(a)Motions. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state the grounds therefor, including a concise statement of the facts and law relied on, and shall set forth the relief or order sought. It may be supported by affidavit.(b)Disposition of Written Motions With or Without Argument.(1)Memorandum in Opposition. Any party opposed to the granting of a written motion shall file a memorandum in opposition thereto, not more than 14 days after service of the motion, unless otherwise ordered by the court. Any party may file a reply to a memorandum in opposition within 14 days after service of the memorandum. The court may also allow a surreply memorandum if the memorandum would assist in clarifying the issues, particularly where the party seeking to file the memorandum is addressing newly raised factual or legal arguments by the opposing party. If a memorandum in opposition is not timely filed when required under this rule, the court may dispose of the motion without the memorandum.(2)Affidavits on Motions. When a motion is supported by affidavit, the affidavit shall be served with the motion. Opposing affidavits may be served with the reply or surreply, unless the court permits them to be served at some other time.(3)Oral Argument in the Discretion of the Court. Unless otherwise required by these rules, oral argument shall be deemed waived unless requested by an interested party or required by the court. In any case, the court may dispose of the motion without argument.(c)Findings. When factual issues are involved in determining a motion, the court shall state its essential findings on the record or in writing.Amended Dec. 19, 1973, eff. 1/1/1974; Dec. 8, 1981, eff. 3/1/1982; amended Sept. 20, 2017, eff. 1/1/2018; amended October 10, 2023,, eff. 1/1/2024.Reporter's Notes-2018
Amendment Rule 47(b)(1) is amended to conform its 10-day time period to the contemporaneously amendment of V.R.Cr.P. 45, which adopts the "day is a day" standard for the computation of the running of time periods in criminal cases.
Reporter's Notes-2024 Amendment
Rule 47(b)(1) is amended to authorize the filing of reply memoranda in response to memoranda that has been filed in opposition to a motion. The amendment is intended to clarify that replies (and surreplies) are permitted, and to prescribe the manner and timing of filing of such. Reply memoranda have long been authorized in Civil Division practice formerly under V.R.C.P. 78(b)(1), until its abrogation in 2021, and now under V.R.C.P. 7(b).
Paragraph 47(b)(2) is added to incorporate the provisions of former V.R.Cr.P. 45(d), and to address the manner and timing of filing of affidavits accompanying memoranda on motions, in the more pertinent governing rule.
Subdivision 47(c) is amended to provide that the court may state essential findings in writing, as an alternative to statement on the record, when factual issues are involved in determining a motion.