Rule 94.Setting Contested Matters for Trial.

Once an answer is filed or the adverse party appears, either party may move to set the case for trial, and the motion must be filed no later than 9 months after the complaint unless the court extends the period. That deadline is the engine that keeps a contested matrimonial case moving.

The motion carries two declarations. First, that a bona fide attempt to settle has been made, that mediation has been attempted or is inappropriate for stated reasons, and that those efforts failed. Second, that the movant has completed the preliminary proceedings and discovery it wants or has time to before trial, that the other side has had a reasonable opportunity to do the same, and that the case is otherwise ready.

Three attachments go with it: current income and expense and asset and debt statements, a written statement of facts setting out the movant position on every issue with the factual and legal basis for it, and whatever else the court requires. The responding party files the same material, within 30 days of receipt, or within 14 days where the conference is set inside 30 days.

The court then holds a Motion to Set conference, attended by each party and any counsel, at which it assigns a trial date if appropriate, continues the conference if appropriate, and discusses and may require alternative dispute resolution. It may also set deadlines for discovery, exhibits, exhibit lists and witness lists and schedule a pre-trial conference, settlement conferences and calendar calls. Deviations from the filing times need a court order on good cause, and non-appearance or non-compliance may draw sanctions under Rules 37(b) and 89.