 |
|
 Local Court Rules
RULES OF PRACTICE AND PROCEDURE IN THE CIRCUIT, CHANCERY, AND CRIMINAL COURTS FOR THE FIFTEENTH JUDICIAL DISTRICT TABLE OF CONTENTS RULE 1. Rules of Court: Applicability, Purpose and Definitions
..3 RULE 2. Assignment and Disposition of Cases ..4RULE 3. Court Sessions .
..4 RULE 4. Appearance and Conduct of Counsel . .
..5 RULE 5. Court Files and Filings
..6 RULE 6. Jury Demand: Civil Cases
...6 RULE 7. Discovery
.6 RULE 8. Trial Calendar
8 RULE 9. Motions in General
9 RULE 10. Use of Audio/Visual Recordings
10 RULE 11. Court Reporters
.10 RULE 12. General Sessions Appeals in Circuit Court
.10 RULE 13. Continuances
..11 RULE 14. Subpoenas
11 RULE 15. Pre-Trial Procedure
12 RULE 16. Exhibits
13 RULE 17. Requests for Special Instructions and Special Verdict
13 RULE 18. Orders and Judgments
..14 RULE 19. Divorce: Special Procedures
.15 RULE 20. Guardian Ad Litem: Special Procedure
..16 RULE 21. Jurors
...16 RULE 22. Time Standards for the Disposition of Cases
...17 RULE 23. Judicial Mediation
...17 RULE 24. Schedule of Trials and Hearings
18 RULE 25. Trials, Hearings and Attendance
...18 RULE 26. Witnesses
..18 RULE 27. Attorneys
..19 RULE 28. Filing of Pleadings, Motions and Continuances
...19 RULE 29. Preparation and Dissemination of Orders
20 RULE 30. Negotiations and Settlements
.20 RULE 31. Discovery
..21 RULE 32. Bail Bonds, Forfeitures and Relief
.21 RULE 33. General Sessions Appeal Docket
21 RULE 34. Probate
.21 RULE 1. RULES OF COURT: APPLICABILITY, PURPOSE AND DEFINITIONS § 1.01 Adoption of Rules These rules shall replace all previous local rules. § 1.02 Applicability a. General Applicability. Unless otherwise indicated by a particular rule, Rules 1 through 5 apply to all types of cases in the Circuit, Chancery, and Criminal Courts of the Fifteenth Judicial District. When a rule applies only to a particular type of case (e.g., civil or criminal cases) it applies to all cases of that type regardless of which court is hearing the case. The Tennessee Rules of Civil Procedure, Rules of Criminal Procedure, the Rules of the Tennessee Court of Appeals, and of the Court of Criminal Appeals, and the Rules of the Tennessee Supreme Court are applicable to the Fifteenth Judicial District although not specifically set out herein. The aforementioned rules take precedence over any of the local rules mentioned herein if they are in conflict. b. Rules Applicable to Civil Cases Only. Rules 6 through 23 pertain only to civil cases unless expressly stated otherwise in these rules. c. Rules Applicable to Criminal Cases only. Rules 24 through 33 only apply to criminal cases unless expressly stated otherwise in these rules. § 1.03 Purpose of Rules These rules will be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. § 1.04 Suspension of Rules Whenever the Court determines that justice requires it, the Court may suspend any of these rules. § 1.05 Definitions The following definitions apply to terms used in these rules: Clerk means: The Circuit Court Clerk or the Clerk & Master of the Chancery Court. T.R.C.P. means: T.R.Crim.P. means: T.R.E. means: Trial Judge: Means a Circuit Court Judge, Criminal Court Judge, or Chancellor as the context so requires. § 1.06 Citation These rules may be cited at Local Rule § ________ . RULE 2. ASSIGNMENT AND DISPOSITION OF CASES§ 2.01 Interchange of Judges When necessary for the efficient administration of justice, a chancellor or judge may hear and determine any matter by interchange for another chancellor or judge without the necessity of transferring the case from one court to another. A chancellor or judge may hear or determine any matter by interchange for any other chancellor or judge. RULE 3. COURT SESSIONS§ 3.01 Regular Sessions Regular sessions of Court will open at § 3.02 The following holidays have been designated by the State of 1. New Years Day 2. Martin Luther King, Jr. Day 3. 4. Good Friday 5. Memorial Day 6. Independence Day 7. Labor Day 8. Columbus Day, unless this date is exchanged with the Friday after Thanksgiving. 9. Veterans Day 10. Thanksgiving Day 11. Christmas Day If any of these holidays are in conflict with any of the opening days of court or arraignment days, opening day of each court term and arraignment days shall be held on the next Court day for the Court at the same hours herein set out. § 3.03 Courtroom Seating Procedures The party with the burden of proof shall sit at the counsel table located nearest to the jury box. RULE 4. APPEARANCE AND CONDUCT OF COUNSEL§ 4.01 Professional Conduct. All attorneys shall comply with the rules of Professional conduct at all times as adopted by the Tennessee Supreme Court. § 4.02 Space Within the Bar Reserved The space within the bar shall, at all times be reserved for members of the bar, officers attending court, the