Table of Contents

A. Form of motion

Every motion or other document filed with the court, other than documents offered in evidence, shall be on 8 ½" x 11" paper, or in an electronic or digital manner approved by the court, and shall have a heading which includes the name, division and county of the court, the docket number, the title of the action and a designation of the nature of the motion or document. Every such motion or document shall set forth the name, address, telephone number and email address of the attorney or pro se party filing it, the Board of Bar Overseers registration number of the attorney, and the date on which the motion or other document was filed with the court.

B. Requirement of affidavit

Unless a motion, other than a motion to dismiss as provided in paragraph C, is made during a hearing or trial, any request for a court order shall be made by written motion accompanied by an affidavit signed by the person with personal knowledge of the factual basis of the motion, and shall state with particularity the grounds therefor, and shall set forth the relief or order sought, provided however, that the following types of motions are not required to be accompanied by an affidavit: motions in limine, motions to strike, motions for discovery, motions for appointment of appellate counsel, motions to correct a name on the petition and motions for continuance or change of court date. Whenever a motion is supported by an affidavit or memorandum, the affidavit or memorandum shall be served with the motion.

C. Motions to dismiss

All motions to dismiss shall be in writing accompanied by an affidavit signed by the person with personal knowledge of the factual basis of the motion and shall state with particularity the grounds therefor.

D. Notice

All motions other than those which do not require a hearing shall be scheduled by the court in accordance with procedures established by the court division. A written motion, other than one that may be heard ex parte, and notice of the hearing of the motion, shall be served pursuant to paragraph E of this rule, no later than seven days prior to the hearing. When service is made by mail, the motion and notice of the hearing shall be served no later than ten days prior to the hearing. An application for ex parte relief from the seven day notice requirement shall be made by motion for a short order of notice and supported by affidavit setting forth the nature of the emergency.

E. Manner of service

Every motion, except an ex parte motion, or document filed in court shall be served by the attorney or party filing it by mailing or delivering a copy or electronically in accordance with court procedure, to each attorney of record, and each party appearing pro se.

Downloads for Rules for the Care and Protection of Children: Rule 7. Service and form of papers