§ Rule 1.6 Motions

Rule 1.6. Motions

(a) Motion and Response. All motions shall contain a brief statement of relevant facts, the relief requested, and the applicable law. No separate brief in support of a motion will be accepted for filing. The motion and response shall be duplicated on letter-size 8- 1/2 ” x 11” white paper, and an original and ten copies shall be filed.

A response shall be filed within fifteen (15) days of filing of the following motions: (1) Motion to stay or suspend a judgment; (2) Motion to dismiss an appeal on jurisdictional grounds;

(3) Motion for attorney's fees; and (4) Motion for judgment on supersedeas bond. No response to any other motion is necessary unless otherwise provided by Rule or Order of this Court.

Where the facts relied upon are not of record in the Supreme Court, the motion or response shall be supported by affidavit.

When the Court deems appropriate it may deny a motion or application without a response from opposing counsel.

(b) Motion to Extend Time. Motions for extension of time are not favored and are not routinely granted. If the requirements of filing are met and specific good cause is shown, one extension of no more then twenty (20) days may be granted to file a brief or response to a petition. One extension of no more than thirty (30) days may be granted to complete a record for an appeal. Granting additional time rests in the sound discretion of the Court.Rule 1.13 governs an extension of time to file a petition for rehearing.

Briefing time is automatically suspended during pendency of a motion to dismiss an appeal. A motion to dismiss does not extend time for completing the record for appeal. Settlement Conferences or negotiations do not extend any time limits.

A motion to extend time must:

1. Be filed prior to the terminal date.

2. Be mailed to opposing counsel and no oral or letter requests will be considered.

3. Include the following information:

(a) The due date which the applicant wishes to extend.

(b) The specific reason why with due diligence it is impossible to file timely. Press of business or the equivalent is not good cause. A general statement that the motion is not for delay or that the cause is complex will not suffice. Motions for time to complete a record on appeal must clearly state the dates on which the designation was filed, the designation was delivered to the court reporter, and costs for the transcripts were paid to the court reporter. See Rule 1.34(g).

(c) The amount of time requested. The request should be limited to the minimum time necessary to overcome the cause for delay.

(d) Whether there have been prior delays or extensions granted during the course of appeal.

(1) Grounds for Dismissal. The Court may dismiss an appeal, counter-appeal or cross appeal either on its own motion or on the motion of the parties at any stage of the appellate process.

An appeal may be dismissed because of untimeliness of the appeal, absence of an appealable order, mootness, waiver, abandonment or acquiescence in the judgment, failure to comply with these rules or order of the Court, or other grounds deemed appropriate by the Court. An alleged absence of substantive merit will not be regarded by the Court as grounds for dismissal on motion but may be raised in the brief of a party for consideration at the decisional stage.

A party bringing an appeal, counter-appeal or cross-appeal may move for dismissal of that appeal at any time prior to the filing of a decision. No grounds need be stated in a motion for a voluntary dismissal.

Any party may seek dismissal of an appeal by motion filed during the preliminary stages of the appellate process or by request for dismissal included in the answer brief. Where a request for dismissal has been included in the answer brief, it will be addressed by the Court at the decisional stage; if the Court omits a discussion of such a request for a dismissal, it will be deemed denied. A motion alleging that the appeal is frivolous, that the trial court's decision was free from error, or any other argument requiring an analysis of the substantive merit of the case will not be considered in advance of the decisional stage of the appeal.

(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing. If a request for dismissal is included in the answer brief, appellant's responsive arguments shall be included in the reply brief. If no response to the motion to dismiss is filed, the Court will consider the matter on the movant's paperwork alone.

Adopted July 10, 1996

Effective January 1, 1997