clerk, the witness in the witness box, and such other persons as are designated by the States attorney, the plaintiffs attorney, and the defendants attorney as being necessary aids in the prosecution or the defense of the case, and who shall be seated at the respective tables of the state, the plaintiff, or the defendant. § 4.03 Media Guidelines Rules for media coverage are controlled by Supreme Court Rule 30. § 4.04 Children in Court Small children shall not be brought into court that are not parties or witnesses in the case. Attorneys are directed to apprise their clients and witnesses of this rule. § 4.05 Examining Witnesses Counsel will stand when examining and cross-examining witnesses and when addressing the court or the jury except those who are physically handicapped or otherwise incapacitated, and except attorneys voicing objection when there is insufficient time to rise, or unless otherwise excused by the court. § 4.06 Proper Attire Counsel, litigants, witnesses, court reporters, and court officers shall not dress in a manner which distracts from the proper decorum in the court. § 4.07 Forbidden Conduct § 4.08 Approaching the Bench Attorneys will not approach the bench without permission of the court. § 4.09 Familiarity with Participants During trial, counsel shall not exhibit familiarity with witness, jurors, or opposing counsel, and the use of first names for adults shall be avoided. No juror shall be addressed individually by name except upon voir dire. § 4.10 Jury and Bench In no case shall any person other than officers in charge of the jury and attorneys when presenting or arguing a case be allowed to stand, walk or be seated in the immediate vicinity of the jury box or the jury room while a case is pending before a jury occupying the same. The court officer shall strictly enforce this rule, and it shall be the duty of the clerk and the attorneys involved to cooperate in such enforcement period. During the trial of a case no person other than parties to the case may be permitted to walk between counsel table and the bench occupied by the trial judge. The bailiff shall handle all exhibits between counsel, the witness and the jury. RULE 5. COURT FILES AND FILINGS
§ 5.01 Obtaining Court Files All papers and records of the court shall be in the custody of the clerk. Files may not be withdrawn by any person other than attorneys, or their employees. Any files withdrawn shall not be retained for more then five (5) days without leave of court. The person withdrawing the file shall be responsible for maintaining its contents and returning it to the clerk. Copies of files shall be furnished by the clerk at a reasonable cost. § 5.02 Filings All motions and orders filed with the court clerk must be original hard copies. Facsimiles will not be accepted for filing. RULES 6 THROUGH 23 SHALL APPLY TO CIVIL CASESRULE 6. JURY DEMAND: CIVIL CASES
§ 6.01 Procedure In any civil case in which a jury is demanded, the words JURY DEMAND shall be typewritten in capital letters on the first page of the pleadings opposite the style of the case above the space for the case number. § 6.02 Number of Jurors In all civil cases, the parties may stipulate that the jury will consist of any number of persons less than twelve (12). Unless otherwise expressly demanded, a jury demand is a stipulation for a six (6) person jury. Failure to demand a twelve (12) person jury in the last T.R.C.P. Rule 7.01 pleading filed is a stipulation for a six (6) person jury. § 6.03 Challenges Any stipulation regarding the number of jurors shall not affect the number of challenges nor the manner of making them. RULE 7. DISCOVERY
§ 7.01 Interrogatories to Parties (a) No party shall serve on any other party more than twenty-five (25) single question interrogatories including sub-parts. If a party serves more than the allowed number of interrogatories on another party the party served with the interrogatories shall answer or respond to only the first twenty-five (25) questions and sub-parts. (b) Any party who desires to serve additional interrogatories must seek leave of court. The motion shall include the additional interrogatories the party wishes to serve and an affidavit and memorandum setting out reasons which would establish the necessity and good cause for the service of additional interrogatories. § 7.02 Order and Response to Discovery Any discovery properly propounded and served on the opposing party shall be answered by said opposing party before the party first serving the discovery request is required to answer any discovery or submit to depositions. § 7.03 Motions to Compel Discovery Motions to compel discovery shall: (a) Either (1) quote verbatim the interrogatory, request, or question and any objection or response thereto, or (2) be accompanied by