A. Pretrial and Post Trial Motions.
(1) Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel. The attorney at the time of filing shall obtain a date for hearing from the judge, the judge’s bailiff, or the judge’s scheduling secretary. Notice of hearing shall be mailed or personally delivered to the opposing counsel or party, if not represented by counsel, as provided in Rule 9-11(B). The use of ordinary mail shall constitute sufficient compliance with this rule except as otherwise specifically required by statute or rule of the Supreme Court.
(2) Any motion related to a pleading may be filed only once with respect to such pleading. Any motion filed in violation of this rule may be stricken from the file by the court.
(3) When a motion is overruled and a party is required to plead further, the pleading shall be filed within 10 days unless otherwise ordered by the court.
(4) The court may, in its discretion, assess attorney fees to parties or their counsel on motion hearings.
B. The following schedule denotes the number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of “reasonable notice” unless a longer period is required by a specific statute;
(1) Five working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;
(2) Ten calendar days for contempt hearings (order to show cause and appointment of attorney) and pretrials in civil actions;
(3) Fourteen calendar days for release of liens, consent to adoption, modification, pretrials, and final hearings in dissolution actions or temporary injunctions; and
(4) Twenty days for permanent injunctions and trials in civil and criminal actions.
When notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside the state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that “reasonable notice” has been given. Period of service will be considered waived when the party to be served appears in person or by attorney without making specific objection to the period of service.
C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.
Approved September 9, 2010.
This page was last modified on Friday, November 9, 2012