2.2 Emergency and Ex Parte Motions Where Notice is Not Required


(a) Notice not required - Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without giving prior notice and without calling the motion for hearing. Emergency motions shall, so far as possible, be given precedence.

(b) Notice after hearing - If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the court thereon, shall be served, by the attorney obtaining the order, upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of hearing, and proof of service thereof shall be filed with the clerk, within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

(c) Order upon denial - If a motion heard without prior notice is denied, an order of the denial shall be spread of record.

[Adopted May 17, 1976, effective July 1, 1976.]

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