a copy of the interrogatory, request or excerpt of a deposition which shows the question and objection or response. This requirement shall not apply where a party has submitted no response or objection to the entire set of interrogatories or requests; and (b) State the reason supporting the motion. § 7.04 Motions for Protective Orders; To Quash Subpoena Motions for protective orders filed pursuant to rule 26.03, T.R.C.P., motions to quash subpoenas for discovery filed pursuant to rule 45.02, T.R.C.P., or any motion asking that deposition or discovery be postponed or restricted shall: (a) Either (1) quote verbatim the interrogatory, request, question, or subpoena, or (2) be accompanied by a copy of the interrogatory, request, subpoena, or excerpt of a deposition which shows the question; (b) State with particularity the grounds for the motion; (c) Be accompanied by an affidavit or other evidence showing the need for the order; (d) The motion and the accompanying document shall be mailed or faxed to the trial judge along with filing with the clerk; and (e) Time requirements provided by the T.R.C.P. or these rules for filing and arguing motions shall be suspended if necessary by the court as justice requires. § 7.05 Motion to Compel; Exhibits to Depositions Agreements to furnish exhibits made during the taking of depositions may be enforced by motion made pursuant to Rule 37, T.R.C.P., and rule 8.03 of these rules. RULE 8. TRIAL CALENDAR
§ 8.01 General Counsel are encouraged to set cases for trial by agreement and in a timely manner. Counsel shall bring their trial calendars to docket settings. In compliance with the applicable statutes workers compensation cases shall be given preference in setting. § 8.02 Procedure for Case Settings (a) All cases shall be set for trial by: 1. Obtaining dates from the trial Judges Secretary and entering an agreed order which sets out the date, time, place, and duration of the trial; 2. At docket call with an order being entered which sets out all information provided in subparagraph (a), above; or, 3. By motion and notice of hearing to set for trial; or, 4. By the court with notice to all parties. 5. In Chancery Court the Clerk and Master of each county shall set all trial dates. (b) The Circuit Judges of Division I & II shall call and set the docket for cases assigned to that Judge on the first day of each term of court in Jackson, Macon Smith and Trousdale counties. § 8.03 Deadline for Trial Preparation When a party objects to having a case set because trial preparation is not complete, the court may establish a deadline for completing trial preparation. Provided however, the objecting party must show good cause as to why preparation is not complete and that they have made a good faith effort to prepare the case for trial in a timely manner. § 8.04. Pretrial Conferences (a) Pretrial conferences may be had upon Order of the court or upon Motion of either party. (b) Objections to any or all parts of deposition testimony sought to be introduced at trial shall be presented and ruled upon at the pretrial conference. (c) Motions in limine shall be presented at the pretrial conference and ruled upon. (d) Prospective special jury charges and special verdict forms shall be presented at the pretrial conference. (e) At the pretrial conference the parties shall enter into stipulations on all uncontested matters which shall be filed with the court and admitted into evidence. § 8.05 Notice Immediately Upon Settlement If a case is set for trial and the parties subsequently reach a settlement, the parties shall give immediate notice of the settlement to the clerk and Judge and shall promptly file an agreed order. Strict adherence to this requirement will allow the court to better plan for the trial of other pending cases. RULE 9. MOTIONS IN GENERAL
§ 9.01 Scheduling Motions (a) All motions shall be scheduled by obtaining date, place, and time from the Judges Secretary or in the Chancery cases by scheduling through the Clerk and Master. All motions shall include a notice that sets out the date, place and time that the motion will be heard. (b) Motions without proof or other documents for the court to review may be heard by telephone if all parties agree and it is convenient to the court. (c) Motions may be stricken or continued by notifying the Judges Secretary before the date of the motion and notifying opposing counsel by letter or notice either faxed or delivered by the U.S. Mail. § 9.02 Writings Supporting or Opposing Motions (a) All affidavits or other documents intended to be used to support or oppose motions shall be served on the opposing party prior to the day of the motion hearing. (b) All Motions may be supported by briefs or legal authority. Any briefs containing a cite to an unreported decision