Grant Superior CourtLCR 60. MOTIONS FOR REVISION (a) Deadline for Hearing Motion. A motion for revision of an order entered by the Court Commissioner must be filed with the Clerk within ten (10) days of the entry of the order from which the motion arises. At the time it is filed, a motion for revision shall be noted for hearing on a normal Friday motion docket. A revision motion not heard within thirty (30) days after filing shall be deemed denied unless the court extends such time for hearing for good cause. (b) Form of Motion. The motion must clearly identify the order from which revision is sought, specify those portions of the order allegedly in error, identify the documents that were submitted to the court commissioner for hearing on the ruling from which revision is requested, and include a summary of the legal and factual grounds upon which the moving party relies. A copy of the order from which revision is sought, along with a copy of all documents relied upon by the commissioner, shall be submitted at the time the motion for revision is filed. (c) Transcript Required. At least five (5) court days before the hearing on the revision motion, the moving party shall file a transcript of the hearing before the commissioner, serve a copy on all opposing parties, and provide a copy to the judge who will hear the motion. The person preparing the transcript shall certify, under penalty of perjury, that it is an accurate transcription of the record. (d) Confirmation. Motions for revision must be confirmed with the Court Administrator not later than four (4) court days before the date and time set for the hearing. Once the hearing is confirmed, the motion may not be stricken or continued without approval of the judge assigned to hear the motion. The court shall strike unconfirmed motions from the calendar. (e) Stay of Commissioner's Order. The filing of a motion for revision does not stay the Commissioner's order. The moving party may seek a stay of said order from the commissioner who signed the order. Click here to view in a PDF. |
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