LCR 40
TRIAL SETTING
A. Trial Setting. Civil cases may be noted for trial setting after the
issues are joined. Criminal cases will be assigned a trial date at the time of
arraignment.
1. Note for Trial Setting.
a. Anyone desiring to bring any issue to trial shall note the matter on
the trial setting calendar. (Use Exhibit A.)
b. Counsel are required to ascertain from the Court Administrator the
available trial date(s).
c. Counsel are also required to inform the Court Administrator of their
available and unavailable dates.
d. Counsel must estimate the length of time needed for trial. Because
the court trial calendar is preset, cases will not be permitted to continue
beyond the time estimated for trial. If the non-setting parties do not agree
with the estimate in the note up notice, they must file their own estimate
before the trial setting date. Estimates shall include the total time for
trial, not just one side.
2. Presence of Counsel. All trial dates will be assigned by the Court
Administrator or the Court. If counsel previously have provided the Court
Administrator with available and unavailable dates as required above and are
otherwise agreeable to a setting on any particular date, then counsel's
presence at the trial setting may be waived.
3. Visiting Judge Required. The Court shall be notified at the time of
trial setting if an attorney is a party or a witness in any matter before the
Court or of any other matter needing a visiting judge. If such notification is
not provided, the case will lose any priority it may otherwise have had.
4. Continuances. Continuances of trial may not be granted by the court
except for good cause shown after hearing on the motion filed by the party
seeking the continuance, or by motion of the court. In the event good cause is
shown and the court grants a motion for continuance, the case will be
rescheduled by the Court Administrator and given the priority of a new case (in
other words, the case loses any priority it had). In the event the court
strikes the trial date on its own motion due to calendar congestion, the case
shall receive a priority trial setting.
B. Special Settings. Any civil motions or other matters requiring a
special setting will be set by the Court Administrator.
C. Mental Illness Hearings. Mental illness hearings will be set for
hearing by the Court Administrator.
D. Change of Judge; Affidavit of Prejudice. Cases will be assigned to a
judicial department under the direction of the presiding judge for the county.
In all cases, parties shall be notified of the assignment upon the issuance of
the Scheduling Order. That assignment shall serve as a pre-
assignment/assignment for purposes of change of judge pursuant to CrR 8.9, CR
40, and RALJ 3.2(c). The presiding judge shall notify the local bar when
changes in judicial assignments occur.
E. Notice to Court of Calendar and jury Trial Changes. 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 shall immediately be given to
the Court Administrator so the case may be removed from the court's calendar.
F. Domestic Relations-Case Management.
1. Settlement Conference. At the time the Court Administrator sets the
case for trial, the Administrator shall also set a date and time for a
settlement conference which shall not be earlier than 10 days from the date of
notification and not later than 10 days prior to trial. After the settlement
conference has been set, the parties, through written agreement or the court,
after a motion made by one of the parties, may strike the settlement conference.
2. Support Modifications. All support modifications will be noted for
hearing on the regular motion day. The support modification hearing will be
heard by affidavit only, 10 minutes per side for argument. If a party desires
live testimony, the request shall be made by motion and allowed by the court in
its discretion. After the affidavits and/or financial information have been
provided in accordance with the state statutes on child support modification,
either party may note the matter for hearing on the regular motion docket.
Settlement conferences are not required for support modification.
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