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Rules



These rules are not intended to reiterate all applicable laws. The word "counsel" throughout these rules also applies to pro se parties.

These rules are effective on January 1, 2017.


XVII. MOTIONS AND RESPONSES

Rule 41. Preparation and Filing.

(a) Filing.

Paper-filed motions and responses to motions shall be filed as set out in Rule 6, Copies and Certificate of Service. Efiled motions and responses shall be filed in accordance with Rule 46, Electronic Filing of Documents. 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 not 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, Preparation of Briefs. Parties may cite to the record, but shall not attach any document to the motion or response. This prohibition does not apply to Rule 40(b) motions that may contain attachments. Failure to comply with this rule may result in non-consideration of the motion or responses.

(c) Motion to Supplement the Record.

In a motion to supplement the record, counsel shall specifically describe the material to be supplemented and include the date the material was filed in the trial court, but shall not attach the supplemental materials to the motion unless directed to do so by the Court. The movant must assist the trial court clerk in locating the material when necessary. If the motion is granted, the Clerk of this Court will obtain the supplemental record from the trial court clerk.

(d) Motion to Dismiss.

Notice of a motion to dismiss and the grounds thereof shall be given in writing to counsel for the appellant by service made and shown as required in Rule 6, Copies and Certificate of Service. If notice cannot be given, the motion shall be entertained and the Court in its discretion shall give direction as it deems proper. If the Court determines that it has no jurisdiction over a pending appeal, the appeal shall be dismissed or transferred to the Supreme Court.

(e) Response Time to Motions.

Responses to motions should be made as soon as possible. There is no 10-day rule for time to respond to motions.

(f) Motion to Reconsider.

See Rule 37, Motions for Reconsideration.

(g) Motion to Withdraw Appeal.

(1) An appellant who decides not to pursue an appeal shall promptly file a motion for permission to withdraw it.

(2) In a criminal case, unless the State is the appellant, the motion shall include an affidavit from the defendant agreeing to the withdrawal of the appeal. Should the defendant refuse to provide an affidavit, counsel shall advise the Court of that fact and state in the motion the grounds for withdrawing the appeal.