Part Rules
Resolution Part Rules Trial Part Rules
Resolution Part Rules
Hon. Deighton Waithe
Rules of the Resolution Part are subject to change, adjustment or modification, as may be warranted, in the discretion of the court.
1. The Resolution Part will be available to hear all cases on its calendar
promptly at 9:30 and 11:00 A.M. and at 2:15 P.M. or as otherwise directed
by the court or agreed by the parties, with leave of court.
2. Cases on the 9:30 calendar will be subject to dismissal/default upon failure to appear by 11:00 A.M., upon application of the appearing party. Cases scheduled for the 11:00 A.M. calendar will be subject to dismissal/default upon failure to appear by 12:30 P.M., upon application of the appearing party. Cases on the 2:00 P.M. calendar will be subject to dismissal/default upon failure to appear by 3:30 P.M., upon application of the appearing party.
3. If neither party appears at the appointed time, the case will be held until 4:00 P.M. at which time the court will call the case and enter a default upon failure of both parties to appear, or adjourn the matter as may be warranted.
4. All parties or counsel, must check in with the court officer or clerk upon entering the court room. There will be no formal calendar call.
5. It shall be the responsibility of each attorney to file a current notice of appearance with the court as necessary and be fully authorized to engage in settlement discussion on behalf of the client, to resolution.
6. Applications for adjournment must first be submitted to the Court
Attorney for initial review relative to propriety and availability. The
court reserves the right to deny any application for adjournment, notwithstanding
prior agreement between the parties. Therefore, attorneys should not presume
the court will sanction “two attorney” stipulations left without
the court’s knowledge. No adjournments, on matters pending before
the court, will be granted telephonically except upon exigent circumstances,
and only via three way communication with the court and the applicant’s
adversary. If the parties cannot agree on a date, the court’s calendar
will be controlling.
7. Determinations as to the “trial-readiness”of each case
will be made by the court after appropriate conference and consideration.
No case will be sent out for trial simply because the attorneys believe
they have reached an impass.
8. Cases resolved outside of court by settlement, discontinuance, or otherwise
must be disposed of by way of written stipulation presented to the clerk
of the part for submission to the court for approval.
9. Stipulations must be reviewed by the court and will be thoroughly explained to all self-represented litigants before they are “so-ordered”. Therefore, all self-represented litigants must be present in the court room for formal allocution. Although Petitioner’s counsel need not be present for the allocution, counsel must remain available and subject to “call” in the event the self represented litigant has questions or wishes to disavow or nullify the proposed agreement. Failure of Respondent to be present for the allocution or counsel to appear on call, may result in rejection of the stipulation, default, dismissal or adjournment. Whenever repairs are at issue, the stipulation must include a list of the alleged conditions or violations with specific dates for access and a provision that Respondent may restore the case to the court’s calendar for appropriate relief in the event of default. All monies due under the stipulation must be broken down by month.
10. The court will not accept submission on any motion without prior oral argument.
Trial Part Rules
Hon. Deighton Waithe
1. The Trial Part will be available to hear “trial-ready” cases promptly at 9:30 A.M. and at 2:15 P.M. or as otherwise directed by the court or agreed by the parties with leave of court.
2. Cases on the 9:30 trial calendar will be subject to dismissal/default upon failure to appear by 11 A.M. and upon application of the appearing party.
3. If neither party appears at the appointed time, the case will be held until 4:00 P.M. at which time the court will call the case and enter a default upon failure of both parties to appear, or adjourn the matter as may be warranted.
4. All parties, or counsel, must check in with the court officer or clerk upon entering the court room. It shall be the responsibility of each attorney to file a current notice of appearance with the court as necessary and be ready to proceed to trial and/or be fully authorized to engage in settlement discussion on behalf of the client, to resolution.
5. Since cases referred to the trial part should be ready for trial upon arrival, applications for adjournment will not be liberally granted. No adjournments, on matters pending before the court, will be granted telephonically except upon exigent circumstances, and only via three way communication with the court and the applicant’s adversary. However, mutual agreements to adjourn may be forwarded to the court by facsimile copy so long as the document is signed by all parties concerned.
6. Notwithstanding the presumed trial readiness of each case, the court reserves the right to re-conference the matter prior to commencing trial. In the event the case cannot be settled, the parties must be prepared to go immediately to trial.
7. Cases resolved outside of court by settlement, discontinuance, or otherwise must be disposed of by way of written stipulation submitted to the court, court officer or clerk when available in the part.
8. Stipulations must be reviewed by the court and thoroughly explained to all self-represented litigants before they are “so-ordered”. Therefore, all self-represented litigants must be present in the court room for formal allocution. Although Petitioner’s counsel need not be present for the allocution, counsel must remain available and subject to “call” in the event the self represented litigant has questions or wishes to disavow or nullify the proposed agreement.
9. The court will not accept submission on any motion without prior oral argument.
10. The rules of the Trial Part are subject to change or adjustment as may
be warranted in the discretion of the court.
