Rule 78.Hearing Motions; Submission on Briefs

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 78 lets a court set regular times and places to hear motions and provides that, to expedite business, the court may by rule or order decide motions on the written submissions without holding an oral hearing.

Full Text of Rule 78

Text sizeJump to: (a) (b)

(a) Providing a Regular Schedule for Oral Hearings. A court may establish regular times and places for oral hearings on motions.

(b) Providing for Submission on Briefs. By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.

End

Amendment History

(Amended March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 78 is about the mechanics of getting motions decided. To keep dockets moving, a district court may establish regular times and places for hearing and deciding motions that require notice and a hearing.

Just as important, the rule recognizes that many motions do not need argument: by rule or order, a court may provide that motions be submitted and determined on the briefs alone, without oral hearings. That is why in many districts routine motions are decided on the papers unless a judge calls for argument.

Frequently Asked Questions

Does every motion get an oral hearing?

No. Under Rule 78, a court may decide motions on the written submissions without oral argument, and many courts do so by local rule for routine motions.

Can a judge still hold a hearing outside the regular motion schedule?

Yes. A district court may establish regular times and places for hearing motions, but that does not stop a judge from hearing a particular motion at another time when needed.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 78), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 78Fed. R. Civ. P. 78hearing motionssubmission on briefsoral argument on motions