Notice to the Profession and Public: Court Expectations on Single Judge Motions

When counsel and parties bring single judge motions at the Court of Appeal, the Court expects the following:

1. Counsel and parties will file their materials on time in accordance with the applicable Rules and Practice Directions. Late materials will only be accepted in extraordinary circumstances.
2. Counsel and parties should only include materials in their motion records that are relevant for the determination of their motion. The court may impose cost sanctions in civil motions where materials are reproduced unnecessarily in the motion records.
3. Materials not prescribed by the applicable Rules and Practice Directions will not be accepted for filing. These include reply factums and supplementary factums.
4. Counsel and parties are reminded that factums are not required on oral motions and may be unnecessary in straightforward motions. If a party files a factum, the factum shall not be more than 15 pages in length.
5. The default time for oral argument on single judge motion is 15 minutes for the moving party and 10 minutes for the responding party, subject to the discretion of the court. Counsel and parties should be prepared to argue their motions within the default time for oral argument.
6. A motion to extend time to meet a filing deadline prescribed by the applicable Rules is not required where all parties consent to the request. Counsel and parties are encouraged to consent to reasonable requests for extensions of time to avoid the need for a motion.