District/Municipal Court Rules

District Court Standing Order

District/Municipal Court Rules District Court Standing Order 2-83: Calendaring of civil cases

Effective Date: 12/01/1983

(Applicable to the Fall River Division)

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Standing Order 2-83

1. A general call of the civil list will be conducted in a civil assignment session held at 2:00 P.M. on the first Monday of each month. If the first Monday is a holiday, the assignment session will be held on the next business day. Counsel or parties will be notified at least 7 days in advance that a case is on the monthly assignment session list.

2. A case may be added to the monthly assignment session list by filing a request for trial pursuant to District/Municipal Courts Supplementary Rules of Civil Procedure 108 at least ten days before the first Monday of the month. The Court may, on its own motion, add cases to the monthly assignment session list pursuant to District/Municipal Courts Rules of Civil Procedure 41(b)(1).

3. Attorneys for both sides must appear, prepared to advise the Court as to the nature of the case, the number of witnesses, and the approximate duration of trial. Requests for pretrial conferences should be made at this time. Failure to appear will result in the entry of a dismissal or default.

4. Counsel may avoid the necessity of appearing at the assignment session by submitting a written request for trial on a day and at a time certain, assented to by all attorneys or parties to the action. Such requests will be honored, subject to scheduling availability.

5. Cases will be assigned for trial throughout the month at a time and date certain. Cases may be assigned for any weekday at the convenience of the parties, subject to the availability of a Judge and courtroom. No further notice of the day and time of trial will be given other than the oral notice in the assignment session.

6. Once a case is scheduled for trial, the Court will enforce a strict continuance policy. When in extraordinary circumstances the Court grants a continuance, the case will be continued to the next monthly assignment session for rescheduling.

7. Motions will be heard on Tuesdays and Thursdays at 10:00 A.M. Motions which will be argued by conference call may be marked for any day of the week at a mutually agreeable time.

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