Hopkins Circuit Court Pre-Motion Conference Requirements

CRITICAL

The parties and their attorneys must make a good-faith effort to resolve discovery disputes by agreement.

a good faith effort to resolve, by agreement among them, any disputes that arise A. Motions to Comply or Compel. The parties and their attorneys have a duty in the course of discovery.

CRITICAL

A discovery motion may not be filed or heard without an appended or included counsel certificate confirming consultation, unresolved differences, and exhaustion of extrajudicial efforts.

No motion pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that s/he has conferred with opposing counsel, that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

CRITICAL

A movant may elect the CR 78(2) procedure, under which the Court may routinely grant the motion ten days after filing absent an objection or response; an opposing party may request an oral hearing in its response and must then have the motion set on the motion docket.

A movant at his or her option may bring his/her motion under the provisions of CR 78(2) which, it will be recalled, makes provisions for determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).

WARNING

A movant may elect the CR 78(2) procedure for decision without an oral hearing; the motion may be routinely granted ten days after filing absent an objection or response, and an opposing party seeking an oral hearing must say so in the response and set the motion on the motion docket.

A movant at his or her option may bring his/her motion under the provisions of CR 78(2) which, it will be recalled, makes provisions for determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).