Supreme Court Rule 21 governs motion practice, which often involves routine matters of procedure that don’t go to the merits of a case. Counsel is advised to concisely state what relief is requested and the reason it should be granted. These filings are either acted upon directly by the Clerk’s Office or forwarded to the Justices for consideration of the merits.
Booklet Format Motions
Rule 21.2 provides that motions to the Court that are likely to raise controversial questions of substance, including motions “the granting of which would dispose of the entire case or would affect the final judgment to be entered,” must satisfy the booklet format as prescribed in Rule 33.1. Forty copies should be filed with the Court and three copies served on opposing counsel. These filings include:
- Motions to dismiss as moot;
- Motions for leave to file a brief as amicus curiae;
- Motions in original action cases;
- Motions to dismiss or affirm in jurisdictional statement cases; and
- Motion for leave to file a supplemental brief after oral argument.
Electronically Filing Motions
Generally, filings submitted by parties represented by counsel must be submitted through the Court’s electronic filing system. Limited exceptions to this requirement (for example, when documents are filed under seal) are included in the Court’s Guidelines for the Submission of Documents.