Eighth Judicial Court Rules

Rule 5.25 – Motions; contents; responses and replies.

Rule 5.25. Motions; contents; responses and replies.

  • (a) Rule 2.20 applies to motions and responses filed in the family division.

    (b) Factual contentions involved in any family matter must be presented to the judge or master as provided in Rule 2.21.

    (c) Visitation issues raised in a paternity case may be considered at the paternity hearing immediately following a recommendation of paternity. Any custody dispute, or visitation dispute arising after the hearing when paternity is established, must be brought by written motion and randomly assigned for hearing by a trial judge designated to hear such matters. Paternity cases brought by private parties with the assistance of private counsel or in proper person will be randomly assigned to a trial judge upon being filed and thereafter all issues in the proceedings, including the establishment of paternity, will be the responsibility of the assigned trial judge.

    (d) A courtesy copy of all pleadings and papers shall be delivered to the court by dropping the copies into the departmental drop box provided by the court on the same date the document is filed.

    (e) Subject to the provisions of Rule 5.11, family motions may be set for hearing before a judge Monday through Thursday at 10:00 a.m. or 11:00 a.m. subject to time availability. Family motions may also be set for hearing at other times at the discretion of the judge.

    (f) If all the trial judges in this district are disqualified from hearing a case, a notice of motion must state: “Please take notice that the undersigned will bring the above motion on for hearing before a visiting or senior judge at such time as shall be prescribed by the court administrator.”

    [Amended; effective August 21, 2000.]