Warren Circuit Court Pre-Motion Conference Requirements

CRITICAL

Counsel or a designated assistant must be available for the Scheduling Conference; otherwise, the motion will be denied.

in advance of the scheduling hour. Failure of counsel or designated assistant to be available for the Scheduling Conference will result in the Motion being denied.

CRITICAL

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

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

CRITICAL

Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the discovery dispute and may file only if they cannot resolve it.

Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute may a motion to compel discovery, or for a protective order, or for sanctions, be filed pursuant to CR 26 and 37.

CRITICAL

Contested domestic relations motions requiring evidentiary hearings, except motions for Rule of Contempt, must be set for a weekly scheduling conference; for good cause, counsel or an authorized assistant may attend by telephone.

Those contested domestic relations motions requiring an evidentiary hearing, with the exception of Motion for Rule of Contempt (see WFCR 703C.(9)), shall be noticed and set for a scheduling conference during the weekly motion scheduling docket. The weekly scheduling docket in Warren Circuit, Division III, shall be each Wednesday at 1:00 p.m. The weekly scheduling docket for Warren Circuit, Division IV, shall be each Tuesday at 1:15 p.m. For good cause, counsel or counsel's authorized assistant may attend the scheduling conference telephonically, at which time the motion requiring an evidentiary hearing shall be set for evidentiary hearing.

WARNING

Motions noticed under CR 78(2) should generally be limited to non-dispositive matters that can be decided without oral argument, though such notice may be appropriate for certain dispositive matters, such as mortgage foreclosures.

Motions noticed under CR 78(2) should be limited to non-dispositive matters which can be acted on by the court without oral argument. However, notice under CR 78(2) may be appropriate in certain dispositive matters such as mortgage foreclosures.

WARNING

A Rule of Contempt hearing must be scheduled for the Motion Hour docket.

The hearing shall be scheduled for the "Motion Hour" docket, see Rule WFCR 202B.

INFO

A movant may use CR 78(2) to seek determination of a motion without an oral hearing based on brief written statements in support and opposition.

A movant may bring a motion under the provisions of CR 78(2) which makes provision for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition .