§ Rule 7.1 Civil Motion Practice

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > III Pleadings > Rule 7.1 > Rule 7.1

Rule 7.1. Civil Motion Practice

    (a) Formal Requirements. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of a writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

    All motions made before or after trial shall be accompanied by a memorandum indicating, as a minimum, the precise legal points, statutes and authorities relied on, citing the specific portions or pages thereof, and shall be served on the opposing parties. Unless otherwise ordered by the court, affidavits supporting the motion shall be filed and served together with the motion. Each opposing party shall within ten days thereafter serve and file any answering memorandum. Within five days thereafter the moving party may serve and file a memorandum in reply, which shall be directed only to matters raised in the answering memorandum. Affidavits submitted in support of any answering memorandum or memorandum in reply shall be filed and served together with that memorandum, unless the court permits them to be filed and served at some other time. The trial court may in its discretion waive these requirements as to
motions made in open court.

    The time and manner of service shall be noted on all such filings, and shall be governed by Rule 6 of these Rules. If the precise manner in which service has actually been made is not noted on any such filing, it will be conclusively presumed that the filing was served by mail, and the provisions of Rule 6(e) of these Rules shall apply. This conclusive presumption shall only apply if service in some form has actually been made. The time periods specified in this paragraph shall not apply where specific times for motions, affidavits or memoranda are otherwise provided by statute, the Rules of Civil Procedure, or order of court.

    The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by this Rule, and all such motions and other papers shall be signed in accordance with Rule 11.

    (b) Effect of Non-compliance. If a motion does not conform in all substantial respects with the requirements of this rule, or if the opposing party does not serve and file the required answering memorandum, or if counsel for any moving or opposing party fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion, and the court may dispose of the motion summarily.

    (c) Law and Motion Day.

        (1) Unless local conditions make it impracticable, each superior court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of. The judge at any time or place and on such notice, if any, as the judge considers reasonable may make orders for the advancement, conduct, and hearing of actions.

        (2) To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.

    (d) Oral Argument. Oral argument shall be limited, in accordance with local rules, to a prescribed number of minutes, which shall not be exceeded without special permission in advance.

    (e) Motions for Reconsideration. A party seeking reconsideration of a ruling of the court may file a motion for reconsideration. All motions for reconsideration, however denominated, shall be submitted without oral argument and without response or reply, unless the court otherwise directs. No motion for reconsideration shall be granted, however, without the court providing an opportunity for response, a motion authorized by this Rule may not be employed as a substitute for a motion pursuant to Rule 50(b), 52(b), 59 or 60 of these Rules, and shall not operate to extend the time within which a notice of appeal must be filed.