Page 73 - SAMPLE LINKEDLAW DESKBOOK

WHAT GOVERNS STATE DISTRICT COURT CIVIL PRACTICE AND PROCEDURE APPENDIX B

General Rule of Practice Timing After Amendment Change
126 – Rules Governing Civil Actions; When a party is entitled to have judgment entered • 10 days to enter judgment
SAMPLE
Trial Management; Judgment-Entry in that party’s favor but neglects to enter the same changed to 14 days
by Adverse Party for 14 days after the verdict, decision, or finding, • 5 days’ notice changed to
the opposite party may have judgment entered on 7 days’
7 days’ notice to the party entitled thereto.
128 – Rules Governing Civil Actions, The failure to remove all exhibits from the court • 15 days changed to 14
Trial Management; Retrieval or within 14 days of being notified to do so is days
Destruction of Exhibits deemed an authorization to destroy exhibits.
136.01 – Rules Governing Civil Garnishments or attachments shall not be dis- • 1 day changed to 7 days
Actions; Special Procedures; charged through a personal bond without 7 days’
Garnishments and Attachments written notice of the application for garnishment or
– Bonds to Release – Entry of attachment to the adverse party.
Judgment Against Garnishee; Bond
141.01 – Rules Governing Civil An objection to the appointment of the commis- • 10 days to serve objection
Actions; Special Procedures; sioner must be served and filed within 14 days changed to 14 days
Condemnation; Objection to after an order appointing the commissioner has • 5 days for judge to appoint
Commissioner been filed. Within 7 days after receiving such new commissioner
objection, the judge may appoint a new com- changed to 7 days
missioner. If the judge does not appoint a new
commissioner within 7 days, the objection shall
be deemed overruled.
146.03 – Rules Governing Civil A single judge shall be assigned to all designated • 30 days changed to 28
Actions; Special Procedures; complex cases within 28 days of filing. days
Complex Cases; Judge Assigned to
Complex Cases
303.01(c) – Rules of Family Court All motions and orders to show cause shall • 5 days changed to 7 days
Procedure; Proceedings, Motions contain a statement that all responsive pleadings
and Orders; Motions; Emergency shall be served and filed no later than 7 days
Relief; Orders to Show Cause; before the hearing.
Scheduling of Motions
303.03(a) – Rules of Family Court Motion papers must be served and filed at least • 14 days to serve and file
Procedure; Proceedings, Motions 21 days before the hearing. A responding party motion papers changed to
and Orders; Motions; Emergency raising new issues must file and serve motion 21 days
Relief; Orders to Show Cause; papers at least 14 days before the hearing. • 10 days for responding
Motion Practice Responsive memoranda must be served and filed party to serve and file a
at least 7 days before the hearing. motion raising new issues
changed to 14 days
• 5 days to serve and file
a response memoranda
changed to 7 days
304.03(a) – Rules of Family Court Within 28 days after expiration of the time for • 30 days changed to 28
Procedure; Proceedings, Motions filing a scheduling statement, the court shall enter days
and Orders; Scheduling of Cases; its scheduling order.
Scheduling Order; When Issued
353.02 – Rules of Family Court An agreement to refer the entire matter to the • 5 days changed to 7 days
Procedure; Expedited Child Support district court must be filed with the court at least 7
Process; General Rules; Types days before the scheduled hearing in the expe-
of Proceedings; Procedure When dited process.
Prohibited Issues

APPENDIX 1-39 Updated 2020