Overview

Keyword Index

SECTION 1.1
JURISDICTION; TIME LIMITS

1.1-1 Jurisdiction
A. General
B. Jurisdiction: Monetary Limit
C. Subject-Matter Jurisdiction: Exclusions
D. Subject-Matter Jurisdiction: Kinds of Actions
E. Territorial Jurisdiction
F. Venue of Actions
G. Personal Jurisdiction
H. Indian Jurisdiction

1.1-2 Time Limits for Bringing Actions
A. Computation of Time Limits
B. Time Limits in General
C. Other Time Limits
D. Determination That Time Limit Has Passed

SECTION 1.2
CIVIL PROCEDURE BEFORE TRIAL

1.2-1 Complaint
A. Filing of Complaint and Docketing of Action
B. Other Matters Related to Complaint

1.2-2 Summons
A. Purpose
B. Issuance
C. Service of Process - General
D. Service of Process - Methods of Service
E. Service by Mail
F. Who May Serve
G. Proof of Service of Process; Return

1.2-3 Answer, Counterclaim, Third-Party Complaint
A. General
B. Counterclaim or Setoff
C. Third-Party Complaint
D. Interpleader
E. Filing of Answer
F. Jury Demand by Defendant
G. Clarifying or Amending Complaint or Answer
H. Service of the Answer
I. Defenses
J. Default

1.2-4 Pleadings and Motions
A. Service and Filing of Papers
B. Pleadings
C. Motions
D. Motion for Judgment on the Pleadings
E. Motion for Summary Judgment

1.2-5 Parties
A. Who may Sue; Real Party in Interest
B. Minors and Incapacitated Persons
C. Death or Incapacity; Transfer of Interest
D. Joinder of Parties
E. Pro Se and Attorney Appearance
F. Other Authorized Appearances
G. Attorney Appearance
H. Withdrawal or Attorney Failure to Act

1.2-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal Without Court Order
C. Voluntary Dismissal By Court Order
D. Involuntary Dismissal By Court Order
E. Counterclaims, Cross-Claims
and Third-Party Claims
F. Costs of Previously Dismissed Action
G. Filing; Service

1.2-7 Other Preliminary Matters
A. Discovery
B. Pretrial Conference
C. Notice of Trial
D. Recording of Trial
E. Appointment of Special Master, Arbitrator or Metropolitan Court Judge Pro Tempore

1.2-8 Joint and Separate Trials
A. Reasons
B. Motions; Order

SECTION 1.3
JUDGMENT; ENFORCEMENT; APPEAL

1.3-1 Judgment
A. Definition
B. Entry of Judgment
C. Multiple Claims or Multiple Parties
D. Damages
E. Interest to Date
F. Costs to be Reimbursed (Taxing Costs)
G. Satisfaction of Judgment
H. Relief from Judgment: Clerical Mistake
I. Relief from Judgment: Void Judgment

1.3-2 Default Judgment
A. Definition; Types
B. Entry of Default Judgment
C. Motion to Set Aside Default Judgment
D. Multiple Parties

1.3-3 Reserved

1.3-4 Determination of Judgment Debtor's Assets
A. Judgment Debtor Examination
B. Deposition

1.3-5 Appeal
A. Right of Appeal
B. Notice of Appeal
C. Record on Appeal
D. Stay of Proceedings to Enforce Judgment
E. Review and Remand

SECTION 1.4
EXECUTIONS AND GARNISHMENTS

1.4-1 Executions of Judgments
A. Definitions; General
B. Writ of Execution
C. Exemptions
D. Claim of Exemption for Satisfaction of Separate and Community Debts
E. Transcript of Judgment
F. Levy and Sheriff's Sale
G. Renewal of Execution
H. Examinations and Depositions to Aid Execution

1.4-2 Garnishment
A. Definitions; General
B. Types of Garnishment
C. Garnishment in Advance of Execution
D. Garnishment in Aid of Execution of Judgment
E. Garnishment in Aid of Execution of Judgment Entered in Another Court
F. Default Judgment Against Garnishee
G. Release of Garnishment
H. Miscellaneous
I. Appeals on Rulings on Claims of Exemptions

SECTION 1.5
SPECIAL PROCEEDINGS

1.5-1 Attachment
A. Definition
B. Constitutionality
C. Procedures
D. Attachment Service Response
E. Dissolution of Attachment
F. Exemptions from Attachmen
G. Appeals in Attachment

1.5-2 Replevin
A. Definition
B. Complaint; Limits
C. Judgment; Execution

1.5-3 Forcible Entry or Unlawful Detainer
A. Procedure; Complaint
B. Judgment
C. Execution
D. Appeal

1.5-4 Bankruptcy
A. Overview of the Bankruptcy Process
B. Effect of Bankruptcy on Civil Court Cases
C. Effect of Bankruptcy on Criminal Court Cases
D. Effect of Bankruptcy on Collection of Criminal Fees and Fines

