§ Rule 40 Assignment of Cases for Trial

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Rule 40. Assignment of Cases for Trial

    (a) Continuous Session of District Court. The district court is in continuous session in each county. Criminal and civil cases must be scheduled for trial in accordance with a calendaring procedure maintained and operated under the direction and supervision of the presiding judge of the district.

    (b) [Deleted]

    (c) Trial Dates. All contested cases must be assigned trial dates by the trial judge under the direction and supervision of the presiding judge of the district.

    (d) Trial Date Continuances. A party seeking a continuance must make a request to continue a trial within 14 days after receiving notice of trial from the court. The trial judge scheduled to hear the case must approve any request for continuance. If unavoidable circumstances are shown, the trial judge may waive the 14-day requirement.

    (e) Untried cases. On motion, or on its own, the court may dismiss, without prejudice, an action or proceeding that has been pending and filed in which there has been a lack of prosecution for more than one year.