ARFLP Rule 35. Family Law Motion Practice

A.  Formal Requirements; Time Periods.

1.  The grounds for any motion shall be stated with particularity and shall set forth the relief or order which is sought. All written motions made before or after trial shall be accompanied by a memorandum indicating, at a minimum, the precise legal points, statutes and authorities relied upon and citing the specific portions or pages thereof.

2.  All motions shall be served on the opposing parties. Unless otherwise ordered by the court, affidavits supporting the motion shall be filed and served together with the motion.

3.  Any party opposing the motion shall file any answering memorandum within ten (10) days thereafter. An answering memorandum shall be titled “Response to __________ (name of motion).”

4.  Within five (5) days after service of the Response, the moving party may serve and file a memorandum in reply, titled “Reply to __________ (name of motion)”. The reply shall be directed only to matters raised in the response.

5.  Affidavits submitted in support of any response shall be filed and served together with the response, unless the court permits them to be filed and served at some other time. In its discretion, the trial court may waive these requirements as to motions made in open court.

6.  The time and manner of service of every motion, response and reply shall be noted on all such documents and shall be governed by Rule 43. If the precise manner in which service has actually been made is not noted on any such filing, it will be conclusively presumed that the filing was served by mail, and the provisions of Rule 4(D) shall apply. This conclusive presumption shall only apply if service in some form has actually been made. The time periods specified in this paragraph shall not apply where specific times for motions, affidavits or memoranda are otherwise provided by statute or order of court.

7.  The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by this rule, and all such motions and other papers shall be signed in accordance with Rule 31.

B.  Effect of Non-Compliance. If a motion does not conform in all substantial respects with the requirements of this rule, or if the opposing party does not serve and file the required response, or if counsel for any moving or opposing party fails to appear at the time and place assigned for oral argument, such non-compliance may be deemed a consent to the denial or granting of the motion, and the court may dispose of the motion summarily.

C.  Oral Argument.

1.  Any party may request, or the court may order on its own motion, a time and a place for oral argument on any motion. The setting of oral argument is at the discretion of the court.

2.  To expedite its business, the court may make provision by order for the submission and determination of motions, without oral hearing, upon brief written statements of reasons in support and opposition.

3.  If granted by the court, oral argument may be limited to a prescribed number of minutes that shall not be exceeded without special permission in advance.

Any motion for reconsideration or clarification must comply with Rule 84.