shall have a copy of the case appended. § 9.03 Failure to Appear at a Motion Hearing: Late Appearance If any party does not appear at a scheduled hearing on a motion or any other matter scheduled to be heard on the motion docket, the court may strike or adjudicate the motion. Counsel who will be late for a motion shall notify the Judges secretary in advance of the hearing or have an announcement to that effect made at the call of the motion docket. § 9.04 Motions for New Trial-hearings (a) Motions for new trial and/or modification of an order/judgment shall be docketed by the movant for hearing within thirty (30) days of the date of filing of the motion. (b) The failure to docket a hearing within thirty (30) days shall be considered a waiver of the motion and an order overruling said motion may be entered by the court, unless enlarged by the court for good cause shown. § 9.05 Summary Judgment Motions (a) All summary judgment motions will be heard sixty (60) days before trial. Three (3) days before the Motion is to be argued the parties shall submit to Judge/Chancellors office a copy of all documents, pleadings, depositions, briefs and or other writings that the parties intend to rely upon in presenting or defending the motion so that the court may review same if his or her schedule permits. All such writings shall also be filed with the clerk on or before the time it is filed with the Judge. (b) All summary judgment motions shall be heard on regular session days unless set otherwise by the court. Sufficient time shall be set aside for the court to read all writings filed and to hear argument of the parties. (c) It shall be the responsibility of the party who is the proponent of the motion for summary judgment to obtain and bring the court file to the hearing for summary judgment if the hearing is held in a county other than where the suit is filed. RULE 10. USE OF AUDIO/VISUAL RECORDINGS
When a party intends to offer an audio and/or visual recording as evidence in any jury trial, counsel shall provide written notice to all adverse counsel at least forty (40) days before trial. Adverse counsel shall be permitted to review the recording in the form in which it is intended to be offered at trial. Additionally, counsel, at his/her expense, shall be allowed to copy said recording. The attorneys shall then attempt in good faith to resolve such matters among themselves. If the attorneys cannot resolve the objections, then they shall advise the trial court sufficiently before trial in order that said objections may be ruled upon in time to allow editing of the recording. By way of example only, this rule applies to video taped depositions, Day in the Life recordings, surveillance films, interviews and statements. This rule applies to rebuttal and impeachment evidence. RULE 11. COURT REPORTERS
It is the responsibility of litigants to arrange for court reporters in civil cases. Proceedings will not be postponed or delayed because of a court reporters absence or tardiness where counsel have not been diligent in this regard. RULE 12. GENERAL SESSIONS APPEALS IN CIRCUIT COURT It shall be the duty of the Appellant and/or their attorneys to notify opposing parties or counsel at the time a RULE 13. CONTINUANCES § 13.01 Procedure for Continuance Cases may not be continued by agreement unless approved by the court. In such instances, continuances may be granted. All other motions for continuances shall be on motion and notice and only upon a showing of good cause. § 13.02 Grounds for Continuance (a) If a witness has been served with a subpoena and fails to appear in court, it is a ground for continuance. Otherwise absence of a witness will not be considered as a ground for a continuance. (b) When a case has been set, failure to have completed discovery, inability to take a deposition, or failure to have completed any other trial preparation will normally not be grounds for a continuance. The Court should be timely notified of problems in scheduling depositions or other preparation (such as refusal of a deponent to promptly schedule a deposition) and the court may take such action to ensure that depositions are given in a timely fashion so as to ensure that parties are ready for trial on the scheduled trial date. The court will only consider any of the above as a basis for continuance if the party can show their prompt diligence in scheduling depositions and such. § 13.03 Rescheduling Case after Continuance (a) If a case is continued, a new trial date will be assigned at the time of the continuance if practical. RULE 14. SUBPOENAS § 14.01 Issuance of Subpoenas (a) All subpoenas for witnesses, except for subpoenas issued in blank, shall be issued and signed by the clerk in triplicate. One copy shall be designated service copy and it is to be