Logan Circuit Court Pre-Motion Conference Requirements

CRITICAL

Before filing a motion for emergency or ex parte relief with the Circuit Clerk, the movant's attorney must first present a proper motion and tendered order directly to a judge; if the Circuit Judge is absent from the county, submit the order to an alternate judicial officer specified by the civil rules.

No motion for emergency or ex parte relief shall be filed with the Circuit Clerk unless a proper motion with a tendered order has been first presented directly and personally (telephone and/or facsimile communications are acceptable) to a judge by the attorney for the movant. The civil rules specify alternate judicial officers to whom the order shall be submitted if the Circuit Judge is not present in the county.

CRITICAL

Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.

Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.

CRITICAL

Counsel must confer with opposing counsel about the hearing date and time and file written notice pursuant to the Civil Rules.

Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.

WARNING

The following are examples of motions which should not be filed under CR 78(2): Motions concerning contested discovery matters; motions for contempt or requesting sanctions; motions to set a case for trial or to schedule hearings on specific dates; motions to schedule deadlines.

The following are examples of motions which should not be filed under CR 78(2): Motions concerning contested discovery matters; motions for contempt or requesting sanctions; motions to set a case for trial or to schedule hearings on specific dates; motions to schedule deadlines.

INFO

A party opposing a CR 78(2) motion may request an oral hearing in the response and schedule it on rule day.

Should the party opposing the motion under CR 78(2) wish to have an oral hearing on the question, he may in his response so state and schedule a hearing on rule day as set forth above.