Article II: Civil Practice

ARTICLE II: Civil Practice

 

INDEX:
Rule 2.1: Pre-trial and Post-trial motions
Rule 2.2: Oral argument of motions and appearances

Rule 2.3: Exparte, emergency, and stipulated motions
Rule 2.4: Motions for Continuance
(a) Strict Compliance
(b) Signature of Party
(c) Notice to Adverse Party
Rule 2.5: Discovery
(a) Restrictive Filing of Discovery
(b) Relief Involving Discovery Materials
(c) Use at Trial or for Motion
(d) Unfiled Discovery – Appeals
(e) Removal from files
(f) Requests for Admission

 

RULE 2.1  PRE-TRIAL AND POST-TRIAL MOTIONS
(a)
Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing. Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

(b) Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities.

(c) Upon expiration of the 10-day period, the clerk will refer the motion papers and the case file to the court for appropriate disposition. There will be no oral arguments unless ordered by the court.

(d) Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum. The matter will then be set for hearing.

(e) The clerk shall refuse to file any motion which is not accompanied by a proof of service.

RULE 2.2 ORAL ARGUMENT OF MOTIONS AND APPEARANCES
(a)
Non-evidentiary pre-trial and post-trial motions in civil cases will only be set for oral argument when authorized by the judge presiding.

(b) Failure of a party to appear in person or by written brief in connection with any motion will not of itself constitute grounds for ruling against the party.

RULE 2.3 EX PARTE, EMERGENCY, AND STIPULATED MOTIONS
Ex parte or emergency motions and motions in accordance with stipulations for agreed orders may be presented without a setting. Every such motion shall be accompanied by a proposed order.

RULE 2.4 MOTIONS FOR CONTINUANCE
(a)
Strict Compliance. A motion for continuance for any cause set out in Supreme Court Rule 231 must comply strictly with Supreme Court Rule 231 to receive consideration of the judge presiding.

(b) Signature of Party. In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.

(c) Notice to Adverse Party. No judge shall be required to grant a motion for continuance which has not been agreed to in writing by the adverse party without previous notice of the time and place of the application having been given the adverse party.

RULE 2.5 DISCOVERY
(a)
Restrictive Filing of Discovery. Interrogatories under Supreme Court Rules 213 and 220, and the answers thereto, discovery of documents and other materials under Supreme Court Rule 214, and depositions under Supreme Court Rules 206 and 207 shall be served with proof of service upon other counsel or parties, but shall not be filed with the clerk of the court. The party responsible for service of the discovery material shall retain the original and become the custodian.

(b) Relief Involving Discovery Materials. If relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response to request for production or inspection, copies of the portion of the deposition, interrogatory, request, answer, or response in dispute shall be filed with the clerk contemporaneously with any motion.

(c) Use at Trial or for Motion. If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the clerk at the outset of the trial or upon filing of the motion, insofar as their use reasonably can be anticipated.

(d) Unfiled Discovery–Appeals. When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to and order of the court, the necessary discovery papers shall be filed with the clerk of the circuit court for transmittal with the rest of the record on appeal.

(e) Removal from Files. At the discretion of the judge assigned to the case, discovery materials already filed may be removed from a file and retrieved by the party filing the materials. In such event, the judge shall make an appropriate docket entry indicating what materials were removed, the date they were originally filed, and who is the custodian of the materials.

(f) Requests for Admission. Requests for admission of fact, requests for admission of the genuineness of documents, and the responses thereto pursuant to Supreme Court Rule 216 are not affected by this rule, and shall be filed of record.