left with the witness. One copy shall be designated file copy and retained in the file. The original shall be the return copy. (b) Subpoenas issued in blank shall be signed by the Clerk, shall be completed by the party requesting it and three (3) copies shall be filed with the clerk within the time frame set out in Rule 19.03(a)(b). § 14.02 Clerks Duty upon Issuing of Subpoena; Removal of File Copies When a subpoena is issued, the clerk shall: (a) Place the file copy of the subpoena in the file of the case; (b) Deliver the service copy and original to the Sheriff or other authorized person for service; and (c) When the original subpoena is returned to the clerk, the Clerk may remove the file copy and discard it. § 14.03 Time for Issuing Subpoenas (a) Non-Jury Cases: Subpoena for a local witness must be issued and dated by the clerk no later than five (5) days before the date of trial. If the witness is out of county, the subpoena must be issued by the Clerk and mailed or otherwise transmitted to the out of county sheriff or other authorized person no later than seven (7) days before the date on which the case is set for trial. (b) Jury Cases: Subpoenas for a local witness must be issued and dated by the clerk no later than seven (7) days before the trial and ten (10) for out of county. § 14.04 Responsibility of Counsel Counsel of record shall be responsible for insuring the subpoenas are issued in accordance with this rule and the applicable rules of Civil Procedure. Nothing prohibits counsel from preparing subpoenas. The clerk may not refuse to issue a subpoena requested by counsel at any time. RULE 15. PRE-TRIAL PROCEDURE §15.01 Required Procedure At least seventy-two (72) hours (excluding weekends and holidays) prior to the trial of a case, opposing counsel shall notify each other, in writing, of: (a) the name and address of all witnesses expected to be called by a party in its case in chief; (b) identify and make available for viewing all proposed exhibits. § 15.02 Workers Compensation Cases Pre-Trial form and Procedure (a) In addition to the above, a copy of all medical or expert depositions, C-32s or other expert proof to be relied upon by a party as proof at trial shall be mailed or delivered to the Judges office at least five (5) days prior to the trial so that the trial Judge may review the proof submitted before trial if his or her trial calendar and schedule permits. Condensed versions will not be accepted. (b) All parties shall fully complete the Pre-Trial Stipulation and Memorandum Form for contested workers compensation cases appended to these Rules. See Appendix 5. Counsel for the employee shall complete the form and submit it to opposing counsel seven (7) days before trial. Defense counsel shall complete the form and submit a copy to the Judge at his/her office and file the original with the clerk of the court at least five (5) days before trial. (c) Failure of the parties to stipulate or admit to facts, which should be stipulated or otherwise complete the Pre-Trial Memorandum Form shall be subject to sanctions as the court deems just. RULE 16. EXHIBITS § 16.01 Depositions and Discovery Material Depositions and discovery material submitted to the court as evidence which are not read to the court shall be made trial exhibits to the extent they are admissible under the T.R.C.P.R. and T.R.E. § 16.02 Custody of the Clerk All trial exhibits shall be accounted for and placed in the custody of the clerk unless otherwise directed by the court. RULE 17. REQUESTS FOR SPECIAL INSTRUCTIONS AND SPECIAL VERDICT § 17.01 Requests for Special Instructions When counsel submits special requests pursuant to Rule 51, T.R.C.P. copies shall be furnished to adversary counsel. When a request for an instruction is made and the request is for a Tennessee Pattern Jury Instructions verbatim, the request shall be made by reference to TPI (Civil) No: _____. If the request is for a modification of an existing instruction, the request shall identify the instruction to be modified by number and identify the deletion or addition. When a request for an instruction is made and there is no instruction on the subject in the Tennessee Pattern Jury Instructions, this fact must be stated in the request. Any request which seeks to alter or modify a Tennessee Pattern Jury Instruction shall cite authority relied on and be accompanied by a complete copy of such authority. § 17.02 Special Verdicts Requests for special verdicts or written interrogatories made pursuant to Rule 49, T.R.C.P. must be made before commencement of the trial and must be accompanied by proposed verdict forms, proposed written interrogatories and proposed instructions which will be given to the jury along with the special verdict forms or interrogatories. The court shall inform counsel