LCRLJ 40.  ASSIGNMENT OF CASES

     (b) Methods.

     (1)  Note for Trial Setting.  Any party desiring to bring
     any issue to trial may note the matter on the civil motion
     calendar.  The Court Administrator shall schedule all trial
     dates. The party desiring to set a civil case for trial
     shall file with the Court and serve upon the opposing party
     a Note for Trial Setting which will include not less than
     three (3) proposed dates during which the matter can be
     tried.  If any of these proposed dates are satisfactory to
     the opposing party, he or she will notify the Court
     Administrator within five (5) days of receiving the Note for
     Trial Setting and trial shall be set for that date.

     (2) Attendance at Trial Setting - Contested Setting.   If
     setting of trial date is contested, the trial setting shall
     be presented to the court for assignment of trial date.

     (3) Stipulation for Trial Date.  At any time that all
     counsel can agree on an available trial date from the
     calendar, they can indicate their agreement to the clerk of
     the court on the Note of Trial Setting form.

     (4) Priority Setting.  To obtain a priority civil setting,
     the requesting party shall note the matter for trial
     setting, as set out above, indicating that a priority
     setting is requested. Any priority setting shall be
     supported by an affidavit which sets out the basis for the
     request. No case shall be set as a priority without court
     order.

     (5)  When a case is not tried on the date set, the parties
     are responsible for renoting the matter for trial setting.

     (e) Continuances.

     (1)  Trials - Written Motion.  All requests for a continuance
     shall be presented by written motion and affidavit after notice
     to the opposing party or by stipulation and agreed order.  If
     there is no agreement by the parties, the court will grant a
     continuance only upon a showing of good cause.  Twenty-four (24)
     hours prior notice to the opposing party will meet the
     requirements of this subsection. Except where the case has been
     preempted or where the order of continuance recites the new trial
     date, no case will be reset until the order of continuance has
     been filed.

     (2)  Good Cause.  The following shall be examples of good
     cause:

          (i)    Illness.
          (ii)   Unavoidable, unforeseen conflicts.
          (iii)  Unforeseen unavailability of witnesses.
          (iv)   Lack of discovery when caused by the opposing party's
                 conduct or newly discovered evidence requiring investigation.

     (3)  Payment of Terms and Costs.  If a continuance is granted it
     shall be upon the condition that the moving party shall pay all
     appropriate costs and terms reflecting inconvenience to others
     occasioned by the continuance.

     (4)  Emergency Suspension.  The court may, in cases of emergency,
     suspend the requirements set forth in this rule and require such
     verification as is reasonable.

     (g)  Motion Setting - Civil.

     (1)  Filing Note for Hearing.  The Note for Hearing - Issue
     of Law must be served and filed no later than ten (10) days
     prior to the hearing (CRLJ 6 and CRLJ 40).  Any responding
     documents must be served and filed at least seven (7) days
     before the hearing.  Reply documents must be served and
     filed at least two (2) days before the hearing.  In the
     event a motion, or one continued from a prior date, is to be
     argued, counsel for the moving party shall notify the
     District Court Civil Clerk by 12:00 Noon, two (2) days
     before the hearing.  Failure to comply with the provisions
     of this rule shall result in the motion being stricken from
     the motion calendar.

     (2)  Motion Setting - Summary Judgment.  Motion for summary
     judgment and dismissal must be served and filed at least
     twelve (12) days prior to the hearing (CRLJ 56) and heard at
     least two (2) weeks prior to the date the case is set for
     trial.  The motion shall be set in accordance with the
     provisions of paragraph (b) above; and a continuance may be
     granted only in accordance with the provisions of paragraph

     (e) above.

     (3)  Filings of Motions.  Memoranda and Affidavits -
     General.  The moving party shall file with the Note for
     Hearing-Issue of Law form, the following:  The motion being
     noted, all supporting affidavits and documentary evidence,
     and a brief memorandum of authorities, unless the legal
     position is fully and adequately covered by the
     "authorities" section of the issue of Law form.  If the
     responding party files a response to the issue of law, or
     any counter-affidavits, briefs, or memoranda of authorities,
     such document must be served and filed no later than five

     (5) days before the hearing.  The responding party must also
     file any pleading to which the motion is directed.  Failure
     to timely comply with these filing requirements may result
     in a continuance or the motion being stricken from the
     calendar and imposition of terms.

     (4)  Length of Memoranda.  Memoranda relating to motions
     shall not exceed fifteen (15) pages.  Attached copies of
     foreign and federal decisions are not included in the
     fifteen (15) page limitation.  Waiver of page limitations
     may be granted only upon motion demonstrating good cause
     which may be heard ex parte.

     (5)  Copies of Motions, Memoranda and Affidavits.  A copy of
     the motion, brief, memorandum, documents and affidavit shall
     be furnished to the Clerk at the time of filing for delivery
     to the assigned Judge for preparation.  Responding briefs,
     memoranda and other documents shall be filed with copies
     provided for the preparation of the assigned Judge.  Failure
     to comply with this requirement may result in a continuance
     and imposition of terms.

     (6)  Motion Hearing Procedures.  Oral argument on motions
     shall be limited to ten (10) minutes for each side unless
     the Judge determines otherwise, in which case the motion may
     be placed at the end of the calendar.