(A) Motions. “Motions” are requests to the Court to enter a specific order. The party filing the motion is the “moving party.” Unless otherwise permitted by the Court, motions must be made in writing; state with particularity the grounds for seeking the order; and state the relief sought. Like other papers, motions must be filed with the Court and served on all of the parties in the case, with written proof of service attached. Oral (spoken) motions may be made during a Court hearing or trial, where the circumstances would not allow for the motion to have been made in writing.
(B) Motion Hearing. Unless otherwise permitted by the Court, all motions must be noticed for a hearing no less than thirty (30) calendar days from the date the motion is filed with the Court. Before filing the motion, the moving party must contact the Clerk of Court to obtain a hearing date and time, and face of the motion must state the date and time the motion will be heard by the Court.
(C) Opposition. Any opposition to the motion must be filed at least seven (7) calendar days before the time for the hearing on the motion.
(D) Motions to Modify/Set Aside. Within sixty (60) calendar days of any final order or judgment entered by the Court, a party may file a motion to change, modify, or set aside the order or judgment upon a showing of changed circumstances or new, material evidence that could not have been discovered with due diligence during the pendency of the case. If the petition fails to state a change of circumstance or new evidence that might require a change of order or termination of jurisdiction, the Court may deny the application without a hearing.
(E) Ex Parte Applications. An application for an order allowing a party to submit a pleading, motion or other document relevant to the case ex parte or by consent, need not be formally noticed for hearing as described above, but shall be accompanied by a proposed order. Every such application shall be submitted to the judge through the Clerk of Court.
(F) Temporary Restraining Orders. An application for a temporary restraining order or preliminary injunction shall be accompanied by a statement of sufficient facts or by other proof satisfactory to the Court to clearly support granting the temporary orders. The cover of the application shall state the date and time for the hearing on the application.
(1) The respondent must be personally served a copy of the application, summons, notice of hearing and proposed temporary orders at least five (5) calendar days before the hearing unless the Court orders a shorter time for service.
(2) Except in an emergency, or for other good cause, the Court will not consider an ex parte application for a temporary restraining order or preliminary injunction.