of its proposed action on the requests prior to their arguments to the jury. RULE 18. ORDERS AND JUDGMENTS § 18.01 Preparation and Submission of Orders and Judgments (a) Unless the Court directs otherwise, in all cases wherein orders or judgments are granted in contested matters, the attorney for the prevailing party shall prepare the order for signature by the court. If said order is signed by all parties or counsel, it shall be submitted directly to the Judge for signature within ten (10) days of the date of the courts decision. (b) Orders in contested matters containing the signatures of less than all the parties or their attorneys shall be submitted to the Judge within ten (10) days from the date of the courts decision and the same shall not be entered immediately, but will be held by the Judge for three (3) days. When opposing counsel or party receives a copy of a proposed order, he or she shall notify the Judge immediately in writing of any objection to the same. Counsel shall immediately mail their objection or an alternative order to the Judge. If the Judge receives no objection within the three (3) day period, the order will be signed by the Court. Where there is a disagreement as to the terms of the order, the court shall: 1. enter the order which reflects the courts ruling; 2. enter his or her own order, or; 3. request a transcript of the findings and direct an order be entered in compliance with same. (c) All orders prepared by counsel and not signed by all parties or their counsel shall be accompanied by a certificate of counsel that copies of the order or judgment have been served on all parties or counsel of record. (d) All orders shall be mailed directly to the Judge for his/her signature and shall be accompanied by an envelope properly addressed to the clerk of the county in which the action is filed or to the attorney submitting the Order with sufficient postage affixed thereto to carry it to its destination. Alternatively, orders may be lodged with the clerk for the courts signature. Orders shall not be filed by the Clerk until signed by the Judge. § 18.02 Costs All final judgments shall provide for the taxing of court costs. § 18.03 Payment and Satisfaction of Judgments (a) Funds paid to the Clerk by check on local banks will not be disbursed until five (5) days after the clerk receives the check. Funds paid to the clerk by checks drawn on out of town banks will not be disbursed until ten (10) days after the clerk receives the check. Alimony and child support checks may be disbursed sooner at the discretion of the Clerk. (b) Orders for disbursing funds, other than agreed orders, must be final before the clerk will disburse the funds. RULE 19. DIVORCE: SPECIAL PROCEDURES § 19.01 Uncontested Divorce Cases (a) When a party in default desires to be heard on any matter other than the basic cause of action, he or she shall notify the court at least seven (7) days prior to the hearing of the matters upon which he or she desires to be heard and shall file a brief statement setting forth the nature of the matter. (b) If a property settlement agreement in a divorce action based on irreconcilable differences is delivered through personal service, as allowed by T.C.A. 36-4-103, the statutory requirements regarding service will be strictly construed. § 19.02 Time for Hearing (a) No divorce case where the parties have children under 18 years of age not otherwise emancipated, shall be heard until the same shall have been filed at least sixty (60) days unless the court finds some compelling reason why the same should be so heard. (b) No divorce shall be heard in any case until thirty (30) days have expired from the date of service of process; however, the Court may waive this thirty (30) day requirement. When service is had by publication the thirty (30) days does not commence to run until the date of the last publication. § 19.03 Contested Divorce Cases In all contested divorce cases the parties shall submit an affidavit in conformity with Appendix 6 of these rules. At least 48 hours before the day of trial, the parties shall file with the clerk these affidavits. § 19.04 Contested Divorces and Custody: Order of Proof In contested divorce cases, the court will hear the parties to the action before hearing other witnesses unless, for good cause appearing, the court finds it desirable to proceed otherwise. § 19.05 Pendente Lite Child Support and Alimony Hearings Motions and applications for child support and alimony pending the final hearing of a case will be submitted and heard on affidavits. The moving party shall include in the complaint, petition or motion allegations in support of such child support or alimony justifying the relief sought, and prior to the hearing, the parties will submit affidavits in support or