Professional Conduct - I. MOTION PRACTICE PDF Print E-mail

Thursday, 09 October 2008 14:50
Article Index
Professional Conduct
FORWARD
PREAMBLE
A. GENERAL PRINCIPLES
B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
C. SERVICE OF PAPERS
D. WRITTEN SUBMISSIONS TO COURTS, INCLUDING BRIEFS, MEMORANDA, AFFIDAVITS, AND DECLARATIONS
E. COMMUNICATION WITH ADVERSARIES
F. DEPOSITIONS
G. DOCUMENT DEMANDS
H. INTERROGATORIES
I. MOTION PRACTICE
J. EX PARTE COMMUNICATIONS WITH COURTS AND OTHERS
K. SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
L. TRIAL CONDUCT AND COURTROOM DECORUM
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Page 12 of 15
I. MOTION PRACTICE
  • Lawyers should avoid unnecessary motion practice or other judicial intervention by negotiating and agreeing with other counsel whenever practicable. For example, before setting for hearing a nondispositive motion, counsel shall make a reasonable effort to resolve the issue.
  • A lawyer should not force an adversary to make a motion and then not oppose it.
  • After a hearing, the attorney charged with preparing the proposed order should prepare it promptly, generally no later than the following business day, unless it should be submitted immediately to the court. The order fairly and accurately must represent the ruling of the court.
  • Before submitting a proposed order to the court, attorneys should provide the order to opposing counsel for approval, either orally or in writing. Opposing counsel then promptly should communicate any objections. As soon as objections are made, the drafting attorney immediately should submit a copy of the proposed order to the court and advise the court whether the proposed order has been approved by opposing counsel.

Last Updated on Thursday, 09 October 2008 15:01
 
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