Rule 6.04: For Motions — Affidavits.



(1) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five (5) days before the time specified for the hearing, unless a specific period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.

(2) When a motion is supported by affidavit the affidavit shall be served with the motion; except as otherwise provided in Rule 56.04 and Rule 59.03, opposing affidavits may be served not later than one (1) day before the hearing, unless the court permits them to be served at some other time. [As amended by order entered January 26, 1999, effective July 1, 1999 and by order entered January 28, 2000, effective July 1, 2000.]

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