LCRLJ 40 - Assignment of Cases

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(2) Methods.

(a) Notice to Set for Trial. A party desiring to place a case on the trial readiness calendar shall file a “Notice to Set for Trial” on a form prescribed by the Court.

(b) Certification.  By filing a Notice to Set for Trial, a party certifies that the case is fully at issue with all necessary parties joined, all anticipated discovery has been or will be completed before trial and all other counsel have been served with a copy of the Notice.

(c) Response to Notice to Set for Trial.  A party who objects to a case being set for trial, or who otherwise disagrees with the information on the “Notice,” shall file and serve a “Response to Notice to Set for Trial” on a form prescribed by the Court within 10 days of the date of mailing or personal service of the “Notice.”  (See attached.)  The Response shall be noted for hearing the objection not more than 25 days after the date of mailing or personal service of the “Notice to Set for Trial.”  No response is necessary if the party agrees with the “Notice to Set for Trial.”

(d) Call for Trial.  Any case placed on the readiness calendar will be subject to call for trial to be assigned a specific date for trial.  The Court will give reasonable notice of the trial date assigned.

(e) Continuances.  When a case has been called from the readiness calendar and set, it shall proceed to trial or be dismissed, unless good cause is shown for continuance, or the Court may impose such terms as are reasonable and in addition may impose costs upon counsel who has filed a Notice to Set for Trial, or who has failed to object thereto and is not prepared to proceed to trial.  No request for continuance, including stipulated motions, will be considered without an affidavit giving the particulars necessitating a continuance in accordance with CRLJ 40(d) and (e).  Continued cases may be removed from the trial calendar at the discretion of the court and, if removed, will be re-calendared upon filing a new Notice to Set for Trial.