RULE 40. ASSIGNMENT OF CASES (g) Trial Setting Notice. A notice of trial setting shall contain at a minimum, information of the nature of the matter to be set, the names and addresses of all lawyers involved, and the party each other lawyer represents, a statement of arbitrability (see LMAR2(a)) and shall be signed by the lawyer filing it, with the designation of the party (s)he represents. Proof of service of the trial setting notice shall be filed with the clerk by the movant prior to the time of trial setting. The trial setting notice shall be in a form approved by the court. (h) Trial Setting. (i) No cause appearing on the assignment calendar will be set for trial unless there is a response filed and unless at least one of the lawyers of record either personally appears or contacts the court on or before the commencement of the calendar. In the event one or more attorney to the cause fails to appear for trial setting, after being given proper notice of the application by the movant, and without advising the court, orally or in writing, of non- available trial dates, the trial date(s) assigned shall be maintained, unless the previously non-appearing attorney alone moves the court for reassignment, in which event the cause may be reassigned if good cause therefore is shown, and subject to whatever reasonable terms may be applied by the court. If no attorney appears for the assignment, the assignment request will be stricken. EXCEPT: An attorney may have trials set without personal appearance provided they furnish a letter to the file indicating their intention not to personally appear and suggesting time preferences, restrictions, estimated length or other relevant information. (ii) If a case is set for trial then written confirmation must be made to the court administration seven (7) business days before the date of trial or the trial date will be stricken without notice to the parties. (i) Notice of Settlement or Change. Whenever a cause has been set for trial and thereafter is settled or will not be tried for any reason, or if a jury is thereafter waived, notice (available from the superior court administration) shall immediately be given to the court and the clerk. In the event of a violation of this Rule, the court may, in its discretion, assess actual costs incurred, as a result of the violation, plus such other sanction as appears appropriate against the offending attorney. (j) Call Calendar. (1) The causes appearing on a motion docket shall be called and the movant, if no one appears in opposition, may take the order moved for if approved by the court. If no one appears for a motion or petition, it shall be deemed waived and stricken. (2) A party or his/her attorney may appear on any civil or domestic relations motion calendar via CourtCall® (go to www.courtcall.com), except a party who has been properly served with an order to show cause or other order requiring his/her personal appearance. The responding party in that circumstance must appear in person unless otherwise ordered by the court. [Amended effective September 1, 2002; September 1, 2005; September 1, 2006; September 1, 2012.]
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