RULE 50. GENERAL REQUIREMENTS
- (a) Form and Content of Motion: An application to the Court for
an order shall be by motion in writing, which shall state with
particularity the grounds therefor and shall set forth the relief
or order sought. The motion shall show that prior notice thereof
has been given to each other party or counsel for each other party
and shall state whether there is any objection to the motion. If a
motion does not include such a statement, the Court will assume
that there is an objection to the motion. Unless the Court directs
otherwise, motions made during a hearing or trial need not be in
writing. The rules applicable to captions, signing, and other
matters of form and style of pleadings apply to all written
motions. See Rules 23, 32, and 33(a). The
effect of a signature on a motion shall be as set forth in Rule 33(b).
- (b) Disposition of Motions: A motion may be disposed of in one
or more of the following ways, in the discretion of the Court:
- (1) The Court may take action after directing that a written
response be filed. In that event, the motion shall be served upon
the opposing party, who shall file such response within such period
as the Court may direct. Written response to a motion shall conform
to the same requirements of form and style as apply to motions.
- (2) The Court may take action after directing a hearing, which
normally will be held in Washington, D.C. The Court may, on its own
motion or upon the written request of any party to the motion,
direct that the hearing be held at some other location which serves
the convenience of the parties and the Court.
- (3) The Court may take such action as the Court in its
discretion deems appropriate, on such prior notice, if any, which
the Court may consider reasonable. The action of the Court may be
taken with or without written response, hearing, or attendance of
a party to the motion at the hearing.
- (c) Attendance at Hearings If a motion is noticed for hearing,
then a party to the motion may, prior to or at the time for such
hearing, submit a written statement of such party's position
together with any supporting documents. Such statement may be
submitted in lieu of or in addition to attendance at the
hearing.
- (d) Defects in Pleading: Where the motion or order is directed
to defects in a pleading, prompt filing of a proper pleading
correcting the defects may obviate the necessity of a hearing
thereon.
- (e) Postponement of Trial: The filing of a motion shall not
constitute cause for postponement of a trial. With respect to
motions for continuance, see Rule 133.
- (f) Service of Motions: The rules applicable to service of
pleadings apply to service of motions. See Rule 21; for the rules applicable to service of
papers in partnership actions, see Rule
246.
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