These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.
This publication contains the rules and all amendments thereto made through October 31, 2013.
XVII. MOTIONS AND RESPONSES
Rule 41. Preparation and Filing.
(a) Filing in Triplicate.
Motions and responses to motions shall be filed as an original and two copies as set out in Rule 6. Motions, not letters, shall be filed whenever counsel wish the Court to take any action.
(b) Form and Physical Preparation.
All motions and responses to motions shall be filed as separate documents, and shall not be filed as joint, compound or alternative motions. No motions or responses to motions shall be filed in the body of briefs, applications, or responses to applications. Motions and responses shall be prepared in accordance with Rule 24. Parties may cite to the record, but shall not attach to the motion or response to a motion exhibits that are included in the trial court record. Failure to comply with this rule may result in non-consideration of such motions or responses.
(c) Motion to Supplement the Record.
In a motion to supplement the record, counsel shall describe the material to be supplemented; but shall not attach the supplemental materials to the motion filed with the Court unless directed to do so by the Court. If the motion is granted, the Clerk of Court will obtain the supplemental record from the trial court clerk.
(d) Motion to Dismiss.
Notice of a motion to dismiss and of the grounds thereof shall be given in writing to counsel for the appellant by service made and shown as required in Rule 6. If such notice cannot be given, the motion shall be entertained and the Court in its discretion shall give such direction as may seem proper. Whenever it appears the Court has no jurisdiction of a pending appeal, it shall be dismissed or transferred to the Supreme Court, as the facts and/or law require.
(e) Response Time to Motions.
Responses to motions should be made as soon as possible since the Court generally acts on motions quickly. There is no 10 day rule for time to respond to motions.
See Rule 37.
(g) Motion to Withdraw Appeal.
- Whenever appellant decides not to pursue an appeal, such party shall promptly file a motion for permission to withdraw the appeal.
- In a criminal case, unless the state is the appellant, the motion shall include an affidavit from defendant agreeing to the withdrawal of the appeal. Should the defendant refuse to provide such affidavit, that fact shall be made known to the Court and the grounds for the withdrawal of the appeal shall be stated in the motion.