Pre-trial Procedures and Motion Practice
Trial Settings: All cases are automatically scheduled for trial pursuant to a docket control order. If your case is a Level 3 case or you need special scheduling consideration (e.g., a longer discovery period, a shorter trial setting), prepare an agreed scheduling order and submit it to the Court. If you need to amend any deadline in the docket control order (except the pre-trial conference or trial setting), you may do so either by Rule 11 agreement or by moving for leave of Court.
Continuances: First continuances may be granted for good cause or upon agreement of the parties if a motion for continuance is filed sufficiently in advance of the trial setting. The proposed order granting the continuance shall provide a space for the new trial date to be inserted. If the parties would like to amend the docket control order in addition to continuing the trial date, please note your request in the Motion for Continuance and include the statement that a new scheduling order shall be issued in the proposed order. Continuances after the first continuance must demonstrate substantial need for a delay of the trial setting. Agreed continuances may be submitted immediately for ruling without oral hearing. Opposed continuance requests should be set for oral hearing.
Pre-trial Conferences: A pre-trial conference will be held before trial begins. The Court Coordinator will telephone counsel with the day and time to appear during the two week docket. Cases generally will have at least one day’s notice before being called in for trial. Docket positions are available on this site or by contacting the Court Coordinator.
Motions: Parties may set motions for oral hearing or for submission upon 10 days notice, except that motions for rehearing or reconsideration shall be placed on the submission docket unless otherwise ordered by the Court. The Court's oral hearing docket is held on Friday; the Court's submission docket is Monday at 9:00 a.m. Please note when selecting the Submission Docket that (a) motions placed on a submission docket without the requisite 10-day notice will be automatically passed by the Clerk of the Court; and (b) for matters placed by movant on the submission docket, the Court will honor all requests for oral hearings; the Court will provide the requesting party with the hearing date and direct same to notify all parties with a Notice of Hearing.
Delinquent Tax Suits: All of the above-outlined Pre-trial Procedures and Motion Practice also apply to delinquent tax suits. The Tax Protocol does not apply.
Emergency Motions: May be scheduled through the court clerk with good cause shown.
Trial Procedures
Jury Trials: Before trial, parties should exchange exhibit lists, motions in limine, and proposed charge issues. Have a copy ready for the judge as well. All exhibits should be available before trial for inspection and copying on request. All exhibits should be pre-marked, and an 81/2 x 11 size duplicate exhibit should be provided for any blowup exhibit. Review the exhibit list and motion in limine filed by opposing counsel before trial and be prepared to advise the judge as to which exhibits and limine requests you have no objection. Deposition excerpts must be provided to opposing counsel the week before trial. Excerpts should be reviewed and objections made in writing more than 24 hours before that deposition is to be used at trial. Be prepared to advise the Court of your witness list and anticipated schedule. The Court has a television and VCR available for viewing videotaped depositions. The Court Coordinator will telephone all parties at least one day in advance of trial to schedule the pre-trial conference. Voir dire may begin immediately after the pre-trial conference in some cases, so be ready to pick a jury when called for the pre-trial conference. Jurors are allowed to take notes during the trial and use their notes during deliberations.
Non-Jury Trials: Follow the above guidelines for jury trial, but prepare and exchange proposed findings of fact and conclusions of law with all counsel and provide them to the judge. In addition, prepare a proposed form of judgment.