FORM OF MOTIONS

(a) Form . All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion. Every motion, except one entitled to be heard ex parte, shall be accompanied by a notice of hearing or of setting for hearing thereof. The motion may be stated in the notice of hearing. If a motion requires the consideration of facts not appearing of record, it shall be supported by affidavit. The motion shall be filed and served on all parties at least 14 days prior to the time set for hearing, unless otherwise provided by the District Court Rules of Civil Procedure or ordered by the court. (b) Filings in opposition . An opposing party may serve and file counter affidavits and a written statement of reasons in opposition to the motion and of the authorities relied upon, which shall be served and filed not later than 72 hours preceding the time set for the hearing, except as otherwise ordered by the court. (c) Required notice; effect of failure to appear . A party who does not oppose or who intends to support a motion, or who desires a continuance, shall immediately notify the court and opposing counsel, or opposing party if the opposing party is not represented by counsel. Failure to appear at the hearing may be deemed a waiver of objections to the granting of the motion. (d) Non-hearing motions . Notwithstanding Rule 7(a), with appropriate notice, non-hearing motions may be filed if permitted by the administrative judge. (e) Reserved. (f) Reserved. (g) Declaration in lieu of affidavit . In lieu of an affidavit, an unsworn declaration may be made by a person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form: I, __________________ , do declare under penalty of law that the fore-going (name of person) is true and correct. Dated: ____________________ Signature (Amended February 8, 1996, effective April 1, 1996; further amended July 29, 1997, effective September 1, 1997; further amended June 8, 2001, effective July 1, 2001.)