Rule 27: Motions
(a) Content of Motions. Unless another form is required by these Rules, an application for relief shall be made by filing a motion, with proof of service (See Rule 25(c) (Manner and Proof of Service)) on all other parties. The motion shall-
(1) contain or be accompanied by any material required by any of the Rules governing such a motion;
(2) state with particularity the specific grounds on which it is based;
(3) describe the relief sought;
(4) not be accompanied by a proposed implementing order; and,
(5) if the appellant is represented, indicate whether the motion is opposed and, if so, whether the moving party has been advised that a response in opposition will be filed.
(b) Response or Opposition.
(1) Time to file. Unless otherwise prescribed in these Rules (See, e.g., Rule 26(b)(2) (Computation and Extension of Time-Opposition)), any party may file a response or opposition to a motion not later than 14 days after service of the motion, however, the Court may act on motions authorized by Rule 8 (Suspension of Secretarial Action Or Suspension of Precedential Effect of Decision of This Court) after reasonable notice of the motion has been provided to all parties. The Court may shorten or extend the time for responding to any motion.
(2) Form of opposition. Unless the Court orders otherwise, an opposition to a motion shall be filed by an opposing party in writing, and a motion will be considered unopposed if such an opposition is not filed.
(c) Motions for Procedural Orders. Notwithstanding subsection (a) and except as provided in the next sentence, the Court may act upon motions for procedural orders at any time without awaiting a response, and, by rule or order of the Court, the Clerk may dispose of motions for certain procedural orders. The Clerk may act on motions to extend time for good cause (but not for extraordinary circumstances) if the motion is not opposed within 5 days after service on the other party. See Rule 26(b)(2) (Computation and Extension of Time-Opposition). Any party who may be adversely affected by the action may, by motion, request that the Court reconsider, vacate, or modify the action not later than 10 days after the action is announced.
(d) Form and Length. Except by permission of the Court,
(1) a motion or response may not exceed 10 pages, and
(2) the form requirements in Rule 32 (Form of Briefs, Appendices and other Documents) for principal briefs apply to motions and responses. See also Rule 6 (Protection of Privacy) and Rule 37 (Retention Requirements for Documents).
(e) Prohibited Nondispositive Motions. Except as permitted by Rules 26(d) (Combined Motions Prohibited) and 35(a)(1) (Motion for Reconsideration, Panel Decision, or Full Court Review-Motion for Reconsideration-Permitted), no more than one subject may be addressed in any nondispositive motion. The Clerk will return any motion that violates this subsection.
(f) Effect of Motions. Filing a motion does not suspend proceedings or otherwise alter the schedule for filing documents unless the Court grants the motion. See Rules 5(b) (Effect of Stay) and 26(b)(3) (Effect of Motion).Back