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Rule 5-9. Motions

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   A. Motions Defined. For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by a judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments and bond reviews, sentencings, hearings on appeal, and orders to show cause, are motions.

   B. Hearing. All motions shall be heard on the motion/service day following the expiration of 10 days after filing. With the consent of the court, motions may be specially noticed for hearing on other days. Hearing on a motion may proceed ex parte if the adverse party fails to appear and contest the same. Either party may submit a memorandum brief and shall thereupon serve a copy thereof upon the adverse party.

   C. Motion/Service Days. Motion/Service days for each county shall be held as reflected by the annual published schedule prepared for each county by the judge or the judges assigned to that county.

   D. Continuances. Hearings on motions may be continued by the court upon motion for continuance duly made with a showing of good cause therefor.

   E. Content of Calendar. The clerk of the district court of each county shall maintain a motion/service day calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney, the clerk shall place the words "Pro Se" in the blank applicable to that party), and the date and time assigned for hearing. The calendars produced by use of the JUSTICE system satisfy this rule.

This page was last modified on Wednesday, July 24, 2013