When are
"Memos in Opposition" due for Rules?
Memoranda in
Opposition are due 8 days before the hearing as required
by Rule 8 of the Local Rules. If the Rule is set for Friday, a
courtesy copy of the memo is due in the Division on Tuesday by 12
noon. In accordance with Local Rules, failure of counsel to comply
with this rule may be deemed sufficient justification for a denial
by the Judge of the right to oral argument and a justification to
dismiss the exception, motion or rule.
Does the
Judge hold Pre-Trial or Status Conferences?
Pre-Trial and Status
Conferences are scheduled upon the receipt of the appropriate
motion.
Pre-Trials are
scheduled pursuant to Article 10.1. All discovery must be
completed in order to receive a trial date. If discovery is
complete both (all) attorneys must be present to choose a trial
date.
Status Conferences are set
pursuant to Motion to Set Status Conferences. The Motions to Set for
Status Conference shall set forth with specificity the reasons a
conference is needed. This conference is conducted by the
Judge. All counsel should be present to discuss the matters at
issue.
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Must all
discovery be completed before a case is set for trial?
Yes, all discovery
must be complete before trial. The Pre-trial Order is strictly
enforced. The parties must file a motion to set trial.
How do I get a
case set for trial?
Fill out a Motion to
Set for Trial form and submit it. The court will schedule a
Pre-Trial Conference date. At the conference,
all discovery must be complete in order to choose a trial date.
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Has service
been made in my Rule, Trial, Petition, etc.?
That information can
be answered by the Civil Sheriff's Office at 523-6143.
What is my
position on the Trial Docket?
On the morning of
trial, at 9:00 a.m., the Judge will pre-try all remaining cases on
the docket, if necessary. However, attorneys should make use of Rule
dates to efficiently dispose of preliminary matters.
At the
conclusion of such, the Court will make a determination as to which
case will proceed to trial. As a result, there are no first
settings; however, cases that have been continued by the Court will
receive a priority setting once it is re-set.
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What is my
position on the Rule Docket?
A position number will
be issued for rules set by the Law Clerk on a first-filed basis.
All attorneys must sign in by 9:00 a.m. The Rule Docket will be
called first. If no one has signed
the Rule Docket and/or is not present at the time the docket is
called, the matter will be dismissed without prejudice for
non-appearance of the parties.
What time are
trials set?
9:00 a.m.
What time are
rules set?
9:00 a.m. promptly, at
which time the Judge will call his entire Rule Docket.
I need to
continue a Rule, what should I do?
Generally,
continuances of any kind are preferred in writing and should be
filed within a reasonable time. In order for a Rule to be continued
with date, the party requesting the Rule must submit written
confirmation that the adverse parties have been contacted and have
no objection to the continuance. If there is opposition, the Rule
will be heard. The motion must state the reasons for the continuance
and note objections or consent. No Rule will be continued with a
date over the telephone, even on the date of the Rule.
The party
requesting the continuance should also file a Motion to Re-Set and
indicate service instructions. If service is to be held, please note
on pleading "Service Waived" or "Notice Waived".
Only the person
requesting the Rule may continue it without date over the
telephone.
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I need to
continue a Trial, what should I do?
The Judge always
requires a written Motion to Continue a trial. The motion must
contain a brief reason as to why the continuance is being sought,
whether this is the first request for a continuance, and whether
opposing counsel objects to the continuance. Denial or granting of
continuances are within the sole discretion of the Judge.
If the
continuance is contested, the Court will hear the motion to continue
the morning of the trial.
Do I have to submit a
Quantum Memorandum before a settlement conference date?
Yes, a quantum
memorandum is due in the division, not the Clerk's office, 48 hours
before the settlement conference date. The Court reserves the right,
in accordance with the Civil Code, to sanction attorneys and/or deny
their right to a conference for lack thereof.
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How much does
it cost to file a Petition, Rule, etc?
All matters relating
to court costs are to be directed to the Clerk's Office at (504)
592-9100. All matters relating to service costs are to be directed
to the Civil Sheriff's Office at (504) 523-6143.
What is the
Judicial Interest Rate for this (or last) year?
Contact the Clerk's
Office at (504) 592-9100 - or see the
Interest
section of the Court's website.
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