| (a) Purpose and effect of motions. To make a request,
including a request to change a setting or obtain a ruling, order,
or any other procedural relief from the judge, a party shall file
a written motion. The motion shall describe specifically the action
requested and the basis for the requested action. Unless otherwise
specified in this chapter, a motion is not granted until it has been
ruled on by the judge, even if the motion is uncontested or agreed.
(b) General requirements for motions. Except as provided
in this chapter, or unless otherwise ordered by the judge, all motions
shall:
(1) be filed in writing no later than seven days before
the date of the hearing; except, for good cause demonstrated in the
motion, the judge may consider a motion filed after that time or presented
orally at a hearing;
(2) include a certificate of conference that complies
substantially with one of the following examples:
(A) Example one: "Certificate of Conference: I certify
that I conferred with {name of other party or other party's authorized
representative} on {date} about this motion. {Succinct statement of
other party's position on the action sought and/or a statement that
the parties negotiated in good faith but were unable to resolve their
dispute before submitting it to the judge for resolution.} Signature."
(B) Example two: "Certificate of Conference: I certify
that I made reasonable but unsuccessful attempts to confer with {name
of other party or other party's authorized representative} on {date
or dates} about this motion. {Succinctly describe these attempts.}
Signature."; and
(3) include a reference in the motion's title to a
request for a hearing on the motion if the moving party seeks a hearing.
(c) Responses to motions.
(1) Except as otherwise provided in this chapter or
as ordered or allowed by the judge, responses to motions shall be
in writing and filed on the earlier of:
(A) five days after the motion is filed; or
(B) the date and time of the hearing; however, if the
judge finds a good reason has been shown, responses to written motions
may be presented orally at hearing.
(2) If no response is filed within the time period
prescribed by this section or chapter, the judge may consider the
motion unopposed.
(d) Motions to intervene or for party status. Motions
for party status shall be filed no later than 20 days prior to the
date the case is set for hearing. Responses to such motions shall
be filed no later than seven days after the motion is filed.
(e) Other motions. In addition, other types of motions
are addressed in other sections of this chapter. If there is a conflict
between this section and a requirement found in another section relating
to a specific type of motion, the more specific provision applies.
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