Rule 78. Motion Day

Unless local conditions make it impracticable, each district 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; but 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.

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.

(As amended Mar. 2, 1987, eff. Aug. 1, 1987.)

Notes of Advisory Committee on Rules-1937

Compare [former] Equity Rule 6 (Motion Day) with the first paragraph of this rule. The second paragraph authorizes a procedure found helpful for the expedition of business in some of the Federal and State courts. See Rule 43(e) of these rules dealing with evidence on motions. Compare Civil Practice Rules of the Municipal Court of Chicago (1935), Rules 269, 270, 271.

Notes of Advisory Committee on Rules-1987 Amendment

The amendment is technical. No substantive change is intended.

Federal Rules of Criminal Procedure

Motions, see rules 45, 47, 49, Title 18, Appendix, Crimes and Criminal Procedure.

Cross References

Local rules not to be inconsistent with these rules, see rule 83.

Motions and other papers, see rule 7.

Service of affidavits in support of and in opposition to motions, see rule 6.

Time for noticing motions, see rule 6.

Use of affidavits on motions, see rule 43.