Rule 5:4 - Motions and Responses; Orders(a)Motions and Responses. -(1) Motions. All motions, except motions for the qualification of attorneys at law to practice in this Court, must be in writing and filed with the clerk of this Court, as provided for in Rule 5:1B . All motions must contain a statement by the movant that the other parties to the appeal have been informed of the intended filing of the motion. For all motions in cases in which all parties are represented by counsel-except motions to dismiss petitions for writs of habeas corpus, mandamus and prohibition-the statement by the movant must also indicate whether the other parties consent to the granting of the motion, or intend to file responses in opposition.(2) Responses. Opposing counsel may have 10 days after such motion is filed to file with such clerk a response to such motion, but this Court may act before the 10 days expire, if necessary. Once such a response is filed, no further pleadings in support of or in opposition to a motion may be filed without leave of Court.(3) Oral Argument. No motion will be argued orally except by leave of this Court.(b)Orders. - Promptly after this Court has entered an order, the clerk of this Court must send a copy of the order to all counsel.Amended by Order dated Friday, April 30, 2010, effective 7/1/2010; amended by Order dated Friday, April 26, 2019, effective 7/1/2019; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022; amended by order dated November 10, 2022, effective 1/9/2023.ADVISORY NOTE
This rule is not intended to limit the scope of motions that may be filed in the Supreme Court. Such motions may be filed in any pending or contemplated appeal, and may request from the Court any form of relief that is available to the movant. The practitioner should consult individual rules relating to the filing of motions in particular matters; for example, Rule 5:12 (trial judge authorized to act on matters pertaining to record); Rule 5:30(c) (motion for leave to file brief amicus curiae). Rehearings are not within the scope of this rule, but are governed by Rules 5:20 and 5:37.