)include a signed stipulation in or attached to themotion and;

(k)(4)be accompanied by a request to submit for decision anda proposed order that has been approved by the other parties.

(l) Motions that may be acted on withoutwaiting for a response.

(l)(1)The court may act on the following motions without waiting for a response:

(l)(1)(A)motion to permit an over‑length motion ormemorandum;

(l)(1)(B)motion for an extension of time if filed before theexpiration of time;

(l)(1)(C)motion to appear pro hacvice; and

(l)(1)(D)other similar motions.

(l)(2)A motion that can be acted on without waiting for a response must:

(l)(2)(A)be titled as a regular motion;

(l)(2)(B)include a concise statement of the relief requestedand the grounds for the relief requested;

(l)(2)(C)cite the statute or rule authorizing the motion to beacted on without waiting for a response; and

(l)(2)(D)be accompanied by a request to submit for decision anda proposed order.

(m) Ex parte motions. Ifa statute or rule permits a motion to be filed without serving the motion onthe other parties, the party seeking relief may file an ex parte motion whichmust:

(m)(1)be titled substantially as: ?Ex parte motion [shortphrase describing the relief requested]?;

(m)(2)include a concise statement of the relief requested and the grounds for therelief requested;

(m)(3)cite the statute or rule authorizing the ex parte motion;

(m)(4)be accompanied by a request to submit for decision anda proposed order.

(n) Motion in opposing memorandum orreply memorandum prohibited. A party may not make amotion in a memorandum opposing a motion or in a reply memorandum. A party whoobjects to evidence in another party?s motion or memorandum may not move tostrike that evidence. Instead, the party must include in the subsequentmemorandum an objection to the evidence.

(o) Overlength motion or memorandum. Thecourt may permit a party to file an overlength motion or memorandum upon ashowing of good cause. An overlength motion or memorandum must include a tableof contents and a table of authorities with page references.

(p) Limited statement of facts andauthority. No statement of facts and legal authorities beyond theconcise statement of the relief requested and the grounds for the reliefrequested required in paragraph (c) is required for the following motions:

(p)(1)motion to allow an over-length motion or memorandum;

(p)(2)motion to extend the time to perform an act, if themotion is filed before the time to perform the act has expired;

(p)(3)motion to continue a hearing;

(p)(4)motion to appoint a guardian ad litem;

(p)(5)motion to substitute parties;

(p)(6)motion to refer the action to or withdraw it fromalternative dispute resolution under Rule 4-510.05;

(p)(7)motion for a conference under Rule16;and

(p)(8)motion to approve a stipulation of the parties.

(q) Limit on order to show cause. Anapplication to the court for an order to show cause shall be made only forenforcement of an existing order or for sanctions for violating an existingorder. An application for an order to show cause must be supported by anaffidavit sufficient to show cause to believe a party has violated a courtorder. Nothing in this rule is intended to limit or alter the inherent power ofthe court to initiate order to show cause proceedings to assess whether casesshould be dismissed for failure to prosecute or to otherwise manage the court?sdocket.

AdvisoryCommittee Notes

 

EffectiveMay 1, 2017