Caldwell Circuit Court Pre-Motion Conference Requirements

CRITICAL

In civil cases, counsel must make a good-faith effort to resolve discovery disputes by agreement before moving the Court for discovery relief.

Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.

CRITICAL

A motion to set a case for trial may not be brought under CR 78(2).

A motion to set a case for trial shall not be brought under CR 78(2).

CRITICAL

Motions other than default judgment motions must proceed under CR 78(2) or be specifically noticed for a scheduled Rule Day or arranged date; noncompliant motions may be considered defective and void.

Motions, other than for Default Judgments, shall be filed under CR 78(2) or specifically noticed for a scheduled Rule Day or arranged date. Motions which are not in compliance with one of these provisions may be considered defective and void.

WARNING

Motions to alter, amend, reconsider, or vacate are decided on the record without a hearing unless the Court gives prior approval upon good cause shown.

Unless prior approval is given by the Court upon good cause shown, all motions to alter, amend, reconsider or vacate will be decided on the record without benefit of a hearing.

INFO

The Court may schedule a hearing for any motion filed under CR 78(2).

The Court may, at its discretion, schedule a hearing for any motion filed under CR 78(2).