A motion is a written request asking this Court to take some action or to issue a specific ruling or order. The written motion is the only way to make this kind of request. Each motion must be a separate document and cannot be filed in the body of a brief. See Rule 41. Do not put two motions in one document, or your “compound” or “joint motion” will be returned to you. There is no deadline for the Court to decide a motion. Motions should be filed as soon as possible. The most common motions are for an extension of time to file a brief and for reconsideration of a decision (See Forms 5-7).
A. MOTION FOR EXTENSION OF TIME TO FILE A BRIEF
Motions to ask the court for more time to file your brief may be filed with the Court and must be submitted on or before the deadline for filing the brief. The motion must explain why you want more time and that you have made a good faith (honest and diligent) effort to meet the initial deadline. The motion should state how many extra days you want (usually less than 30 days) and, if possible, whether the other party objects to an extension. See Rule 16 and Form 5.
B. MOTION TO SUPPLEMENT THE RECORD
You may file a motion to supplement (add to) the appellate record with material that was filed in the trial court but left out of the appellate record. You must describe the material you want to add, its title, and the date it was filed in the trial court. The supplemental material should not be attached to the motion. This Court will not grant a motion to add material that was not filed in the trial court. See Rule 41 (c) and Form 7.
C. REQUEST TO ARGUE
If you want to argue your case in person to the three judges assigned to it, you must file a request for oral argument within 20 days of the docketing notice. The motion must explain why oral argument would benefit the Court. The Court only grants oral argument in a small number of cases.
The Court will send each party an order granting or denying the oral argument request. If the Court grants oral argument, both sides may argue, and if you change your mind and do not want to argue in person, you must notify the Court. The other side may still argue, even if you do not. Each party generally has 15 minutes to present an argument to the Court. The Court does not hear oral arguments for applications or motions. See Rule 28, Form 8.
D. MOTION FOR RECONSIDERATION
A motion for reconsideration is a request for this Court to change its decision on an order or opinion. Motions for reconsideration must be physically received in the Clerk’s Office within 10 days of the date the order or opinion was issued, unless the Court sets a shorter time period. See Rule 37 (b). Motions for reconsideration must be formatted according to Rule 24. See Form 6.
A motion for reconsideration will be granted only when the Court either (1) overlooked an important fact in the record, a statute, or an earlier case that controls the outcome and would require a different judgment, or (2) erroneously construed or misapplied a law or statute. See Rule 37 (e). The Court will not accept for filing a second motion for reconsideration unless you first file and are granted a motion asking the Court to allow you to file one. See Rule 37 (d).