Rule 7. PLEADINGS ALLOWED: FORM OF MOTIONS

(a) Pleadings. There shall be a complaint and an answer, and a disclosure

under oath, if trustee process is used; and there shall be a reply to a

counterclaim denominated as such; an answer to a cross-claim, if the answer

contains a cross-claim denominated as such; a third-party complaint, if a

person who was not an original party is summoned under Rule 14; and there

shall be a third-party answer, if a third-party complaint is served. No other

pleading shall be allowed, except that the court may order a reply to an answer

or a third-party answer.

(b) Motions and Other Papers.

(1) An application to the court for an order shall be by motion

which, unless made during a hearing or trial or under Rule 26(g), shall be made

in writing, shall state with particularity the grounds therefor and the rule or

statute invoked if the motion is brought pursuant to a rule or statute, and shall

set forth the relief or order sought.

(A) Any motion except a motion that may be heard ex parte shall

include a notice that matter in opposition to the motion pursuant to

subdivision (c) of this rule must be filed not later than 21 days after the

filing of the motion unless another time is provided by these Rules or set

by the court. The notice shall also state that failure to file timely

opposition will be deemed a waiver of all objections to the motion, which

may be granted without further notice or hearing. If the notice is not

included in the motion, the opposing party may be heard even though

matter in opposition has not been timely filed.

(B) In addition to the notice required to be filed by subparagraph

he court. The notice shall also state that failure to file timely

opposition will be deemed a waiver of all objections to the motion, which

may be granted without further notice or hearing. If the notice is not

included in the motion, the opposing party may be heard even though

matter in opposition has not been timely filed.

(B) In addition to the notice required to be filed by subparagraph

(1)(A) of this subdivision, a motion for summary judgment served on a

party shall include a notice (i) that opposition to the motion must comply

with the requirements of Rule 56(h) including specific responses to each

numbered statement in the moving party’s statement of material facts,

with citations to points in the record or in affidavits filed to support the

opposition; and (ii) that not complying with Rule 56(h) in opposing the

motion may result in entry of judgment without hearing.

(C) A pre-judgment motion to decide a case on the merits, pursuant

to Rule 12(b)(6), 12(c), or Rule 56, and a post-judgment motion for relief,

to modify, to reconsider, to enforce by contempt, for a new trial, or for a

stay, pursuant to Rules 59, 60(b), 62, 66, or 80(k) shall be accompanied

by a fee set in the Court Fees Schedule which shall be paid when the

motion is filed. A pre-judgment motion to decide a case based on res

judicata or any defense that is addressed in Rule 12 (b) (1), (2), (3), (4),

or (5), is not subject to payment of a fee.

(2) The rules applicable to captions, signing, and other matters of

form of pleadings apply to all motions and other papers provided for by these

rules.

Court Fees Schedule which shall be paid when the

motion is filed. A pre-judgment motion to decide a case based on res

judicata or any defense that is addressed in Rule 12 (b) (1), (2), (3), (4),

or (5), is not subject to payment of a fee.

(2) The rules applicable to captions, signing, and other matters of

form of pleadings apply to all motions and other papers provided for by these

rules.

(3) Any party filing a motion, except motions for enlargement of

time to act under these rules, for continuance of trial or hearing, or any motion

agreed to in writing by all counsel, shall file with the motion or incorporate

within said motion (1) a memorandum of law which shall include citations of

supporting authorities, (2) a draft order which grants the motion and

specifically states the relief to be granted by the motion, and (3) unless the

motion may be heard ex parte, a notice of hearing if a hearing date is available.

When a motion is supported by affidavit, the affidavit shall be served with the

motion.

(4) Any party filing a motion for enlargement of time to act under

these rules or for continuance of trial or hearing, shall include in the motion a

statement that (1) the motion is opposed; or (2) the motion can be presented

without objection; or (3) after reasonable efforts, which shall be indicated, the

position of an opposing party regarding the motion cannot be determined.

(5) Motions for reconsideration of an order shall not be filed unless

required to bring to the court’s attention an error, omission or new material

that could not previously have been presented. The court may in its discretion

deny a motion for reconsideration without hearing and before opposition is

filed.

(6) If a motion is pursued or opposed in circumstances where the

moving or opposing party does not have a reasonable basis for that party’s

position, the court, upon motion or its own initiative, may impose the sanctions

provided by Rule 11 upon the party, the party’s attorney, or both.

may in its discretion

deny a motion for reconsideration without hearing and before opposition is

filed.

(6) If a motion is pursued or opposed in circumstances where the

moving or opposing party does not have a reasonable basis for that party’s

position, the court, upon motion or its own initiative, may impose the sanctions

provided by Rule 11 upon the party, the party’s attorney, or both.

(7) Except as otherwise provided by law or these rules, after the

opposition is filed the court may in its discretion rule on the motion without

hearing. The fact that a motion is not opposed does not assure that the

requested relief will be granted.

(c) Opposition to Motions.

(1) Any party opposing a motion that was filed prior to or

simultaneously with the filing of the complaint shall file a memorandum and

any supporting affidavits or other documents in opposition to the motion not

later than the time for answer to the complaint, unless another time is set by

the court.

(2) Any party opposing any other motion shall file a memorandum

and any supporting affidavits or other documents in opposition to the motion

not later than 21 days after the filing of the motion, unless another time is set

by the court.

(3) A party failing to file a timely memorandum in opposition to a

motion shall be deemed to have waived all objections to the motion.

(d) In addition to the requirements of this rule, motions for summary

judgment are subject to the requirements of Rule 56.

(e) Reply Memorandum. Within 14 days after the filing of any

memorandum in opposition to a motion, or, if a hearing has been scheduled, not

less than 2 days before the hearing, whichever date is earlier, the moving party

may file a reply memorandum, which shall be strictly confined to replying to

new matter raised in the opposing memorandum.

gment are subject to the requirements of Rule 56.

(e) Reply Memorandum. Within 14 days after the filing of any

memorandum in opposition to a motion, or, if a hearing has been scheduled, not

less than 2 days before the hearing, whichever date is earlier, the moving party

may file a reply memorandum, which shall be strictly confined to replying to

new matter raised in the opposing memorandum.

(f) Form and Length of Memoranda of Law. All memoranda must

comport with the specifications set forth in Rule 5(i) above. Except by prior

leave of court, no memorandum of law in support of or in opposition to a

nondispositive motion shall exceed 10 pages. Except by prior leave of court, no

memorandum of law in support of or in opposition to a motion to dismiss, a

motion for judgment on the pleadings, a motion for summary judgment, or a

motion for injunctive relief shall exceed 20 pages. No reply memorandum shall

exceed 7 pages.

(g) The use of telephone or video conference calls for conferences and

non-testimonial hearings is encouraged. The court on its own motion, or upon

request of a party, may order conferences or non-testimonial hearings to be

conducted by telephone conference calls or with the use of video conference

equipment. The court shall determine the party or parties responsible for the

initiation and expenses of a telephone or video conference or non-testimonial

hearing.