Rule 21. Motions to the Court
- 1. Every motion to the Court shall clearly state its purpose and the facts
on which it is based and may present legal argument in support thereof. No
separate brief may be filed. A motion should be concise and shall comply
with any applicable page limits. Rule 22 governs an
application addressed to a single Justice.
- 2. (a) A motion in any action within the Court's original jurisdiction
shall comply with Rule 17.3.
- (b) A motion to dismiss as moot (or a suggestion of mootness), a
motion for leave to file a brief as amicus curiae, and any motion
the granting of which would dispose of the entire case or would affect
the final judgment to be entered (other than a motion to docket and
dismiss under Rule 18.5 or a motion for voluntary
dismissal under Rule 46) shall be prepared as
required by Rule 33.1, and 40 copies shall be
filed, except that a movant proceeding in forma pauperis under Rule
39, including an inmate of an institution, shall file a motion
prepared as required by Rule 33.2, and shall
file the number of copies required for a petition by such a person
under Rule 12.2. The motion shall be served
as required by Rule 29.
- (c) Any other motion to the Court shall be prepared as required by Rule
33.2; the moving party shall file an original and 10 copies.
The Court subsequently may order the moving party to prepare the
motion as required by Rule 33.1; in that event,
the party shall file 40 copies.
- 3. A motion to the Court shall be filed with the Clerk and shall be accompanied
by proof of service as required by Rule 29. No motion
may be presented in open Court, other than a motion for admission to the
Bar, except when the proceeding to which it refers is being argued. Oral
argument on a motion will not be permitted unless the Court so directs.
- 4. Any response to a motion shall be filed as promptly as possible considering
the nature of the relief sought and any asserted need for emergency action,
and, in any event, within 10 days of receipt, unless the Court or a Justice,
or the Clerk under Rule 30.4, orders otherwise. A
response to a motion prepared as required by Rule 33.1 shall
be prepared in the same manner if time permits. In an appropriate case, the
Court may act on a motion without waiting for a response.