Judge Neal Franklin

Applies to

Motion

Must include

proposed order

Motions must be written and accompanied by a separate proposed order granting the requested relief.

Applies to

Motion or response

Counsel are encouraged, but not required, to include citations and copies of cases believed to be controlling with a motion or response.

Applies to

Opposed motion

Must include

certificate of conference

Every opposed motion must include a certificate stating the conference date and participating attorneys, or explaining why a conference was not possible.

A summary-judgment motion’s submission date must be no sooner than 30 days after filing.

The movant must choose a submission date no sooner than the Monday following 15 days after filing, unless the Court grants leave; submission may occur on that date or later.

Any response to a summary-judgment motion must be filed at least seven days before the submission date.

Applies to

Summary judgment response

Any response to a summary-judgment motion must be served seven days before the submission date.

A copy of each continuance or postponement motion must be properly served on opposing counsel or unrepresented opposing parties.

Applies to

Motion for continuance

Service

Mail

If the client is unavailable or out of state, counsel may use the alternative procedure by mailing the motion copy to the client by certified mail, return-receipt requested.

Before filing a motion, moving counsel must confer or certify a reasonable effort to confer, except for the listed motion types.

The Court will not consider a motion to compel or for sanctions unless the movant certifies a conference or reasonable effort to confer and that the attempt failed.

A motion is considered without a hearing on its stated submission date unless both an oral-argument request and a response are filed.