opposition to the relief sought. Testimony by witnesses in support or opposition to the motion or application shall not be allowed except by leave of the court for good cause shown. RULE 20. GUARDIAN AD LITEM: SPECIAL PROCEDURE § 20.01 Appointment (a) Guardian Ad Litems shall be appointed by the clerk or by the court. The clerks of the respective counties shall maintain a roster of active practicing attorneys from which a guardian ad litem shall be appointed and shall make a notation of the date as to when a particular attorney has been appointed as guardian ad litem in a cause. (b) It shall not be permissible for the plaintiff or other parties to the action of their representative to nominate the guardian ad litem; provided, however, if there are peculiar reasons why a particular attorney should be appointed as guardian ad litem in a particular case, it shall not be improper for such reasons to be made known to and considered by the clerk or the court in making such appointment. § 20.02 Disqualification as Guardian Ad Litem No attorney shall be appointed as guardian ad litem if he or she has pecuniary interest in the outcome of the cause; if he or she is a member of the firm of, partner or associate of any of the other attorneys involved in the cause or if any other facts exist which would in any way interfere with said guardian ad litem fully representing the best interest of the person for whom such appointment is made. § 20.03 Compensation of Guardian Ad Litem At the conclusion of the matter the guardian ad litem shall file with the clerk a statement detailing the nature and extent of his/her services including the amount of time spent, what he/she considered to be a reasonable fee for services rendered and any other facts which might assist the court in fixing the fee for such services. § 20.04 Fees of Guardian Ad Litem Fees for guardian ad litem shall be treated and taxed as costs or as otherwise provided by statute. RULE 21. JURORS In order to ensure that jury duty is not unfairly avoided by any eligible citizen, prospective jurors shall be excused from jury service only upon a showing of undue hardship or other statutory grounds. Clerks, Judges and counsel should impress the importance of jury trials in our system or justice upon those seeking to be excused from jury service. At the same time, the Clerks, Judges and counsel should be aware of the sacrifices that jury service involves and attempt to make the experience of being a juror as pleasant and productive as possible. Lengthy delays before or during trial that require jurors to wait should be avoided if possible and explained by the Judge if the delay cannot be avoided. RULE 22. TIME STANDARDS FOR THE DISPOSITION OF CASES § 22.01 Dismissal of Cases (a) To expedite cases, the court may take reasonable measures to purge the docket of old cases by entry of orders of dismissal which shall be considered without prejudice unless otherwise indicated. RULE 23. JUDICIAL MEDIATION § 23.01 Request for Mediation In order to facilitate the expeditious hearing of case, to limit the expense of litigation and to enhance the goals of the judiciary all litigants are encouraged to seek mediation of cases. All workers compensation cases will be mediated through the Department of Labor if either party requests mediation. In all other cases the parties may seek private forms of judicial mediation. § 23.02 Scheduling Mediation If either party requests judicial mediation, an order may be entered by the trial judge assigning the case for mediation. The parties may agree on a judge to conduct the mediation within or without the 15th Judicial District. If the parties cannot agree, then the trial judge may request the assistance of one of the other trial judges in the district as a mediator who shall notify the parties of the time, date and place of mediation. Such assignment shall only be with the concurrence of the other trial judge. RULES 24 THROUGH 33 APPLY ONLY TO THE CONDUCT OF CRIMINAL CASES RULE 24. SCHEDULE OF TRIALS AND HEARINGS § 24.01 Schedule of Trials and Hearings Regular session of court shall start at the time set by the trial judge. § 24.02 Non-Jury Trial Schedule Non-Jury trials will be set by the Court at the earliest dates available. § 24.03 Grand Jury The Grand Jury will be selected at § 24.04 Jury Trial Dates Jury trial dates will be set according to the caseload. Back-up cases will not be set. Once a trial is scheduled, the case may only be resolved by trial, dismissal with prejudice, or on the States motion for nolle prosequi approved by the Court or plea of guilty to the indictment. RULE 25. TRIALS, HEARINGS AND ATTENDANCE § 25.01 Hearings in Except for informal and purely routine matters, all hearings will be had in open Court including motions for continuance. |
