U.S. CODE

U.S. Code

Rule 27. Motions

(a) Content of Motions. Unless another form is required by these rules, an application for relief must be made by filing a motion, with proof of service (see Rule 25 (e)) on all other parties. The motion must—

(1) contain or be accompanied by any material required by any of the rules governing such a motion;

(2) state with particularity the specific grounds on which it is based;

(3) describe the relief sought; and,

(4) if the appellant is represented,

(A) describe the steps taken to contact the other party to determine whether the motion is opposed; and

(B) indicate whether the motion is opposed and, if so, whether the moving party has been advised that a response in opposition will be filed.

A motion should not be accompanied by a proposed implementing order. If a motion is supported by briefs, affidavits, or other papers, they must be served and filed with the motion.

(b) Response or Opposition.

(1) Time to File. Unless otherwise prescribed in these rules (see, e.g., Rule 26 (b)(3)), any party may file a response or opposition to a motion not later than 14 days after service of the motion, but motions authorized by Rule 8 (suspension of Secretarial action pending appeal or petition) may be acted upon after reasonable notice of the motion has been provided to all parties. The Court may shorten or extend the time for responding to any motion.

(2) Form of Opposition. Unless the Court orders otherwise, an opposition to a motion must be submitted by the opposing party in writing, and a motion will be considered unopposed if such an opposition is not filed.

(c) Motions for Procedural Orders. Notwithstanding subsection (a) and except as provided in the next sentence, motions for procedural orders may be acted on at any time, without awaiting a response, and, by rule or order of the Court, motions for certain procedural orders may be disposed of by the Clerk. Motions to extend time for good cause (but not for extraordinary circumstances) may be acted on by the Clerk if not opposed within 5 days after service on the other party. See Rule 26 (b)(3). Any party who may be adversely affected by the action may, by motion, request that the Court reconsider, vacate, or modify the action not later than 10 days after the action is announced.

(d) Form, Copies, and Length. Except by permission of the Court, the form and copy requirements in Rule 32 for principal briefs apply to motions and responses, except that a motion or response may not exceed 20 pages. See also Rule 6 (Protection of Privacy) and Rule 37 (Contingency Planning).

(e) Prohibited Nondispositive Motions. No more than one subject may be addressed in any nondispositive motion unless otherwise provided by these rules (see Rule 35 (d)). The Clerk will return any motion that violates this subsection. See also Rules 5 (d) and 26 (d).

(f) Effect of Motions. Filing a motion does not suspend proceedings or otherwise alter the schedule for filing papers unless the Court grants the motion. See Rules 5 (b) and 26 (b)(4).

Tips