Evening star., 1938-08-18
RULE Is.
Motions.


/. One or more of the Justices shall
be designated to serve for such period
as the court shall direct, as the mo-
ton Justice or motion Justices. Ex-
cept as otherwise provided, he or they
shall dispose of all motions, formal
orders, ex parte applications and pro-
ceedings, objections to reports of the
auditor, masters, referee in bank
ruptcy, hearings in contempt proceed
ings, hearings on writs of habeas
corpus, and also of all cases SUBJ
mitted either on the pleadings or on
the pleadings and testimony taken by
depositions or on affidavits: but mo-
tions for new trial, motions made
after trial to set aside verdict and
any Judgment thereon, and to have
Judgment entered in accordance with
a motion for directed verdict made
at the trial shall, subject to the pro-
visions. of Federal Rule Of Civil Pro-
cedure, be heard by the Justice be-
fore whom the case was tried, and
at such time as he shall direct.
2. The word motions" as herein
after used in this rule shall include
applications for restraining orders or
injunctions, and for the appointment
of receivers or sequestrators.
3. The clerk of the motions Justice
or motions Justices shall prepare a
motions calendar with cases set for
a definite hour in the day. Necessary
resettings may be arranged by coun-
sci with the clerk in advance of the
day set Any motion which Is likely
to take more than a half-hour for
hearing may be sent to the assign
ment commissioner to be assigned for
hearing by any Justice.
II the attorney for the moving
party does not appear at the time set
for the hearing of the motion the
court may treat the matter as sub
mitted or waived by him. or continue
it to subsequent day, or strike it
from the motion calendar. Not more
than ten minutes to each side will be
allowed for the argument of a mo-
ton unless otherwise ordered by the
court.
f. With each motion there must be
filed on a separate paper statement
of the specific points or propositions
of law, together with the authorities
relied on in support thereof. Such
statement Of points and authorities
shall be in addition to the statement
of the grounds of the motion and shall
be entered on the docket but shall
not constitute part of the record.
A copy thereof shall be served on op-
posing counsel. The moving party
shall enter the motion and the fact
of the filing of said statement on a
motion card to be provided by the
clerk of the court for that purpose.
5. Counsel opposing the motion
shall within five days, or such further
time as the court may grant or as the
parties may agree upon, file in reply
a statement of points and authorities
relied upon, which likewise shall be
filed with the clerk and noted by such
opposing counsel on the motion card
and copy thereof served on counsel
for the moving party. On the filing
of such statements the motion shall
be considered as submitted unless the
motions Justice before whom the mo-
ton is pending desires, or either party
requests. an oral hearing. On failure
of the party opposing the motion to
file such a statement within the time
prescribed the court may, in its dis
cretion, treat the motion as conceded
6. If an oral hearing is to be had.
the clerk of the motions Justice shall
notify the Office of counsel by tele-
phone or otherwise at least two days
in advance of the time fixed for the
hearing except that in emergency
matters the length of notice shall be
fixed by the motion Justice.
7, Applications for alimony OF
maintenance and contempt proceed
ings in divorce and maintenance cases
shall not be heard except on such
days as may be designated therefor
by the motions Justice or motions
Justices. and on the day so desig-
mated no other motions shall be heard
except emergency matters, or applica-
tions for temporary injunctions Or
motions to dissolve in cases in which
restraining orders have been granted
without notice.