(a) General. An application for relief of any kind from either appellate court ancillary to a case in that court shall be made by written motion. A stipulation is not sufficient. (b) Format. A motion filed in the appellate courts must be in the form prescribed by Rule 513.5(b). The motion must include:(1) a brief, complete statement of the reasons in support of the motion;(2) an affidavit where the facts relating to the motion are not otherwise proven;(3) if the motion is for an extension of a time period prescribed in these rules, a statement of each extension of that time period previously granted to that party, indicating the length of each extension;(4) the points and authorities on which the moving party relies;(5) an appropriate order for execution by the court should the motion be granted; and(6) if the moving party requests relief by a specific date, a statement of the date by which a decision is needed and the reasons why a decision is needed by that date.(c) Filing and Service. The original of all motions and responses must be filed with the clerk, together with proof of service on all other parties. The following copies must be submitted with the original: (1) five copies of a motion that must be decided by the full supreme court pursuant to Appellate Rule 503(g) or a response to such motion;(2) three copies of a motion that must be decided by the full court of appeals pursuant to Appellate Rule 503(g) or a response to such motion.(d) Opposition to Motion - Disposition. Adverse parties have seven days after service of a motion within which to file and serve memoranda in opposition, counter motions and affidavits. As soon as practical after expiration of the seven-day period, the motion will be considered. A reply memorandum may not be filed by the moving party unless otherwise ordered. Oral argument will not be heard on motions unless otherwise ordered. If a motion is decided before expiration of the time for opposition, the filing of a timely opposition requires that the motion be considered de novo.(e) Motions Determined by the Clerk. Routine, unopposed motions may be ruled upon by the clerk without referral to an individual judge or justice or the full court. Unopposed non-routine motions for extensions of time under Rule 503.5(c)(1) for filing briefs may be ruled upon by the clerk. The clerk may not determine a motion to extend the time for filing a notice of appeal, petition for review, petition for rehearing, or petition for hearing. The clerk may not determine a motion for extension of time to file a document if the time period specified in these rules for filing the document, including any previous extensions, has already expired when the motion is filed. The clerk has the discretion to refer motions that may be determined by the clerk to an individual justice or judge for decision.(f) Motions Determined by an Individual Justice or Judge. Any motions not described in paragraph (g) may be determined by an individual justice or judge without referral to the full court. A justice or judge has the discretion to refer such a motion to the full court for decision.(g) Motions Determined by Full Court. A motion that would have the effect of determining the merits of a proceeding, or a motion referred to the full court by a justice or judge, shall be considered by the full court. An individual justice or judge may, in connection with such a motion, enter such orders as may be necessary to prevent irreparable harm prior to the time that the full court is able to consider the motion.(h) Motions for Reconsideration.(1) Filing. A party who is aggrieved by an order may move for reconsideration of the order. A motion for reconsideration must be filed within ten days after the date of notice of the order, as defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c).(2) Determination. Motions for reconsideration under this rule shall be determined as follows: (A) a motion for reconsideration of an order entered by the clerk under subparagraph (e) shall be determined by an individual justice or judge;(B) a motion for reconsideration of an order entered by an individual justice or judge under subparagraph (f) shall be determined by the full court; and(C) a motion for reconsideration of an order entered by the full court under subparagraph (g) shall be determined by the full court.(3) Response. The non-moving party may respond to a motion for reconsideration to be determined under subparagraphs (h)(2)(A) or (h)(2)(B) by filing an opposition within seven days after the motion is served. No response may be made to a motion for reconsideration to be determined under subparagraph (h)(2)(C) unless requested by the court, but a motion for reconsideration will ordinarily not be granted without affording the non-moving party an opportunity to respond.SCO 439 effective 11/15/1980; amended by SCO 516 effective 10/1/1982; by SCO 561, effective 5/2/1983; by SCO 584 effective 2/1/1984; by SCO 827 effective 8/1/1987; by SCO 869 effective 7/15/1988; by SCO 870 effective 7/15/1988; by SCO 1153 effective 7/15/1994; by SCO 1166 effective 7/15/1994; by SCO 1167 effective 7/15/1994; by SCO 1409 effective 10/15/2000; by SCO 1440 effective 10/15/2001; by SCO 1628 effective 4/16/2007; and by SCO 1842 effective 4/15/2015; amended by Supreme Court Order No. 1885, effective 10/15/2016. See Appellate Rule 508(f)(2) for motions for reconsideration of orders awarding costs or attorney's fees under Appellate Rule 508.
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