RULE 40.
                     ASSIGNMENT OF CASES


     (b)  Method.  The Court Administrator shall schedule
all trial dates.  The moving party shall serve and file a
request for a trial setting substantially in the form set
forth at the end of these civil rules.  The opposing party
shall serve and file a similar request.  If no response is
received by the Court Administrator within 10 days from
receipt of the moving party's request, the Court
Administrator will schedule the trial.  The initial request
for trial setting shall be accompanied by a list of the
names and addresses of all persons entitled to notice.  All
parties have the obligation to inform the Court
Administrator promptly of any errors or changes in this
list.  It is the responsibility of all sides to a lawsuit as
well as the court, to set a case to be tried within the
"Advisory Case Processing Time Standards."  The court may
enter appropriate orders to insure that all cases are
resolved within those time standards.

     (1)  Scheduling Orders.  If no agreed scheduling order
is filed within sixty days after the trial date is assigned,
the Court Administrator, under the supervision of the court,
may set a scheduling order for the case.  The scheduling
order should  include dates for the disclosure of primary
witnesses and rebuttal witnesses. Other provisions may be
required on a case by case basis.
This pretrial schedule may be amended in writing by the
mutual agreement of the parties.

     (i)  Disclosure of Primary Witnesses.  The date by
     which each party shall have disclosed all persons
     with relevant factual or expert knowledge whom the
     party intends to call at trial.

     (ii) Disclosure of Rebuttal Witnesses.  The date by
     which each party shall have disclosed  all persons
     whose knowledge did not appear relevant until the
     primary witnesses were disclosed and whom the party
     reserves the option to call as witnesses at trial.

     (iii)     Scope of Disclosure.  Disclosure of witnesses
     under this rule shall include the witnesses name,
     address, and phone number, along with a brief
     description of the witnesses relevant knowledge.
     Disclosure of expert witnesses shall also include a
     summary of the expert's opinions and the basis
     therefore and a brief description of the expert’s
     qualifications.

     (iv) Exclusion of Testimony.  Any person not disclosed
     in compliance with this rule and a scheduling order may
     not be called to testify at trial, unless the Court
     orders otherwise for good cause and subject to such
     conditions as justice requires.

     (v)  Discovery not Limited.  This rule does not modify
a party's responsibility to seasonably supplement responses
to discovery requests or otherwise to comply with discovery
before the deadlines set by a scheduling order.

     (d)  Trials.

     (1)  Trial Briefs.  Trial briefs shall be filed and
served in all cases.  The original copy shall be filed with
the Clerk, with one copy to the Judge and one copy to each
opposing party.  Plaintiff's brief shall be served and filed
not less than four days before the trial and Defendant's
brief by noon of the court day before the trial.  If a party
serves a brief on the court, copies of the brief shall be
promptly served on all parties.

     (2)  Jury Trials.  Counsel shall report to the Judge at
least one-half hour before the scheduled beginning of a jury
trial and provide the Judge with a written list of the names
and city of residence of witnesses and general voir dire
questions to be asked of the jury.  Counsel shall be
prepared to present any final pretrial matters to the court.
Pretrial matters requiring argument shall be noted for
hearing prior to the morning of the trial.  Jury trials
should be conducted with minimal interruptions of the jury's
time.  To this end, matters which need to be heard outside
the presence of the jury should be anticipated so that they
can be considered during jury breaks or before or after the
jury's day.  Unless otherwise ordered or agreed, plaintiffs
shall occupy the counsel table closest to the jury.

     (e)  Continuances.  Motions for trial continuances
shall be in writing.  Continuances of trials may be granted
only by a judge in writing for good cause shown.
Continuances shall be to a date certain.  Ordinarily no
trial shall be continued for a trial beyond the "Advisory
Case Processing Time Standards" time periods.

     (g)  Preassignment of Cases.

     (1)  By the Court.  The Judges may select those cases
deemed appropriate for preassignment due to length of trial
or complexity of issues.

     (2)  By Motion.   The parties by stipulation may
request that a case be preassigned, or any party may place a
motion for preassignment upon the appropriate motion
calendar.

     (3)  Discretionary Act.   Preassignment of cases is a
discretionary act.  Affidavits of prejudice against the
assigned judge which are not based on actual cause will be
deemed waived  unless filed before preassignment.

     (4)  All Matters to be Heard by Preassigned Judge.
After selection of the trial judge in the preassigned case,
the trial, all motions, conferences and other matters and
proceedings, except settlement conferences, should be heard
before that Judge, if available.

     (h)  Notice to Court of Calendar and Trial Changes.
Whenever a cause which has been set for trial is settled or
will not be tried for any reason, or if a jury is
subsequently waived, the attorneys shall immediately give
notice to the Court Administrator.  If it becomes apparent
that the time allocated for a trial will not be adequate to
complete the trial, the parties shall promptly notify the
Court Administrator of that fact and of the time necessary
to complete the trial.  The court may assess actual costs or
other sanctions for a violation of this rule.