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Rule 4. Assignment and Hearing of Cases-Calendars.
(a) The assignment and calendaring of cases in the district court shall be as set forth in Civil Rule 40(a), or by such procedures established by the presiding judge as will cause all cases to be regularly reviewed for placement on the trial calendar for dismissal for want of prosecution, or other appropriate disposition.
(b) [Applicable to cases filed on or after August 7, 1997.] In a civil action for personal injury or property damage, unless otherwise permitted by order of the court in exceptional cases and for good cause shown, all parties shall file a memorandum to set the case for trial, as set out in Civil Rule 40(b), no later than 180 days after service of the complaint on all parties to the case. The memorandum shall contain a certification that each party has exchanged the information described in Civil Rule 26(a) and may state their separate positions if they do not agree concerning information or estimates to be provided in the memorandum. After the court satisfies itself that the information described in Civil Rule 26(a) has been disclosed, the court shall set the case for trial as soon as practicable, but no sooner than 30 days after the court makes the determination regarding disclosure.
(Amended by SCO 838 effective August 1, 1987; and by SCO 1281 effective August 7, 1997)
Note to SCO 1281: Paragraph (b) of District Court Civil Rule 4 was added by ch. 26, § 45, SLA 1997. According to § 55 of the Act, the amendment to District Court Civil Rule 4 applies "to all causes of action accruing on or after the effective date of this Act." The amendment to District Court Civil Rule 4 adopted by paragraph 13 of this order applies to all cases filed on or after August 7, 1997. See paragraph 17 of this order. The change is adopted for the sole reason that the legislature has mandated the amendment.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
