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Rule 10-10. Case Progression

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   A. The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of “reasonable notice” (unless a longer period is required by a specific statute):

   1. Five (5) working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   2. Thirty (30) calendar days from date of service for contempt actions;

   3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.

Where notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that “reasonable notice” has been given. Period of service will be considered waived when party to be served appears in person or by attorney without making specific objection to the period of service.

   B. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 4 months. An order may then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

This page was last modified on Friday, November 9, 2012