Section 25-34A.Scheduling of Motions

The default. A pendente lite motion is deemed automatically scheduled for the next case date in the action, or for the time of trial if no case dates remain — unless it is put on the motion docket or otherwise scheduled by the court. At least five business days before a case date, each party gives the other and files with the court a list of the pending pendente lite motions they want heard, in the order of priority they want. A party who files no list, or who files a motion less than five business days before the case date over the other side’s objection, does not get it heard that day unless the court finds that the interests of justice would be served and no substantial prejudice would result.

The motion docket. Each judicial district holds one regularly, at least once each month. A motion goes on it if an appearing party requests that and the judicial authority grants the request. The request can be made orally when the parties are before a judge, or by filing the caseflow request form, and it may be made before the resolution plan date.

What the court weighs. In deciding a request, the court may consider the nature of the motion and the reasons given — including a party’s need for an order about sufficient child support or alimony to meet reasonable current expenses, custody, visitation or decision making, occupancy of a dwelling unit, use of a motor vehicle, or essential personal property held by the other party — how long the next available court date is otherwise, whether the motion duplicates another, and the availability of a designated judge. A matter needing more than one hour of court time may be specially assigned for a date certain. Parties must appear ready to proceed on the day, unless a continuance has been granted or the motion is withdrawn or resolved by agreement.

Nonarguable motions. Argument and evidence on discovery motions and other nonarguable motions are at the court’s discretion. The nonmoving party has five business days to object, unless another rule sets a different period. After that period the court may rule on the papers or set the matter down, though a hearing must be scheduled where another applicable rule requires one on objection.

Waiver, and postjudgment motions. Failing to appear and argue on the date set waives the right to argue, unless the court orders otherwise — except where counsel appeared and entered a court-approved scheduling order for discovery, depositions and a date certain. After judgment, a motion that is not an emergency ex parte matter is assigned a resolution plan date in the same way as at the start of a case, later motions filed before that date join it, and motions filed after it join the original motion’s hearing date.