Rule 66-2. Motions

(a) Motions shall be specific and shall not request multiple forms of relief. The motion shall set forth in separate paragraphs appropriately captioned: (1) a brief history of the case; (2) the specific facts upon which the moving party relies; and (3) the legal grounds upon which the moving party relies. Any opposition to a motion shall be filed within ten days after the filing of the motion and shall clearly set forth in separate paragraphs appropriately captioned: (1) the specific facts upon which the opposing party relies, and (2) the legal grounds upon which the opposing party relies. An opposition shall not include any request for relief that should be filed as a separate motion. Responses to oppositions are not permitted.

(b) Except as otherwise ordered, motions and oppositions shall not exceed 3500 words. The word count is exclusive of the case caption, signature block of counsel of record, certifications, and appendix, if any.

(c) Where counsel for the moving party attests that all other parties to the appeal have consented to the granting of the motion, the motion may be submitted to the court immediately upon filing and may be acted upon without awaiting expiration of the time for filing an opposition. Notice of such consent shall be indicated on the first page of the motion.

(d) Motions which are not dispositive of the appeal may be ruled upon by one or more members of the court subject to review by a full panel upon a motion for reconsideration pursuant to Section 71-5.

(e) Motions that are directed to the trial court, such as motions to terminate stay pursuant to Section 61-11 or motions for rectification or articulation pursuant to Section 66-5, shall: (1) include both the trial court and the Appellate Court docket numbers in the caption of the case; (2) state in the first paragraph the name of the trial judge, or panel of judges, to whom the motion is directed; and (3) comply with the requirements of Section 66-3. Such motions will be forwarded to the trial court by the appellate clerk.

(f) When the appellate clerk issues an order on a motion, the official notice date shall be the date indicated on the order for notice to the clerk of the trial court and all counsel of record. The official notice date is not the date that such order is received.

Committee Notes

(Amended June 27, 2023, to take effect Jan. 1, 2024.) (P.B. 1978-1997, Sec. 4041.) (Amended June 2, 2010, to take effect Jan. 1, 2011; amended July 26, 2012, to take effect Jan. 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended Oct. 18, 2017, to take effect Jan. 1, 2018; amended June 27, 2023, to take effect Jan. 1, 2024.)