Rule 8-3. Motions; Scheduling; Calendar

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Rule 8-3. Motions; Scheduling; Calendar

   A. Motions Defined: For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by the judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments, sentencings, hearings on appeal, and orders to show cause, are motions. 

   B. Motion Days: Motion days for each county shall be held at least monthly, as reflected by the annual published schedule of each division of the court.

   C. Content of Calendar: The clerk of the district court of each county shall maintain a motion calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney the clerk shall place the words "Pro Se" in the blank applicable to that party), the date and time assigned for hearing.

   D. Date and Time of Hearing:

   (1) Prior to the filing of any motion, the moving party shall obtain a date and time of hearing for the motion from the clerk of the court. When filed, the motion shall be accompanied by a notice of the date and time of hearing, and by proof of service of the motion and notice of hearing on all other parties. The court may decline to hear any motion which is not accompanied by such notice of hearing and proof of service.

   (2) Unless otherwise directed by the court, the clerk shall assign the motion for hearing on the next regular motion day in that county which is at least 5 days, plus any additional time required for service on opposing parties (usually 3 days under § 25-534), after the expected date of filing of the motion.

   E. Preparation and Mailing of Calendar:

   (1) Before the motion day, the clerk shall mail or fax a copy of the motion calendar to the judge and to the official court reporter. 

   (2) The clerk may mail or deliver a copy of the motion calendar to any party having a matter on the motion calendar. However, no such mailing or delivery shall substitute for the notice of hearing and proof of service required in paragraph D above.