Eighth Judicial Court Rules

Rule 5.11 – Law and motion; oral argument; requirement to attempt resolution.

Rule 5.11. Law and motion; oral argument; requirement to attempt resolution.

  • (a) Before any family division motion is heard by the court, the movant must attempt to contact and communicate with the other party’s counsel, or that party if unrepresented, in an attempt to resolve the issue or issues in dispute without the necessity of court intervention. Failure to comply with this provision may result in sanctions being imposed against the movant and an award of attorney’s fees and costs to the non-movant if the issues would have, in the opinion of the court, been resolved if the movant had attempted to resolve the issues prior to the hearing.

    At the time of filing, the motion or countermotion will be calendared for a date and time on the court’s law and motion calendar. Under the date and time of hearing on a motion or countermotion will be typed “ORAL ARGUMENT REQUESTED: Yes………. No……….” The movant will check either Yes or No to indicate whether or not oral argument is requested.

    (b) If the movant has set a motion or countermotion for hearing and the non-movant does not file an opposition or response in a timely manner pursuant to these rules, the movant may file a Request for Submission on a form approved by the court. A proposed order will be submitted therewith. The Request for Submission must state the date and time of the hearing previously set and must request the same be vacated. Upon receiving the Request for Submission, the judge assigned the case will sign the proposed order unless it is clearly erroneous, if the court lacks jurisdiction to do so, or the court determines the interests of justice or the best interest of the parties’ child(ren) would not be promoted by granting the request. The proposed order must set forth the previously set date and time of oral argument and vacate the same.

    (c) If the respondent files a timely response, opposition or defense to the motion or countermotion pursuant to these rules, the movant may file a timely reply to the same pursuant to these rules. No additional papers may be filed by or on behalf of either party without leave of the court.

    (d) Whether a case is set for oral argument or not, the family division motions must comply with the requirements of all of the applicable rules of the Eighth Judicial District Court, including, but not limited to, Rule 2.20, to the extent they are not inconsistent with any requirement of Rule 5 in which case the requirement of Rule 5 will prevail.

    (e) The court may issue its decision on the papers without oral argument as provided by Rule 2.23. In its discretion, the court may permit oral argument on motions not related to the custody of or visitation with a child. The court may issue its decision in open court at the commencement of the hearing, in open court after oral argument, or issue its decision at a later time.

    [Amended; effective August 21, 2000.]