SLR 21-7.035: INCLUSION OF OTHER PARTY’S POSITION IN MOTIONS AND SCHEDULING REQUESTS 6

REQUESTS In all cases, motions and scheduling requests must contain the other party’s position as to the motion or request in the first paragraph of the body of the motion. (1) This rule does not apply to: (a) Ex parte matters; (b) Scheduling requests in civil matters in which time periods for responses are governed by other rules; (c) State’s Motions to Dismiss a criminal charge or probation violation; Twenty-First Judicial District, Benton County Circuit Court Page 7 of 22 (d) Motions to Disqualify a judge; (e) Motions to Revoke Probation; (f) Motions to Terminate Diversion; (g) Motions to Revoke Release; (h) Motions to Suspend Victim Notifications; (i) Motions and Petitions to set aside (expunge) criminal matters; (j) Motions filed by individuals who are in custody at the time of filing. (2) If the party filing a motion or scheduling request has made a good faith effort to obtain a position on the matter from the other party, and been unsuccessful in such effort, the first paragraph of the motion must contain a detailed explanation of the unsuccessful attempts made to obtain a position statement from the other party. Good faith effort to obtain the position of the other party may be demonstrated by documentation of emails sent, letters sent via US Postal Service, or phone calls attempted.