MOTIONS TO CONTINUE INVOLVING SCHEDULING CONFLICTS
Motions to Continue involving scheduling conflicts, should state that the moving party has conferred with all other parties and should contain the position of each party relative to the requested continuance. When an attorney is scheduled to appear in more than one court at the same time:
ATTORNEY CALENDAR CONFLICT RESOLUTION ORDER
Current with amendments received through 1-1-2001.
Whenever an attorney receives notice of the setting of any case for trial or of any motion for a hearing, the attorney shall immediately review his or her calendar and determine if the setting causes a scheduling conflict.
When an attorney is scheduled to appear in more than one court at the same
time, or within such a short period that the attorney cannot reasonably be
expected to appear in both courts, he or she shall, upon receipt of the notice
producing the conflict, immediately attempt to make adequate arrangements for
representation of each client's interest by substitution of counsel or shall
otherwise attempt to resolve the conflict by consulting with counsel
representing the adverse parties in the conflicting cases.
If the attorney is unable to resolve the conflict by the means suggested in
the last paragraph, he or she shall promptly attempt to resolve the conflict by filing an appropriate motion with one or more of the courts involved.
If the attorney is unsuccessful in resolving the conflict by motion, he or
she shall forthwith consult the judges involved in the conflicting cases,
notifying them of the efforts he or she has made to resolve the conflict and of
the fact that those efforts have been unsuccessful.
It shall be the duty of the judges involved to resolve the conflict by
consultation and to notify the attorney of the resolution. In the event the
judges involved cannot resolve the conflict, then either attorney may request
that the conflict be resolved by a judge or a panel of judges appointed by the
chief justice.
No resolution of a conflict shall result in a continuance unless a
continuance is expressly ordered by a trial judge.
Once there has been entered an order establishing a priority among
conflicting cases, that order will not relieve an attorney from appearing in
secondary proceedings in the event the priority case is settled, dismissed, or
rescheduled for whatever purpose.