Judge Scott A. Say
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- With the Court’s leave, an agreed continuance may be granted without a written motion; other continuances require good cause shown by written motion supported by affidavit.
- The party filing a motion for continuance is responsible for obtaining a hearing on it in a timely fashion.
- An attorney seeking a continuance because of a conflicting trial must furnish the Court and opposing counsel a motion identifying the other court, case, setting time, and date the conflict was set.
- +1 more
Request must include
Document Format Requirements1 rule
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than ten (10) working days prior to commencement of voir dire examination.
Document Filing Requirements20 rules
All motions for continuance shall contain a certificate of conference that the request has been discussed with all opposing parties or counsel and that such motion is agreed or opposed.
- Document
- Continuance motion
Must include
- •Certificate of conference
All agreed orders or judgments shall be approved as to form by all counsel and/or pro se parties.
Default judgments shall be approved as to form by counsel.
An earlier jury-trial setting request must certify discovery completion, payment of the jury fee, and filing of a jury demand.
Court's wording
b. Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
A written request for a setting must be addressed to the Coordinator, notify entitled counsel and pro se parties, and estimate trial time.
Court's wording
a. A request for setting shall be addressed in writing to the Coordinator, with notice to all counsel and pro se parties who are entitled to notice in the case, and shall include an estimate of the time required for trial.
All exhibits will be exchanged with the parties and the Court prior to any hearings.
In disputed property division cases, each attorney shall submit to the Court and opposing counsel not later than 5 days prior to the commencement of trial an inventory of property, with values, and debts and a proposed property division including property claimed or recognized as separate property.
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk.
All temporary orders involving children shall include injunctive relief prohibiting disparaging remarks, using alcohol/drugs 24 hours prior to and during any possession of the child(ren), and overnight stays by an unrelated adult during the possession of the child(ren).
Each side shall submit a financial information report to the court and the opposing side in each case seeking temporary spousal support and/or child support.
In all cases where spousal support is requested, each party shall submit a financial information report to the Court and the opposing sides showing minimum reasonable needs.
Motions to Modify Temporary Orders shall not be heard unless an affidavit is attached to the motion including facts supporting a serious and immediate concern that cannot be addressed at a final hearing.
A copy of the setting notice of the conflicting case shall be attached to the motion.
Any attorney substituting for another attorney of record shall file with the Clerk a written notice of substitution signed by the client together with a proposed order permitting the substitution.
- Document
- Notice of substitution
Must include
- •Proposed order
If there is no substitution of counsel as provided in Rule 6.02, no attorney of record shall attempt to withdraw without presenting a motion and obtaining from the Court an order granting leave to withdraw.
Such notice shall be included within the motion or a copy of the letter attached to the motion.
In contested matters, all counsel and pro se parties shall make reasonable effort to agree, in writing, to the form of the order to be submitted to the Court.
Agreed, approved or default judgments and orders should be submitted directly to the Court Coordinator for submission to the Judge for signature.
For good cause shown, the Judge may waive the requirement of completion of the seminar.
If such seminar has been completed, no additional attendance is required in the event of motions to modify or enforce.
Filing & Service rules
Electronic Filing Rules
Discovery documents must not be filed with the Clerk unless another rule or a court order requires filing.
Discovery documents shall not be filed with the Clerk unless filing is required by other rule or court order.
Page 5 | Rule 2.07 Discovery Documents
The District Clerk of Lamb County accepts filings with digital signatures through the E-File system.
The District Clerk of Lamb County accepts filings with digital signatures through the E-File system.
Page 4 | Rule 1.09 Filings
Filing Timing and Cure Windows
All orders must be submitted for signature within 7 days after the hearing.
All orders shall be submitted for signature within 7 days of the hearing.
Page 4 | Rule 1.06 Submission of Orders, Judgments and Instruments
Anticipated jury questions, definitions, and instructions are due at least ten working days before voir dire begins.
In all civil jury cases, anticipated jury questions, definitions and instructions shall be submitted to the Court in electronic medium no less than ten (10) working days prior to commencement of voir dire examination.
Page 6 | Rule 2.11 Jury Questions and Instructions
Seminar completion and filing the certificate must occur before the final hearing, except for uncontested adoptions and terminations.
In any suit involving the parent-child relationship, except uncontested adoptions and terminations, all parties shall successfully complete a children's interest seminar and file their certificate of completion with the Clerk.
Page 7 | Rule 3.04 Children's Interest Seminars
The required property inventory and proposed division must be submitted no later than five days before trial.
In disputed property division cases, each attorney shall submit to the Court and opposing counsel not later than 5 days prior to the commencement of trial an inventory of property, with values, and debts and a proposed property division including property claimed or recognized as separate property.
Page 7 | Rule 3.02 Inventories and Disposition Proposals in Property Cases
Each side must complete the Children's Interest Seminar before obtaining a setting for a final hearing.
The Children's Interest Seminar must be completed by each side prior to obtaining a setting for a final hearing.
Page 8 | Rule 3.05 Temporary Orders
Paysheets for court-appointed criminal counsel are due within 30 days of a hearing, trial, or plea, and untimely paysheets may not be paid.
Paysheets for court-appointed counsel in criminal cases are due within 30 days of any hearing or trial or plea. Untimely paysheets may not be paid.
