RULE NO. 5 HEARING ON MOTIONS All non-trial motions shall be filed, served and noted for hearing at least six days prior to the date specified for the hearing. Except as specially approved by the Court, all motions will be noted for hearing on the days and time listed in Rule No. 2. No pre-trial motions shall be heard or noted for hearing on the trial date. The defendant must be present at the 3.5 hearings. 3.5 hearings or 3.6 hearings shall be heard only upon 6 (six) court days notice with a designation of the officer(s) who may be required to testify, unless the Court authorizes otherwise. Motions shall be set forth in writing with a memorandum of points and authorities and an affidavit setting forth specifically the facts which counsel expects to elicit at a hearing. Failure to comply with this rule will result in the Motion being stricken from the calendar. Pre-trial hearings for admission of non-testimonial motions (Crawford/Davis Hearings) and motions for admission of evidence under 404B are heard the Wednesday before Jury Trial and noted on the confirmation calendar unless earlier set with Court approval. The defendant must be present for this hearing. (Adopted effective date September 1, 2010)
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