I filed a motion with the Court of Appeals — will it be set for a hearing where I can argue it?

No automatic hearing for motions

Section 3 departs from the general pattern of Section 1 when it comes specifically to motions. Motions shall not be set for hearing and, unless the court otherwise directs, no hearing or oral argument shall be allowed in support thereof. The default for a motion is resolution on the papers, not a hearing, which keeps interlocutory matters from slowing the case down with scheduled appearances.

The adverse party's chance to object

Instead of a hearing, the process runs on a paper timetable. 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. Objections, not oral argument, are the ordinary means of opposing a motion, and they need to be in writing rather than saved for a hearing that in most cases will never happen.

Why the five-day window matters

Because the motion is deemed submitted once the five-day objection period expires, an adverse party who wants to be heard on a motion must act within that window — waiting for a hearing that, absent a specific court directive, is not going to be scheduled leaves the motion to be resolved without that party's written input ever reaching the court's attention at all.

When the court directs otherwise

The rule leaves room for exceptions: Section 3 itself says a hearing or oral argument is barred only unless the court otherwise directs. Some motions, particularly those raising complex or unusual questions, may still prompt the court to call for a hearing on its own initiative, but a party cannot assume this exception will apply to its own motion and should not rely on the possibility of a hearing when preparing its written submission to the court.

What happens if no objection is filed at all

Section 3 binds the adverse party to the five-day window regardless of whether that party actually intends to oppose the motion — silence past that period does not preserve some later chance to object, since the motion becomes deemed submitted for resolution on expiration of the five days whether or not any objection was filed. This places the burden squarely on the party opposing the motion to act promptly rather than wait for a hearing notice that, absent a specific court directive, will not come. The movant, correspondingly, cannot demand a hearing either; both sides operate under the same paper-based default the rule sets.

Related provisions

• Rule 49, Section 3 — No hearing or oral argument for motions
• Rule 49, Section 1 — When allowed
• Rule 49, Section 2 — Conduct of oral argument