Back to Main Page / Back to List of Rules

Rule 245. Assignment of Cases for Trial (1990)

TEXT

The Court may set contested cases on written request of any party, or on the court's own motion, with reasonable notice of not less than forty-five days to the parties of a first setting for trial, or by agreement of the parties; provided, however, that when a case previously has been set for trial, the Court may reset said contested case to a later date on any reasonable notice to the parties or by agreement of the parties. Noncontested cases may be tried or disposed of at any time whether set or not, and may be set at any time for any other time.

A request for trial setting constitutes a representation that the requesting party reasonably and in good faith expects to be ready for trial by the date requested, but no additional representation concerning the completion of pretrial proceedings or of current readiness for trial shall be required in order to obtain a trial setting in a contested case.

Amended by order of April 24, 1990, eff. Sept. 1, 1990: First paragraph, to harmonize a first time nonjury setting with the time for jury demand, and to set a more realistic notice for trial. Second paragraph, to standardize the readiness requirement to obtain a trial setting.