Q: Amending App-002 and App-003. Motion
Can motion under rule 8.54 be submitted without hearing?
Is application, not motion adequate for amending? What rule defines that? Application does not require hearing.
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A:
Under California Rules of Court Rule 8.54, you can submit a motion without requesting a hearing. This rule specifically states that a hearing will only be held if ordered by the court, meaning most motions are decided without oral argument.
When amending App-002 and App-003 forms, you have the option to use either a motion or an application. Rule 8.50 governs applications in appellate courts and confirms that no hearing is required for applications. This makes applications potentially more expedient than motions in many cases. Applications are particularly suitable for routine amendments to these forms.
The distinction between motions and applications is outlined in Rule 8.50(b), which defines an application as "a filing that may be made in a reviewing court to obtain a specific type of relief that may be granted by the presiding justice or presiding judge, or by the court." Given this definition and the routine nature of form amendments, using an application would be an appropriate and efficient approach for your needs.
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