Page 10 | Rule 4.12 Paysheets
Service and Proof of Service Rules
After a hearing is set, the moving party must provide proper notice or citation to all opposing parties entitled to it.
b. After setting is obtained, it is the responsibility of the moving party to obtain proper notice to or citation on all opposing parties entitled thereto.
Page 5 | Rule 2.06 Hearings on Pre-Trial Pleas and Motions
Upon employment, defense counsel must file written notice with the District Clerk and provide copies to the State’s attorney and the Court Coordinator.
Immediately upon employment, the defense attorney shall file written notice thereof with the District Clerk and provide a copy of same to the attorney for the State and to the Court Coordinator.
Page 9 | Rule 4.02 Appearance of Defendant and Counsel
When filing a substitution notice, the substituting attorney must furnish a copy to the Judge, the replaced attorney, and all other attorneys of record or pro se parties.
At the time of filing, such attorney shall furnish a copy of the notice to the Judge, the attorney for whom substitution is being made, and all other attorneys of record or pro se parties.
Page 11 | Rule 5.02 Substitutions
A withdrawal motion must include the client’s written consent or a certification of mailing to the client with notice that the motion will be presented at least ten days after mailing and that objections must be submitted in writing before then.
Such motion shall be accompanied by the client's written consent to such withdrawal or a certification that a copy of such motion has been mailed to the client at his/her last known address, with notice advising the client that the motion will be presented to the Court at a date not less than ten (10) days after mailing, and that any objection to such withdrawal should be made to the Court in writing before such date.
Page 11 | Rule 5.03 Withdrawal
After leave to withdraw is granted, the attorney must notify the party and all other attorneys or pro se parties by mail and file proof of notice with the Clerk.
If leave is granted, the attorney shall notify the party and all other attorneys or pro se parties of such action by mail and file proof of notice with the Clerk.
Page 11 | Rule 5.03 Withdrawal
A copy of a withdrawal motion must be delivered or mailed to opposing counsel.
A copy of the motion shall also be delivered or mailed to opposing counsel.
Page 11 | Rule 5.03 Withdrawal
Exhibits must be exchanged with the parties and the court before any trial or hearing.
Exhibits shall be exchanged with the parties and the court prior to any trial or hearing.
Page 12 | Rule 7.01 Trial Witnesses and Exhibits
Filing Fees and Waivers
An earlier jury-trial setting request must certify that the jury fee has been paid.
b. Requests for settings for jury trials at an earlier date shall include a certification that all discovery is complete, or will be complete at least twenty (20) days prior to the first docket date, that the jury fee has been paid, and that a demand for jury has been filed.
Page 5 | Rule 2.03 Jury Trial Settings
Each party is responsible for paying the appropriate children's interest seminar fees.
Each party will be responsible for payment of the appropriate fees.
Page 7 | Rule 3.04 Children's Interest Seminars
Pre-Motion Conference Requirements
If the parties cannot agree on the form of an order or judgment, the Court will schedule a noticed hearing on entry upon request.
If all counsel and pro se parties cannot agree on the form of the order or judgment, the Court will schedule a hearing on entry of the judgment with notice to all parties upon request.
Page 4 | Rule 1.06 Submission of Orders, Judgments and Instruments
Adjournment & Extension Requirements
With the Court’s leave, an agreed continuance may be granted without a written motion; other continuances require good cause shown by written motion supported by affidavit.
With leave of Court, an agreed continuance may be granted without a written motion. Otherwise, continuances will not be granted except for good cause shown upon written motion supported by affidavit.
Page 3 | Rule 1.04 Continuances
If the conflicting case is passed, continued, or disposed of before or during the week of trial, the attorney must immediately notify the Judge and opposing counsel.
In the event the conflicting case is passed, continued or disposed of prior to or during the week in which the case is set for trial under these Rules, the attorney shall immediately notify the Judge and opposing counsel of such fact.
Page 11 | Rule 5.01 Conflicting Settings
An attorney seeking a continuance because of a conflicting trial must furnish the Court and opposing counsel a motion identifying the other court, case, setting time, and date the conflict was set.
An attorney seeking to have a case continued on the grounds that the attorney is to go to trial in another court, shall furnish the Court and opposing counsel with a motion for continuance, which shall disclose the name of the court in which such other case is pending, the style of the case, the time for which such case is set, and the date on which the conflicting setting was made.
Page 11 | Rule 5.01 Conflicting Settings
The party filing a motion for continuance is responsible for obtaining a hearing on it in a timely fashion.
The party filing the motion shall be responsible for obtaining a hearing on the motion in timely fashion.
Page 3 | Rule 1.04 Continuances
Chambers Communication Rules
When an interpreter is needed for a party or witness, the relevant counsel must notify the Court Coordinator as soon as practical and at least 5 business days before the hearing.
When an interpreter is needed for a party or witness, counsel for the party or counsel who intends to call the witness shall notify the Court Coordinator as soon as is practical, but no less than 5 business days prior to said hearing.
Page 4 | Rule 1.08 Interpreters
Attorneys may notify the Court of scheduled vacations in accordance with the referenced regional rule.
Attorneys may notify the Court of scheduled vacations in accordance with Rule 11 of the Regional Rules of Administration of the Ninth Administrative Judicial Region.
Page 12 | Rule 6.01 Attorney Vacations