RULE 8.235. MOTIONS

(a) Motions in General. An application to the court for an
order must be made by motion which must be in writing unless
made during a hearing; must be signed by the party making the
motion or by the party’s attorney; must state with particularity the
grounds therefor; and must set forth the relief or order sought. The
requirement of writing is fulfilled if the motion is stated in a written
notice of the hearing of the motion or in a written report to the
court for a scheduled hearing provided the notice or report are
served on the parties as required by law.

(b) Motion to Dismiss. Any party may file a motion to
dismiss any petition, allegation in the petition, or other pleading,
setting forth the grounds on which the motion is based. If a motion
to dismiss the petition is granted when a child is being sheltered
under an order, the child may be continued in shelter under
previous order of the court upon the representation that a new or
amended petition will be filed.

(c) Sworn Motion to Dismiss. Before the adjudicatory
hearing the court may entertain a motion to dismiss the petition or
allegations in the petition on the ground that there are no material
disputed facts and the undisputed facts do not establish a prima
facie case of dependency. The facts on which such motion is based
must be specifically alleged and the motion sworn to by the party.
The motion must be filed a reasonable time before the date of the
adjudicatory hearing. The opposing parties may traverse or demur
to this motion. Factual matters alleged in the motion must be
deemed admitted unless specifically denied by an opposing party in
a written traverse or demurrer. The motion must be denied if an
opposing party files a written traverse that with specificity denies
under oath the material fact or facts alleged in the motion to
dismiss. The traverse or demurrer must be filed a reasonable period
of time before the hearing on the motion to dismiss.

(d) Motion to Sever. A motion may be made for a severance
of 2 or more counts of a multi-count petition, or for the severance of
the cases of 2 or more children alleged to be dependent in the same
petition. The court may grant motions for severance of jointly-
brought cases for good cause shown.

Committee Notes
1992 Amendment. This rule allows any party to move for
dismissal based on the grounds that there are no material facts in
dispute and that these facts are not legally sufficient to prove
dependency.