Short answer. You have five days from service of the motion. Rule 49, Section 3 says motions in the Court of Appeals are not set for hearing, and the adverse party may file objections within five days from service, after that, the motion is deemed submitted for resolution whether or not you responded.
What the law says
Motions shall not be set for hearing and, unless the court otherwise directs, no hearing or oral argument shall be allowed in support thereof
Rule 49, Section 3 — No hearing or oral argument for motions. Read the full provision →
What the law says
The adverse party may file objections to the motion within five days from service, upon the expiration of which such motion shall be deemed submitted for resolution
Rule 49, Section 3 — No hearing or oral argument for motions. Read the full provision →
No hearing, and a short written window instead
Rule 49, Section 3 applies to motions filed in the Court of Appeals and works differently from motion practice you may be used to in the trial courts. Motions are not calendared for a hearing, and unless the court specifically directs otherwise, there is no oral argument either. In place of a hearing, the rule gives the adverse party a short written opportunity to respond: objections to the motion must be filed within five days from service of the motion. There is no built-in hearing date to mark on a calendar — the five-day period from service is the entire window to be heard on the motion.
What happens once the five days lapse
The rule builds in a firm consequence for missing that window: once five days from service pass without objections being filed, the motion is deemed submitted for resolution. That means the court can act on the motion without waiting for a response, and without the adverse party having filed anything opposing it. There is no automatic extension built into the rule itself, so treating the five-day period as flexible is risky. Because the standard process skips a hearing altogether, this written response may be the only opportunity the adverse party gets to put arguments and evidence against the motion on record before the court rules.
When the court can still call a hearing
The rule is not absolute — it allows the court to direct a hearing or oral argument if it decides one is needed, which means the appellate court retains discretion over how a particular motion is resolved. But that is the exception, made at the court's own initiative, not something the adverse party can assume will happen or can invoke as of right. Given that the default rule dispenses with a hearing entirely, a party served with a motion should treat the five-day period as the primary chance to be heard and prepare a written opposition promptly rather than waiting to see whether the court calls for argument.