As amended through June 11, 2024
(1) A motion to change a court date to an earlier or a later date (Motion to Reset) shall conform to this rule.(2) All motions to reset shall be filed with the Calendaring Department except that juvenile matters will be filed with the juvenile court and family law matters will be filed with the judge assigned to the case.(3) All motions to reset, except in Juvenile Department and family law cases, shall be decided by the Presiding Judge or a judge designated by the Presiding Judge. No other person or judge shall decide a Motion to Reset, except as specified by this rule.(4) Motions to reset shall be decided without hearing, unless requested or the court requires one.(5) All motions to reset filed in family law cases must state whether custody or parenting time are at issue, must state the date of filing of the action for which postponement is sought, and must comply with SLR 8.015.(6) Motions to reset filed after the initial notice of court date: (a) Motions to reset filed after the notice of court date shall be in the form required by UTCR 6.030 and shall be served on the adverse parties.(b) Motions will be granted in cases where there is a conflict with an in-custody trial. The party requesting the reset shall certify in writing that both cases will go to trial as scheduled.(c) The following is a non-exclusive list of factors which are granted some weight, but are not controlling on a motion for a reset: (i) Serious illness or injury of party, attorney or pivotal witness;(ii) Funeral of family or close friend of party, attorney or pivotal witness;(iii) Diligence in attempting to resolve complications such as mental disease and defect;(iv) Calendaring errors by court personnel;(v) likelihood that a judge or courtroom may not be available on the scheduled date;(vi) Factors which could not reasonably have been anticipated until at or near the time of making the motion; or(vii) Any other factor which the court may, in its discretion, deem to be important.(d) The following is a non-exclusive list of factors which are unlikely to result in a postponement (absent a showing of good cause):(i) Failure to complete discovery;(ii) Failure to locate and/or schedule witnesses until shortly before trial;(iii) Failure to subpoena an independent or adverse witness who now may refuse to appear;(iv) Interference with vacations when first brought to court's attention shortly before trial;(v) Failure to adequately prepare for trial; or(vi) Factors which were known or should have been anticipated but were not brought to the court's attention until shortly before trial.Amended effective 2/1/2024.