Rule 11 . Motions: Procedure for making motions; affidavits; renewal, rehearing of motions.

(a) All motions shall contain proof of the service of the same. (b) A party filing a motion shall also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious and cause for its denial or as a waiver of all grounds not so supported. (c) Within 10 days after the service of the motion, the opposing party shall serve and file a written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied. Failure of the opposing party to serve and file a written opposition may be construed as an admission that the motion is meritorious and a consent to granting the same. (d) The moving party may serve and file reply points and authorities within 5 days after service of the answering points and authorities. Upon the expiration of the 5-day period, either party may notify the calendar clerk to submit the matter for decision by filing and serving all parties with a written request for submission of the motion. Proof of service shall be filed in the action. (e) The affidavits to be used by either party shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains and shall be served and filed with the motion, or opposition to which it relates. Affidavits shall contain only factual, evidentiary matter, shall conform with the requirements of NRCP 56 (e), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part. (f) Factual contentions involved in any pretrial or post-trial motion shall be initially presented and heard upon affidavits

to which it relates. Affidavits shall contain only factual, evidentiary matter, shall conform with the requirements of NRCP 56 (e), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part. (f) Factual contentions involved in any pretrial or post-trial motion shall be initially presented and heard upon affidavits. Oral testimony may be received at a hearing with the approval of the court, or the court may set the matter for a hearing at a time in the future and allow oral examination of the affiants to resolve factual issues shown by the affidavits to be in dispute. (g) No motion once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court. (h) Decision shall be rendered without oral argument unless oral argument is ordered by the court, in which event the individual court department shall set a date and time for hearing. (i) All discovery motions shall include the certificate of moving counsel certifying that after consultation with opposing counsel, they have been unable to resolve the matter. (j) Except by leave of the court, all motions for summary judgment must be submitted to the court at least 30 days prior to the date the case is set for trial. (k) If a motion for rehearing is granted, the court may make a final disposition of the cause without argument, or may restore it to the calendar for argument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.