Local Rule LR13-119. Settings.

The judge of each division shall determine the judge’s general itinerary and schedule and shall inform the clerk of the court of the county affected by the itinerary and schedule. A. Notice of settings. The judge of each division shall make trial and other settings for the division and furnish counsel and the clerk of the court with a calendar of settings as far in advance as possible. As a general rule, notices of settings shall be given to counsel at least four (4) weeks prior to the trial or hearing date but shorter notice may be given on the consent and agreement of counsel or where, in the discretion of the judge, less notice is required. B. Trailing docket settings. If a hearing is scheduled as a “back-up” to another matter, or on a trailing docket, the court shall so advise counsel. Counsel shall be responsible for advising the court of any scheduling difficulties, such as arrangements with witnesses, which may make the matter difficult or inappropriate for hearing on a “back-up” or trailing docket basis. C. Setting is binding on all parties; vacating a setting. All settings made by or with the approval of the court shall be binding on all parties and attorneys properly notified. No setting shall be vacated except on written motion and on the signature of the party approving the continuance, unless this requirement is waived by the court. D. Failure to meet a trial setting. Failure to give timely notice to the court of an inability to meet a trial setting, where the failure is willful or the result of negligence, may subject the offending party or attorney to appropriate sanctions, including, but not limited to (1) dismissal of the case; (2) payment of jury and other costs; (3) payment of attorneys fees; or (4) sanctions as available under the inherent powers of the court. E. Requests for setting. All requests for setting shall be in the approved form, be completed except for the date and time, and, if the matter is time sensitive, include a statement as to the last calendar date the matter can be heard by the court before the time runs with a citation to the statute or rule regarding the time in which the matter must be heard. Counsel requesting a setting shall provide pre-addressed, stamped envelopes for any counsel or party entitled to notice who does not have a box at the courthouse. The assigned judge’s secretary will file the original of the request for setting form.