Eighth Judicial Court Rules

Rule 2.22 – Motions; appearance of counsel and stipulations for extension of time.

Rule 2.22. Motions; appearance of counsel and stipulations for extension of time.

  • (a) Unless the date for the hearing of a motion is vacated or continued as provided in these rules, counsel for all parties to the motion must appear on the date and at the time set for hearing.

    (b) Counsel may not remove motions from the calendar by calling the clerk’s office or the judge’s chambers. If the date for the hearing of the motion has been noticed by counsel, all interested parties to the motion may file a stipulation and order to vacate or continue the hearing of the motion. Written stipulations and orders must be filed not less than 1 full judicial day before the hearing date. Unless otherwise directed by the court, if the stipulation is not in writing, counsel for movant must appear at the hearing to present the oral stipulation. A hearing date which has been vacated or continued by stipulation and order may only be reset by stipulation and order or with a new notice of motion setting the same for hearing not less than 7 days from the date the new notice or stipulation is filed.

    (c) All interested parties to a motion may stipulate to continue the day fixed for the filing of an opposition or reply thereto. Such stipulation is ineffective unless it:

    (1) Is in writing,

    (2) Is filed with the clerk before the day fixed for filing the opposition or reply, and

    (3) Contains an agreement and order extending the date for the hearing of the motion not less than the number of days granted as a continuance for the filing of the response or reply.

    (d) When it appears to the court that a written notice of motion has been given, the court may not, unless the other business of the court requires such action, continue the matter specified in the notice except as provided in this rule or upon a showing by motion supported by affidavit or oral testimony that such continuance is in good faith, reasonably necessary and is not sought merely for delay.

    [Amended; effective June 18, 2010.]