Shelton Municipal Court

		
		
                                                           CrRSMC 8
                                                            Motions

  	The judge of this court or judge pro-tem shall have the authority to review any motion, except motions brought
under rule CrRLJ 3.5, to determine whether they have merit on their face.  If it is decided that the motion has merit
on its face, the court shall grant a hearing.  If it does not, the judge or judge pro-tem shall deny scheduling a
hearing.

  	In determining whether the motion has, on its face, merit, the court shall accept the factual allegations made
in the motion and determine, whether those facts arguably support a legal basis in which to grant the motion.  In
determining whether an argument exists in legally supporting the motion, the presumption shall be that it does have
merit. Only when it is clear that there is no factual and/or legal basis on its face to grant the requested relief
shall the court decline to hold a hearing.

  	Nothing in this rule shall be construed as authorizing the court to grant a motion on its merits without the
opposing parties having a chance to respond.