RESOLUTION PART RULES

HON. MICHAEL J. PINCKNEY

Calendar Check in Procedure

All parties or their attorneys are to check in with the court officer upon arrival by giving the officer the calendar number (the calendar is posted outside the courtroom) and name of the case. Parties should inform the court officer whether counsel represents them.

Attorneys checking in are to give the officer their names and the name of the office they represent. If attorneys have to leave the courtroom, they should inform the court officer how they can be reached.

If neither party has an attorney, the matter will be conferenced with the court attorney once both parties are present.

If a matter is marked for trial / hearing, all parties and their attorneys should check in by 9:45 AM. If an attorney checks in on a case marked for trial or hearing and leaves the room without requesting an application for an adjournment, the proceeding will be sent to the expediter once all parties have checked in.

If a party or attorney has an application for an adjournment, the parties should inform the court officer upon checking in and stay in the courtroom, as applications will be called immediately.

Default Call

Calendar calls will be held at the following times only for those cases where either one or both parties have failed to check in. Defaults and dismissals will be noted at that time.
For cases scheduled for 9:30 AM, the default call will be at 11:00 AM.
For cases scheduled for 11:00 AM, the default call will be at 11:45 AM.
For cases scheduled for 2:00 PM, the default call will be at 3:00 PM.

Orders to Show Cause / Motions

If a party requests oral argument on a motion / order to show cause, the Court will hear oral argument at the Court's discretion, depending on such factors as the time of morning an argument is requested and the caseload for the Part. Attorneys should not assume that the Court will hear argument on a motion / order to show cause at any time the request is made. If the Court declines to hear oral argument on the return date of a motion, the matter may be taken on submission if fully briefed. If not fully briefed, an application for a briefing schedule should be made. If oral argument is still requested, the Court will set a date and time for argument.

If a briefing schedule is established, the attorneys should file their papers in this part so that the Court may review them prior to the return date set for oral argument.

Adjournments

Applications for a trial date and a briefing schedule for an argument on a motion must be made to the Court. Only the Court can establish a date for trial, to be done only after it is convinced that the matter can not be resolved.

Morning Cases

If a case scheduled for 9:30 AM or 11:00 AM has not been resolved by 1:00 PM (either by stipulation, adjournment or decision / submission on a motion) the Court in its discretion may dispose of the matter at that time in an appropriate manner. Attorneys should be present before 1:00 PM to inform the Court of the status of the case, including attempts made to settle. If attorneys are not present by 1:00 PM, the defaulting party risks dismissal or entry of a default judgment.