| IX. GENERAL PROVISIONS > Rule 47. | Prev | Next |
|
Rule 47. Motions and Supporting Affidavits A party applying to the court for an order must do so by motion. (b) Form and Content of a Motion. A motion -- except when made during a trial or hearing -- must be in writing, unless the court permits the party to make the motion by other means. A motion must state the grounds on which it is based and the relief or order sought. A motion may be supported by affidavit. A party must serve a written motion -- other than one that the court may hear ex parte -- and any hearing notice at least 5 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application. (d) Affidavit Supporting a Motion. The moving party must serve any supporting affidavit with the motion. A responding party must serve any opposing affidavit at least one day before the hearing, unless the court permits later service. (As amended Apr. 29, 2002, eff. Dec. 1, 2002.) |
Notes Law About ... Criminal Procedure |
| Prev | Next |