Rule 5.502 - Motion, opposition, countermotion, and reply submission and setting(a) Except as otherwise provided by other rule, statute, or court order, all motions must contain the following notice on the first page directly below the case caption: NOTICE: YOU MAY FILE A WRITTEN RESPONSE TO THIS MOTION WITH THE CLERK OF THE COURT AND PROVIDE THE UNDERSIGNED WITH A COPY OF YOUR RESPONSE WITHIN 14 DAYS OF YOUR RECEIPT OF THIS MOTION. FAILURE TO FILE A WRITTEN RESPONSE WITH THE CLERK OF THE COURT WITHIN 14 DAYS OF YOUR RECEIPT OF THIS MOTION MAY RESULT IN THE REQUESTED RELIEF BEING GRANTED BY THE COURT WITHOUT A HEARING PRIOR TO THE SCHEDULED HEARING DATE.
(b) All motions must be set on a day when the judge to whom the case is assigned is hearing civil domestic motions and not less than 35 days from the date the motion is filed.(c) Within 14 days after service of the motion, the opposing party may file and serve a written opposition, with or without a countermotion, together with a memorandum of points and authorities and supporting affidavits, if any, addressing the subject matter of the motion.(d) A timely countermotion will be heard and decided at the same time set for the hearing of the original motion and no separate notice of motion is required.(e) Request for submission. (1) If no opposition to a motion is filed within 14 days of service, the movant may file and contemporaneously serve a request for submission.(2) A request for submission must be accompanied by a proposed order.(3) If the nonmovant does not file an opposition to the motion within 3 days of service of the request for submission (or 7 days if the request for submission was served by mail), the court may grant all or any part of the motion without a hearing.(f) The party filing the initial motion may file a reply memorandum of points and authorities not later than 7 days after service of the opposition. Absent leave or direction of the court, no reply to an opposition to a countermotion shall be filed.(g) If all the family division judges in this district are disqualified from hearing a case, a notice of motion must state: "Please take notice that the undersigned will bring the above motion for hearing before a visiting or senior judge at such time as shall be prescribed by the court administrator."(h) The first page of each motion, opposition (whether or not the opposition includes a countermotion), or reply shall include an option for the submitting party to request an oral argument hearing and, if desired, an option for requesting that the court schedule an in-person hearing. If the motion, opposition, and/or reply did not request an oral argument hearing, the clerk shall set the matter on the court's chamber calendar; if one or more of those submissions requested an oral argument hearing, the clerk shall set the matter on the court's hearing calendar.Added effective 1/27/2017; amended effective 6/10/2022.