Current through Register Vol. 54, No. 44, November 2, 2024
A.
Generally. All motions and answers shall be made orally on the
record or in writing. An answer to a motion is not required unless ordered by
the court or otherwise provided in these rules. Failure to answer shall not
constitute an admission of the well-pleaded facts alleged in the
motion.
B.
Filings by
attorneys. If a party is represented by an attorney, the attorney
shall make or file all motions and answers.
C.
Requirements for motions.
All motions shall comply with the following requirements:
1) The person making a written motion shall
sign the motion. The signature shall constitute a certification that the motion
is made in good faith. An oral motion shall be made on the record and the oral
motion shall constitute a certification that the motion is made in good
faith.
2) The motion shall state
with particularity the grounds for the motion, the facts that support each
ground, and the types of relief or order requested.
3) If the motion sets forth facts that do not
already appear of record in the case, a verification shall be included or an
oral statement shall be given that the facts set forth in the motion are true
and correct to the movant's personal knowledge, information, or
belief.
4) If the motion is
written, a certificate of service as required by Rule 1345(C) shall be
included.
D.
Requirements for answers. All answers, including those that
are required either by court order or otherwise required by these rules, shall
comply with the following requirements:
1)
The person making the answer shall sign the answer or shall reply to the motion
on the record. The signature or oral answer on the record shall constitute a
certification that the answer is being made in good faith.
2) The answer shall meet the allegations of
the motion and shall specify the type of relief, order, or other action
sought.
3) If the answer sets forth
facts that do not already appear of record in the case, a verification shall be
included or an oral answer shall include a statement that the facts set forth
in the answer are true and correct to the respondent's personal knowledge,
information, or belief.
4) If the
answer is written, a certificate of service as required by Rule 1345(C) shall
be included.
E.
Alternative relief. Any motion may request such alternative
relief as may be appropriate.
