Lack of Opposition to written Motion to Dismiss

Does the follow court rule mean that the prosecution must respond in
writing to a written motion to dismiss, or are they still allowed to
contest it orally at the calandered hearing date? If I have to give
them notice (10 days prior to the hearing) to my motion so that they
can properly prepare to contest it, shouldn't I also get their
written opposition 5 days prior to the hearing so that I can have
adequate time to research their points of opposition? Therefore if
the prosecution neglects to respond to my written APA motion to
dismiss amount to tacit acquiansance, and they should be prevented
from arguing against orally at the hearing. If they try, will my
objection, be sufficient to prevent the prosecution from responding
orally based on Rule 4.111?



Rule 4.111. Pretrial motions in criminal cases

(a) [Time for filing papers and proof of service] Unless otherwise
ordered or specifically provided by law, all pretrial motions,
accompanied by points and authorities, shall be served and filed at
least 10 calendar days, all papers opposing the motion at least five
calendar days, and all reply papers at least two court days before
the time appointed for hearing. Proof of service of the moving papers
shall be filed no later than five calendar days before the time
appointed for hearing.

(b) [Failure to serve and file timely points and authorities] The
court may consider the failure without good cause of the moving party
to serve and file points and authorities within the time permitted as
an admission that the motion is without merit.

Rule 4.111 renumbered effective January 1, 2001; adopted as rule
227.5 effective January 1, 1985.