JCRPT 23

(a) Except as otherwise provided by statute or court rule, all motions must contain a notice of motion setting the same for hearing on a day when the judge to whom the case is assigned is hearing civil motions and not less than 21 days from the date the motion is served and filed. The notice of motion must be substantially in the following form:

NOTICE OF MOTION

TO: Nonmoving Party

YOU AND EACH OF YOU will take notice that on the ______ day of _____________________, 2_____, at the hour of ____ __m., of said day, the above motion will be heard in _______________.

[The following notice must appear in bold print and capital lettering.]

NOTICE:

YOU ARE REQUIRED TO FILE WITH THE COURT AND SERVE ON THE MOVING PARTY A WRITTEN “OPPOSITION” TO THIS MOTION WITHIN 10 JUDICIAL DAYS. YOUR FAILURE TO FILE AND SERVE A WRITTEN OPPOSITION MAY BE UNDERSTOOD AS AN ADMISSION THAT THE MOTION IS VALID, AND MAY RESULT IN THE COURT GRANTING THE RELIEF REQUESTED IN THE MOTION AGAINST YOU.

[If the motion is a motion for summary judgment, the following additional notice must also appear in bold print and capital letters as set forth below.]

NOTICE TO PRO SE LITIGANT WHO OPPOSES A MOTION FOR SUMMARY JUDGMENT:

The other party in this case has moved for summary judgment pursuant to Rule 56 of the Justice Court Rules of Civil Procedure. This means that the moving party has asked the court to decide this case without a trial, based on written materials, including affidavits and unsworn declarations, submitted in support of the motion. IF YOU DO NOT TIMELY RESPOND TO THE MOTION BY FILING AFFIDAVITS OR UNSWORN DECLARATIONS AS REQUIRED BY RULE 56 OF THE JUSTICE COURT RULES OF CIVIL PROCEDURE, THE COURT MAY ENTER A JUDGMENT AGAINST YOU AND IN FAVOR OF THE MOVING PARTY WITHOUT A TRIAL.

Submitted by:

Name

Bar Number

Address

City, State, Zip Code

Telephone Number

Attorney for:

(b) When a motion that has been designated to be heard in chambers is filed, the civil division clerk must complete the notice of motion section with the time/date set for decision. The clerk must additionally stamp the location of the hearing as being in “chambers—without oral argument.”

(c) If the time to oppose a motion has passed and no opposition has been filed, counsel for the moving party may submit to the clerk’s office a proposed order granting the motion. The judge may then review the proposed order and may render a decision or abstain from ruling on the motion until a hearing has been conducted.

(d) If after reviewing the motion that has been designated to be heard in chambers a judge chooses to set the matter for oral argument, the courtroom clerk for that judge may generate notices of hearing from the case management system, or in the alternative, such cases may be returned to the appropriate division to be set for hearing.