DCR 13

Motions: Procedure for making motions; affidavits; renewal, rehearing of motions

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Rule 13. Motions: Procedure for making motions; affidavits; renewal,
rehearing of motions.

 1. All motions shall contain a notice of
motion, with due proof of the service of the same, setting the matter on the
court’s law day or at some other time fixed by the court or clerk.

 2. A party filing a motion shall also
serve and file with it a memorandum of points and authorities in support of
each ground thereof. The absence of such memorandum may be construed as an
admission that the motion is not meritorious and cause for its denial or as a
waiver of all grounds not so supported.

 3. Within 14 days after the service of the
motion, the opposing party shall serve and file a written opposition thereto,
together with a memorandum of points and authorities and supporting affidavits,
if any, stating facts showing why the motion should be denied. Failure of the
opposing party to serve and file a written opposition may be construed as an
admission that the motion is meritorious and a consent to granting the same.

 4. The moving party may serve and file
reply points and authorities within 7 days after service of the answering
points and authorities. Upon the expiration of the 7-day period, either party
may notify the calendar clerk to submit the matter for decision by filing and
serving all parties with a written request for submission of the motion on a
form supplied by the calendar clerk. A copy of the form shall be delivered to
the calendar clerk, and proof of service shall be filed in the action.

 5. The affidavits to be used by either
party shall identify the affiant, the party on whose behalf it is submitted,
and the motion or application to which it pertains and shall be served and
filed with the motion, or opposition to which it relates.

 Affidavits shall contain only factual, evidentiary
matter, shall conform with the requirements of NRCP
56(c)(4), and shall avoid mere general conclusions or argument. Affidavits
substantially defective in these respects may be stricken, wholly or in part.

 6. Factual contentions involved in any
pre-trial or post-trial motion shall be initially presented and heard upon
affidavits. Oral testimony may be received at the hearing with the approval of
the court, or the court may set the matter for a hearing at a time in the
future and allow oral examination of the affiants to resolve factual issues
shown by the affidavits to be in dispute.

 7. No motion once heard and disposed of
shall be renewed in the same cause, nor shall the same matters therein embraced
be reheard, unless by leave of the court granted upon motion therefor, after
notice of such motion to the adverse parties.

 [Added; effective January 1, 1980; amended; effective
December 23, 2021.]

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.