Rule 25-34A. Scheduling of Motions

(a) Any pendente lite motion filed shall, unless scheduled for the motion docket pursuant to subsection (c) of this section or otherwise scheduled or docketed by the court, be deemed automatically scheduled for the next case date held in the action pursuant to Section 25-50A or, if no future case dates are to be held, then for the time of trial. At least five business days before a case date, each party shall provide to the other party and file with the court a notice listing those of the party's pending pendente lite motions, if any, that the party wishes to pursue at the case date, in the order of priority that the party wishes the motions to be heard. If a party fails to provide and file such list, or files a motion less than five business days before the case date and the nonmoving party objects to having such motion heard on the case date, the motion will not be heard on that date unless the court determines that the interests of justice would be served by hearing it on the case date and doing so would cause no substantial prejudice to the nonmoving party.

(b) Each judicial district shall have a regular motion docket for scheduling pendente lite motions. Such docket shall be scheduled on a regular basis, but at least once each month. Motions shall be placed on the motion docket in accordance with subsection (c) of this section.

(c) (1) With the exception of matters governed by Chapter 13, oral argument on any motion or the presentation of evidence thereon shall be allowed before the next court event at which the motion would otherwise be deemed scheduled pursuant to this section if an appearing party has requested that such motion be placed on the motion docket and the judicial authority has granted such request.

(2) A request that a motion be placed on the motion docket may be made as follows:

(A) when the parties appear before a judge, either party may orally request that a particular motion be placed on an upcoming motion docket, or (B) by filing a Caseflow Request (JD-FM-292) with the section for requesting placement of a pendente lite motion on a motion docket completed. Nothing in this section shall preclude a party from requesting that a motion be placed on the motion docket prior to the resolution plan date.

(3) In acting on a request to place a motion on the motion docket, the court may consider the following factors along with any other factors the court deems relevant: (A) the nature of the motion and the reasons stated for the request, including but not limited to the need of either party for a court order regarding (i) sufficient child support or alimony to meet the reasonable current expenses,

(ii) custody, visitation or decision making regarding children, (iii) occupancy of the party's dwelling unit, (iv) use of a motor vehicle, or (v) essential personal property of one party in the possession of the other party; (B) if not placed on the motion docket, the length of time before the next court date at which the motion could be heard; (C) whether the motion is related to, or duplicative of, another motion or motions already heard or scheduled to be heard; (D) if the case has been assigned to a designated judge, the availability of that judge to hear the motion if it is placed on a motion docket.

(4) If the matter will require more than one hour of court time, it may be specifically assigned for a date certain.

(5) Parties are required to appear and be prepared to proceed with a hearing on the day of the assigned motion docket unless a timely request for continuance has been granted, or the motion is withdrawn or resolved by agreement in advance.

(6) Nothing in this section shall prevent the judicial authority from assigning any other motion to be heard on the motion docket.

(d) Oral argument and the presentation of evidence on motions made under Chapter 13 and other nonarguable motions are at the discretion of the judicial authority. The nonmoving party shall have a period of five business days to file an objection to such a motion, unless the Practice Book specifies a different period of time for objection to the particular type of motion filed, in which case the different period shall apply. After allowing the applicable period for objection, the court may, in its discretion, rule on the motion or assign the matter for oral argument or an evidentiary hearing, provided that argument or a hearing shall be scheduled if any other rule applicable to the motion in question requires the same when an objection is filed. If the judicial authority has determined that oral argument or the presentation of evidence is necessary on a motion made under Chapter 13 or other nonarguable motion, the judicial authority shall set the matter for oral argument or an evidentiary hearing on a case date or motion docket upon consideration of the same factors set forth in subsection (c) of this section for the placement of arguable motions on the motion docket, or other date determined by the judicial authority.

(e) Failure to appear and to present argument on the date set by the judicial authority shall constitute a waiver of the right to argue unless the judicial authority orders otherwise. This subsection shall not apply to those motions where counsel appeared on the date set by the judicial authority and entered into an agreement for a scheduling order for discovery, depositions and a date certain for hearing that was approved and ordered by the court.

(f) Unless otherwise ordered by the court: (1) a postjudgment motion that does not relate to emergency ex parte relief will be assigned a resolution plan date in the same manner as set forth in Section 25-50A (a); (2) if an additional postjudgment motion is filed in the same case before the resolution plan date is held, it will be scheduled for the same resolution plan date; and (3) if an additional postjudgment motion is filed in the same case after the resolution plan date is held, but before the court hearing date for the original motion, the subsequent motion will be scheduled for the same hearing date as the original motion. Nothing in this subsection shall preclude the court from issuing an order on the resolution plan date.