Short answer. No. The court may, in its discretion, call a hearing on a litigious motion only if it deems one necessary to resolve it. When it does hold a hearing, the notice must be addressed to all parties concerned and specify the exact time and date of that hearing.
What the law says
The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing.
Rule 15, Section 6 — Notice of hearing on litigious motions; discretionary. Read the full provision →
Hearings on litigious motions are discretionary
The rule frames a hearing on a litigious motion as something the court simply may call, in the exercise of its own discretion, rather than something automatically triggered the moment the motion itself is filed with the court. The court's own independent judgment about whether a hearing is truly necessary for properly resolving that motion is what actually drives the decision here.
The 'if deemed necessary' condition
That discretion is expressly tied to necessity for resolution — the court calls a hearing specifically if it is deemed necessary for its resolution, and not simply as a routine, automatic step applied to every single litigious motion regardless of its complexity or the strength of the arguments already made in writing. Straightforward litigious motions may therefore end up being resolved on the papers alone if the court sees genuinely no real need for oral argument or live presentation.
What the notice of hearing must contain when one is held
When the court does ultimately decide to call a hearing on a particular motion, the resulting notice cannot be vague, incomplete, or left to guesswork. It must be addressed to all parties concerned in the case, and it must also specify clearly the exact time and date of the hearing, ensuring every party involved has clear, adequate, and timely information about when, and whether, they actually need to appear.
The practical effect for litigants
Because holding a hearing on a litigious motion is ultimately discretionary rather than automatic, a party cannot simply assume that a hearing will be scheduled just by virtue of filing a litigious motion in the first place; whether real argument is actually heard live in court depends entirely on the court's own case-by-case assessment of that motion's genuine need for one. A party who genuinely wants oral argument should say so explicitly in the motion or in a separate request, rather than assuming the court will infer that need on its own. Failing to request one does not excuse the court from ruling on the motion; it simply means the motion may be resolved on the pleadings and supporting papers alone, without any oral hearing ever taking place.
Related provisions
- Rule 15, Section 6 — Notice of hearing on litigious motions; discretionary
- Rule 15, Section 5 — Litigious motions
- Rule 15, Section 7 — Proof of service necessary