Benton and Franklin Counties Superior Court Pre-Motion Conference Requirements

CRITICAL

Review of a Commissioner’s order is de novo on the pleadings and proceeds without oral argument unless the reviewing Judge requests it.

Review of the Commissioner’s order shall be de novo based on the pleadings submitted and without oral argument unless requested by the reviewing Judge.

CRITICAL

Oral argument on reconsideration or revision motions will not be noted or scheduled unless the court directs otherwise after reviewing the motion and response; the Judicial Assistant will contact the parties if directed by the court.

Oral Argument on Motions for Reconsideration or Revision will not be noted/scheduled unless the court directs otherwise after review of the Motion/Response. The Judicial Assistant will reach out to parties at the direction of the court.

CRITICAL

Counsel for the moving or objecting party must arrange a good-faith meet-and-confer before the Court will entertain covered discovery motions or objections, except in an emergency; the Court may act against willful noncompliance.

The Court will not entertain any Motion or objection with respect to Civil Rules 26, 27, 30, 31, 33, 34, 35 or 36, Civil Rules for Superior Court unless it affirmatively appears that counsel have met and conferred with respect thereto. Counsel for the moving or objecting party shall arrange such a conference. If the Court finds that counsel for any party, upon whom a Motion for an objection with respect to matters covered by such rules is served, willfully refused to meet and confer, or having met, willfully refused or fails to confer in good faith, the Court may take appropriate action to encourage future good faith compliance. In the event of an emergency, the Court will entertain Motion objections which would otherwise be required by the above rules.

CRITICAL

Before contacting the Judicial Assistant about a Case Schedule modification, the requesting party must confer with all other parties to determine whether they agree.

Before contacting the Judicial Assistant, the party seeking a modification shall confer with all other parties to determine whether agreement exists.

WARNING

Motions are heard at trial unless the Court sets another time.

A. Generally. Motions, including motions to suppress evidence, motion regarding admissions, and other motions requiring testimony, shall be heard at the time of trial unless otherwise set by the Court.

INFO

The Court may hear written and/or oral emergency motions on any docket, notwithstanding the foregoing provisions.

The foregoing provisions shall not prohibit the hearing of written and/or oral emergency motions at the discretion of the Court on any docket.