(adopted 12/23/96; amended 9/15/97; 11/20/00 & 9/27/04) 31.1 Tracks
All cases assigned to general divisions shall be designated as Track 1, Track 2, or Track 3. (amended 12/7/06)
31.2 Designation Upon Filing
The circuit clerk shall designate a track upon the filing of each
case assigned to the general divisions. The track assigned shall be Track 1, unless the case is a products liability, professional malpractice, Federal Employers’ Liability Act, Jones Act, or
wrongful death case, in which event it will be designated as
"Track 2." (amended 12/07/06)
31.3 Redesignation
The Judge before whom a case is pending may, sua sponte, or on motion of a party, redesignate a Track 1 case as a Track 2 case or, if the case is complex, as a Track 3 case, and the judge may redesignate a Track 2 case as a Track 1 case or, if the case is complex, as a Track 3 case. A case cannot be redesignated as a Track 3 case on motion of a party unless the party has submitted a proposed scheduling order. (amended 12/07/06)
31.4 Track 1 Cases
Track 1 cases shall be ready for trial 180 days from the date of filing. This time limit is extended by 60 days if the case is referred for mediation pursuant to Rule 38.4 and if the parties do not opt out of mediation.
(amended 3/21/05; 12/17/07)
31.5 Track 2 Cases
Track 2 cases shall be ready for trial 370 days from the date of filing. This time limit is extended by 60 days if the case is referred for mediation pursuant to Rule 38.4 and if the parties do not opt out of mediation.
(amended 3/21/05; 12/17/07)
31.6 Track 3 Deadlines
Track 3 case deadlines are established on a case by case basis.
31.7 Standard Discovery
Plaintiffs should obtain relevant medical records and signed
authorizations prior to filing suit. The documents shall be made available for inspection and copying by counsel for defendant (at defendant's cost) within five (5) days of defense counsel's entry of appearance. Plaintiffs shall serve pattern interrogatories approved pursuant to Local Rule 32.2.2 with the petition.
Defendant shall serve answers within the time prescribed by the Rules of Civil Procedure. Defendants shall make documents
available for inspection and copying by counsel for plaintiff (at
plaintiff's cost) within five (5) days of the filing of the answer. Defendant shall serve the pattern interrogatories
approved by the Court pursuant to Local Rule 32.2.2 at the time of defense counsel's entry of appearance. Plaintiff shall serve answers within the time prescribed by the Rules of Civil
Procedure.
31.8 Docket Management
The primary responsibility for case management shall rest with the judge before whom a case is pending. The judge shall
establish whatever procedures are deemed necessary to achieve compliance with Supreme Court Operating Rule 17. No provisions herein shall be construed as a limitation upon the exercise of discretion on the part of the judge before whom a case is pending to advance cases on the trial docket, to grant special settings where required for good cause, or otherwise manage the docket.
(amended 12/07/06)
RULE 32 DISCOVERY
32.1 Use of Discovery and Certification to Circuit Division
See Rule 6.3 32.2 Interrogatories
Any party propounding interrogatories in medical negligence, FELA, auto accident, and slip and fall cases shall use
pattern interrogatories approved by the Court. No objections to the pattern interrogatories will be entertained by the Court.
After receiving answers to the pattern interrogatories, any party that requires further information may propound up to five (5) additional interrogatories without leave of Court.
If further information is required after these interrogatories have been answered, additional
interrogatories may be propounded only after the party
desiring additional information obtains leave of Court. Any interrogatories that are propounded in addition to the
pattern interrogatories may be objected to as appropriate.
Pattern interrogatories in Family Court matters are governed by Rule 68.9.
(Adopted November 22, 1993; amended May 31, 1994).
32.3 Depositions No Local Rule
32.4 Motion for Sanctions
A party seeking an order of Court imposing sanctions to enforce discovery shall file and serve upon the non-complying party or his attorney a Motion for Sanctions together with a notice of hearing and a certification pursuant to Rule 33.5. At the time specified for said hearing, the attorney for the movant shall prepare and present to court a proposed order setting forth the
particular discovery sought, a time within which compliance with the order must be completed and the sanction or
sanctions to be imposed for non-compliance. If the party against whom the sanctions are ordered is present in court, in person or by attorney, the order will be effective on the date specified therein. If not, the order will be effective on said date or upon the date of filing of proof of service of a copy of said order by a certified mail receipt or an affidavit of service, whichever is later.
32.5 Criminal Discovery
No Local Rule
32.6 Motions Related to Discovery
1. Material texts must be sent out together. Motions concerning matters arising in the course of discovery
pursuant to any Supreme Court Rule shall separately set out in full each question together with any response, objection or other matter material thereto, so that the Court may consider and rule on each question without referring to any other matter in the Court file.
2. The Court may on its own motion and without extending the times provided by the Supreme Court Rules deny any motion which fails to comply with this rule, and on motion of any opposing party the Court may similarly deny the motion and make further order authorized by Supreme Court