Motion practice can be a source of substantial cost and delay unless appropriately managed. Some courts have found prefiling conferences useful in avoiding useless or unnecessary motions. Some motions can be decided on the basis of oral presentations and reference to controlling authority, without the filing of briefs. The court may limit the length of briefs and of appendices, affidavits, declarations, and other supporting materials, and require joint briefs whenever feasible. The court may limit the filing of reply or supplemental briefs, or motions for reconsideration, requiring leave of court for good cause shown.
Some courts issue tentative rulings on motions in advance of the motion hearing.
If the parties accept the rulings, no hearing is necessary. If there is a hearing, the parties can direct their arguments to the issues that concern the court. In multiparty litigation, particular attention needs to be given to scheduling. Counsel should be directed to inform the court as soon as possible of any motion to be filed, with sufficient time allowed for opposing counsel to respond and the court to review the parties' submissions in advance. Expedited motions should be avoided unless they concern matters that will delay further proceedings if not resolved.