LCR NO. 5
           SERVICE AND FILING OF MOTIONS AND RESPONSES


A.  Filing and Scheduling of Motions.

     Notwithstanding any provision of CR 6(d) to the contrary, a
party filing any motion shall serve and file such motion no later
than seven (7) court days prior to the date noted for argument on
the motion; e.g., by Wednesday 5:00 p.m. of the preceding week
for a Friday docket; by Monday 5:00 p.m. of the preceding week
for a Wednesday docket.  Motions requiring a longer period of
notice pursuant to court rule or statute shall be filed as
required by the applicable court rule or statute.

     All documents supporting the motion shall be filed and
served with the motion.

     Unless other arrangements are made with the Court
Administrator, all motions shall be scheduled for the appropriate
Wednesday or Friday Motion Docket and heard by the Motion Judge
or by the Court Commissioner.  Unless other arrangements are made
with the Court Administrator, hearings on any motion shall not
include live testimony and argument may be limited in time.

     A notice of issue or note for the motion docket identifying
the nature of the motion, names of the parties, the names of the
attorneys if any, and the date and time for argument on the
motion shall be filed and served with the motion.  The provisions
of GR 14 notwithstanding, a notice of issue or note for a motion
docket should be printed on pink paper.

B.  Response Documents

     Any party opposing a motion, or any part thereof shall file
all original responsive documents and serve copies upon all
parties no later than 12:00 noon two court days prior to the
scheduled date for argument on the motion; e.g., by noon
Wednesday for a Friday docket; by noon Monday for a Wednesday
docket.

C.  Reply to Response Documents

     All reply documents to the response documents as provided
for in part B of this rule shall be filed and served on all
parties no later than 12:00 noon one court day prior to the date
set for argument on the motion, e.g., by noon Thursday for a
Friday docket; by noon Tuesday for a Wednesday docket.  No
additional documents shall be filed or served after that date and
time.

D.  Bench Copies

     Bench copies of all motions, memoranda, responses and or
replies, and all documents supporting such motions, responses or
replies shall be delivered to the Judge or Court Commissioner who
is to consider the motion, on the day they are filed.  The name
of the Judge or Court Commissioner and the date of the hearing
for the matter shall be designated on the bench copies.

E.  Affidavits and Declarations.

     Affidavits and declarations in support of or in opposition
to any motion or part thereof shall be made only on personal
knowledge, shall set forth only such facts as would be admissible
in evidence, and shall show affirmatively that the affiant or
declarant is competent to testify to the specific matters set
forth therein.  Argument, comment, and nonexpert opinion shall be
excluded from affidavits and declarations.

F.  Hearing on short notice.

    All orders shortening time shall include a provision for a
service deadline upon the other party or parties.

G.  Terms

     Terms and sanctions may be imposed for failure to comply
with this rule, including the striking of any documents filed in
violation this rule.


[Amended effective September 1, 2003]