Rule 24. Determination of Matters by Hearing Without Appearance

(a) A hearing without appearance is a setting before or with the court for a ruling without the appearance of the parties.

(b) Unless otherwise required by statute, these rules, or court order, any appropriate matter may be set for a hearing without appearance.

(c) The procedure governing a hearing without appearance is as follows:

(1) Attendance at the hearing without appearance is not required or expected.

(2) Any interested person wishing to object to the requested action set forth in the court filing attached to the notice must file a specific written objection with the court at or before the hearing, and must serve a copy of the objection on the person requesting the court order and all persons listed on the notice of hearing without appearance. Form JDF 722, or a form that substantially conforms to JDF 722, may be used and will be sufficient.

(3) If no objection is filed, the court may take action on the matter without further notice or hearing.

(4) If any objection is filed, the objecting party must, within 14 days after filing the objection, contact the court to set the objection for an appearance hearing. If a hearing is scheduled, the objecting party must file a notice of hearing, and serve a copy on all persons listed on the notice of hearing without appearance. Failure to timely set the objection for an appearance hearing as required will result in action by the court as set forth in subsection

(d) .

(d) Upon the filing of an objection, the court may, in its discretion:

(1) Rule upon the written filings and briefs submitted;

(2) Require oral argument;

(3) Require an evidentiary hearing;

(4) Order the petitioner, movant, objector, and any other interested person who has entered an appearance to participate in alternative dispute resolution; or

(5) Enter any other orders the court deems appropriate.

(e) The Notice of a Hearing Without Appearance, together with copies of the court filing and proposed order must be served on all interested persons no less than 14 days prior to the setting of the hearing and must include a clear statement of this rule governing a hearing without appearance. Form JDF 712 or JDF 963, or a form that substantially conforms to such forms, may be used and will be sufficient.

Committee Notes

Source: Entire chapter amended and adopted June 28, 2018, effective September 1,