RULE 56. SUMMARY JUDGMENT (c) Motion and Proceedings. (1) A copy of the summary judgment motion and all supporting documents shall be delivered, on the date of filing, to the presiding judge. (2) Any motion for summary judgment or responsive pleadings to such a motion shall list and identify all evidence the court shall consider. Where depositions or interrogatories are a part of the evidence relied upon, the attorney's affidavits, briefs, and arguments must quote the portions applicable or the attorney must attach copies of applicable pages of depositions or interrogatories. (3) Summary judgments shall be heard during the court's regularly scheduled civil motion calendar; PROVIDED, if the attorneys anticipate that the matter may exceed one (1) hour, the matter must be noted on the trial assignment docket for a special set time. (4) Cross-motions for summary judgment will be treated as a new motion for summary judgment. Unless otherwise agreed to by the parties the timeline for the cross motion shall be in accordance with CR 56 and the first filed motion for summary judgment will proceed as scheduled except as otherwise ordered by the court. (5) Any material offered at a time later than required by this Rule over objection of an attorney shall not be accepted and considered by the court except upon the imposition of appropriate terms, including the right to a continuance if requested. (6) The attorney for the moving party (whether original motion or cross- motion) shall notify the clerk of the court no later than Thursday noon preceding the date set for hearing and advise whether the motion will in fact be argued. If such notification is not timely made, the motion will be stricken for resetting. [Amended effective September 1, 1995; September 1, 2002; September 1, 2012.]
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