VII.

MOTIONS
A.ROC 15; ROC 133 S7
ROC 15;
RULE 15
MOTIONS
Section 1. Motion defined.
A motion is an application for relief other than by a pleading.
Sec. 2. Motions must be in writing.
All motions shall be in writing except those made in open
court or in the course of a hearing or trial.
Sec. 3. Contents.
A motion shall state the relief sought to be obtained and the
grounds upon which it is based, and if required by these
Rules or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers.
Sec. 4. Hearing of motion.
Except for motions which the court may act upon without
prejudicing the rights of the adverse party, every written
motion shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of
the hearing thereof shall be served in such a manner as to
ensure its receipt by the other party at least three (3) days
before the date of hearing, unless the court for good cause
sets the hearing on shorter notice.
Sec. 5. Notice of hearing.
The notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of the hearing
which must not be later than ten (10) days after the filing of
the motion.
Sec. 6. Proof of service necessary.
No written motion set for hearing shall be acted upon by the
court without proof of service thereof.

Friday is a non-working day, in the afternoon of the next

working day.
Sec. 8. Omnibus motion.
Subject to the provisions of section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so
included shall be deemed waived.
Sec. 9. Motion for leave.
A motion for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be
admitted.
Sec. 10. Form.
The Rules applicable to pleadings shall apply to written
motions so far as concerns caption, designation, signature,
and other matters of form.
ROC 133 S7
RULE 133: Weight and Sufficiency of Evidence

Sec. 7 . Evidence on motion. When a motion is based on

facts not appearing of record the court may hear the matter on
affidavits or depositions presented by the respective parties,
but the court may direct that the matter be heard wholly or
partly on oral testimony or depositions. (7)

B. BP 129 (1980), S16

Section 16. Time and duration of sessions. The time and
duration of daily sessions of the Regional Trial Courts shall be
determined by the Supreme Court: Provided, however, That all
motions, except those requiring immediate action, shall be heard in
the afternoon of every Friday, unless it falls on a holiday, in which
case, the hearing shall be held on the afternoon of the next
succeeding business day: Provided, further, That the Supreme
Court may, for good reasons, fix a different motion day in specified
areas

Sec. 7. Motion day.

Except for motions requiring immediate action, all motions
shall be scheduled for hearing on Friday afternoons, or if