Section 325.21919. Motion practice.  


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  • (1) Not less than 5 days before the date set for hearing in the notice, all preliminary motions shall be filed, unless the presiding officer, for good cause shown, permits the filing of such motions at a later date. These motions include all of the following:

    (a)   Motions for a more definite statement.

    (b)   Motions to strike pleadings.

    (c)   Motions to amend pleadings.

    (d)  Motions for accelerated judgment.

    (e)   Motions for summary judgment.

    (f)  Discovery motions.

    (g)   Motions relative to depositions.

    (2)   On the date set for hearing in the notice, the presiding   officer shall first hear all pending preliminary motions. He or she shall decide them in the same manner as provided for in the general court rules of this

    state for civil cases. Thereafter, all motions are to be made, heard,  and decided at the discretion of the presiding officer.

    (3)   After hearing all pending preliminary motions, if any, the presiding officer may hold a prehearing conference as provided for in  these  rules.

History: 1981 AACS.