RULE 7.
PLEADINGS ALLOWED; FORM OF MOTIONS
(b) Motions and Other Papers.
(1) How Made.
(A) Application on Same Facts. When an order has been refused in
whole or in part (unless without prejudice) or has been granted conditionally
and the condition has not been performed, the same application for an order may
not be presented to another judge.
(B) Subsequent Application, Different Facts. If a subsequent
application is made upon an alleged different state of facts, it must be shown
by affidavit that previous application was made, when and to what judge, what
order or decision was made on it, and what new facts are claimed to be shown;
and for a failure to comply with this requirement, any order made upon such
subsequent application may be set aside, and appropriate sanctions applied.
(C) Request for Bench Warrant. In all supplemental proceedings
wherein an order is to be issued requiring the personal attendance of a party
to be examined in open court, and in orders to show cause for contempt, the
order shall be certified and personally served on that party and must include
the following words, in capital letters:
YOUR FAILURE TO APPEAR AS ABOVE SET
FORTH AT THE TIME, DATE AND PLACE
THEREOF WILL CAUSE THE COURT TO ISSUE A BENCH
WARRANT FOR YOUR APPREHENSION AND CONFINEMENT
IN JAIL UNTIL SUCH TIME AS THE MATTER CAN
BE HEARD OR UNTIL BAIL IS POSTED.
No bench warrant will be issued in such cases for the apprehension of the
cited person if said language has been omitted.
(D) Affidavits. Affidavits must be made on personal knowledge, and
affidavits containing the personal knowledge of a party must be signed, under
oath, by that party, not by the attorney.
[Amended effective September 1, 2012]
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