Skip to main content

Rule 2-11 Assignment on Calendar

Rule 2: The Practice

2-11.1. Assignment as Docketed

Unless otherwise provided by law, or the court orders otherwise, the clerk shall assign cases for hearing on the calendar in the order in which they are docketed.

2-11.2. Special Assignment

A special assignment may be given by the court in any case where the state or any subdivision thereof is a party, or in any matter impressed with the public interest, or in any case where the interest of justice requires an immediate or special hearing.

2-11.3. Summary Disposition

Cases may be assigned for summary disposition with or without oral argument when the court so orders.

2-11.4. Request for Oral Argument

Appeals in all cases shall be submitted for decision without oral argument unless a written request for permission to orally argue is filed in the clerk’s office by a party within thirty (30) days after lodging of the record in the court and permission is granted.

Pursuant to this Rule, the request for oral argument shall be in the form of a motion or a letter. A request for oral argument made within a party’s brief shall not be considered. A timely request for oral argument by one party shall be applicable to all parties. Ordinarily, timely requests for oral argument will be granted, except in cases assigned for summary disposition. When permission for oral argument has been granted to one party, the right to oral argument shall extend to all parties, unless the right to orally argue had been forfeited.

2-11.5. Cases Carried Over

A case assigned for oral argument that is not reached or in which the argument is not completed on the assigned day, shall go over to the next argument day, unless the court reassigns the case for a particular day.

2-11.6. Continuance

No case fixed for argument or submission on the calendar shall be continued, except in extraordinary situations which the court deems to justify a continuance.

2-11.7. Submission Without Oral Argument

Any case docketed may be submitted at any time for decision without oral argument on the court’s own motion, or on the joint motion of all parties entitled to oral argument.

2-11.8. Court’s Authority to Hear Argument

The court shall retain its authority to order oral argument in any case.

2-11.9. Notification of docketing

The clerk shall post each docket and transmit it to all counsel of record, and to any party not represented by counsel, not less than 30 days prior to the date fixed for oral argument/submission; provided, however, that the 30-day notice required herein shall not be applicable if otherwise ordered by the court. The clerk shall note on the docket the dates and hours of sessions of court.