Rule 21 - Attorneys
Rule 21.1 - Resolution of Conflicting Trial Settings
1. Whenever the same attorney is scheduled to appear for trial or hearing in more than one division at the same time, the trial or hearing of the earlier filed case shall have precedence. In criminal cases, the determination of precedence shall be based on when the defendant was arraigned rather than when the case was filed. Further, criminal cases in which the defendant is in custody shall have precedence over cases in which the defendant is not in custody.
2. If trial or hearing in a division is delayed because an attorney is engaged, said cause shall be tried or heard at the earliest possible time after such attorney becomes available.
3. In these rules the term "engaged" means the actual necessary participation of any attorney in the trial or hearing of a case in any court of general or appellate jurisdiction. However, no attorney shall be considered as so engaged unless that attorney provides notice, in writing, to the judge of the division in which the case is to be postponed, that the attorney is so engaged, and includes the court in which he or she is so engaged, the name and case number of the case in the court in which he or she is so engaged and, as nearly as possible, the time needed to complete the engagement.
4. Furthermore, any notice of engagement shall state whether the counsel notifying the court of a conflicting engagement is lead counsel in the conflicting case and, if so, the date on which counsel filed a designation of lead counsel in such case. Any notice of engagement shall further state whether the attorney filing it is lead counsel in the case in which the notice of engagement is being filed and the date on which the designation of lead counsel was filed in that case.
5. When discussing potential trial or hearing dates at a case management or other conference, counsel shall advise the court of any prior settings for a particular date assigned at a previous case management or other conference in order for the court to make an informed decision on setting a case for trial or hearing on a date for which counsel may already be engaged.
Adopted 4/23/10
Effective 5/24/10
Revised 2/17/23