RJCR 9

1. All motions shall contain proof of the service of the same or have proof of service filed contemporaneously therewith. Service of all motions, criminal or civil, shall be in accordance with JCRCP 5.

2. A party filing a motion shall also serve and file with it a memorandum of points and authorities in support of each ground thereof. The absence of such memorandum may be construed as an admission that the motion is not meritorious and cause for its denial or as a waiver of all grounds not so supported.

3. Within 10 days after the service of the motion, the opposing party shall serve and file his written opposition thereto, together with a memorandum of points and authorities and supporting affidavits, if any, stating facts showing why the motion should be denied. Failure of the opposing party to timely serve and file his written opposition may be construed as an admission that the motion is meritorious and consent to granting the same.

4. The moving party may serve and file reply points and authorities within 5 days after service of the answering points and authorities.

5. The court may decline to consider any motion, opposition, or reply when it is accompanied by a memorandum that consists of bare citations to statutes, rules, or cases.

6. Upon the expiration of the time to oppose or reply, either party may notify the clerk to submit the matter for decision by filing and serving all parties with a written request for submission of the motion or the court may consider the motion without further notification to the parties.

7. Any affidavit to be used shall identify the affiant, the party on whose behalf it is submitted, and the motion or application to which it pertains and shall be served and filed with the motion, opposition, or reply to which it relates. Affidavits shall contain only factual, evidentiary matter, shall conform to the requirements of JCRCP 56(e), and shall avoid mere general conclusions or argument. Affidavits substantially defective in these respects may be stricken, wholly or in part.

8. Factual contentions involved in any pre-trial or post-trial motion may be initially presented and heard upon affidavits. Oral testimony may be received at the hearing with the approval of the court, or the court may set the matter for a hearing at a time in the future and allow oral examination of the affiants to resolve factual issues shown by the affidavits to be in dispute.

9. No motion or matter once heard and disposed of shall be renewed in the same cause, nor shall the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.