SECTION 1.6
LANDLORD-TENANT PROCEEDINGS

1.6-1 Uniform Owner-Resident Relations Act
A. Important Note
B. Coverage; Application of Act
Chart: Obligations of Owner and Resident Under Owner-Resident Relations Act
C. Obligations of the Owner Under the Act
D. Obligations of the Resident Under the Act
E. Types of Actions Allowed Under the Act
Chart Owner Resident Relations Act
Causes of Action
F. Notice
G. Termination of Rental Agreements and Abatement of Rent
H. Actions for Possession
I. Actions for Damages
J. Petition by Owner for Restitution; Petition by Resident for Relief; Summons
K. Judgment; Writ of Restitution
L. Actions for Counterclaim
M. Appeal in Actions for Possession
N. Deposits
O. Disposition of Property Left on Premises

1.6-2 Mobile Home Act
A. Application of Act
B. Conflicts of Law
C. Obligations of Owner
D. Obligations of Tenant
E. Tenancy Requirements, Rental Agreements
F. Termination of Tenancy
G. Action for Termination/Forcible Entry/Detainer
H. Security Agreements/Deposits
I. Alternative Dispute Resolution
J. Conflicts of Law/Mediation

CRIMINAL CHAPTER

SECTION 2.1
MISDEMEANORS: GENERAL; PROCEDURES BEFORE TRIAL

2.1-1 General
A. Definitions
B. Jurisdiction
C. Venue
D. Time Limitations
E. Determination of Present Competency

2.1-2 Complaint; Summons; Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Criminal Summons
C. Arrest without a Warrant
D. Preliminary Rights
E. Probable Cause Determination
F. Detention Hearing for Children
G. Arrest Warrant

2.1-3 Arraignment
A. Definition; General
B. Juveniles in the Magistrate and
Metropolitan Courts
C. Explanation of Rights
D. Representation by Counsel
E. Entry of Plea

2.1-4 Joint and Separate Trials
A. Joinder of Offenses
B. Joinder of Defendants
C. Consolidation
D. Severance; Separate Trials

2.1-5 Jury Trial
A. Right to Jury Trial
B. Exercise or Waiver of the Right to Jury

2.1-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal by Prosecution
C. Dismissal for Failure to Prosecute
D. Refiled Complaints in Metropolitan Court

2.1-7 Sentencing Options
A. Deferral, Suspension and Probation

2.1-8 Other Preliminary Matters
A. Subpoenas
B. Discovery
C. Pretrial Conference
D. Motions
E. Recording of Trial
F. Service and Filing by Facsimile
G. Service and Filing by Electronic Transmission

SECTION 2.2
FELONIES

2.2-1 General
A. Definition
B. Authority of Court

2.2-2 Complaint and Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Issuance of Arrest Warrant
C. Arrest and Return
D. Arrest Followed by Complaint
E. Amendment of Complaints

2.2-3 First Appearance
A. Definition; General
B. Explanation of Rights
C. Representation by Counsel
D. Determination of Indigency
E. Release; Bail
F. Explanation of Preliminary Examination and Grand Jury Indictment Process
G. Dialogue for First Appearance

2.2-4 Fugitive Actions
A. Fugitive Complaint
B. Arraignment and Commitment Hearing
C. Transfer of Actions

SECTION 2.3
MISDEMEANORS: JUDGMENT; SENTENCE; APPEAL

2.3-1 General
A. Judgment and Sentence; Written Orders
B. Right to Appeal

2.3-2 Sentencing
A. Pre-Sentence Report
B. Sentencing Options
C. Sentencing for Hate Crimes
D. Terms and Conditions of a Deferred or Suspended Sentence: Probation
E. Successful Completion of or Violation and Revocation of Probation

2.3-3 Court Costs and Fines
Payment of Court Costs and Fines

2.3-4 Appeal
A. Right, Notice and Docketing of Appeal
B. Transcript of Proceedings
C. Conditions of Release
D. Disposition; Time Limitations

SECTION 2.4
GAME AND FISH VIOLATIONS

2.4 Game and Fish Violations
A. Jurisdiction; Penalties
B. Arrest; Search Warrants; Citations
C. Prosecution

SECTION 2.5
SEARCH AND SEIZURE

2.5-1 Search Warrants
A. General
B. Sufficiency of Affidavit; Probable Cause

2.5-2 Searches Without Warrants
A. General
B. Searches of Persons and Places
C. Searches of Motor Vehicles

2.5-3 Motion to Suppress
A. General
B. Who May File Motion
C. Grounds for Suppression

2.5-4 Gambling: Search and Seizure
A. Affidavit
B. Search Warrant
C. Execution: Arrest

2.5-5 Inspection Orders
A. Administrative Inspection; Defined
B. Application for Inspectorial Search Order
C. Probable Cause for Issuance of Inspection Order
D. Exceptions to Requirement for Inspection Order

SECTION 2.6
RELEASE; BAIL

2.6-1 General
A. Right to Release; Purpose of Conditions
B. Factors to be Considered Prior to
Setting Conditions of Release
C. Conditions of Release to Assure Orderly Administration of Justice
D. Release Proceedings
E. Release Forms
F. Failure to Comply with Conditions of Release
G. Failure to Appear
H. Forfeiture of bail -- exoneration
I. Misdemeanors: Continuation and
Review of Release

2.6-2 Personal Recognizance and Bonds
A. Personal Recognizance
B. Bonds; General
C. Unsecured Appearance Bond
D. Appearance Bond: Cash Deposit.
E. Appearance Bond: 100 Percent Cash Deposit
F. Bail Bond
G. Bail Bond: Discharge of Surety
H. Bonds: Forfeiture

GENERAL CIVIL & CRIMINAL CHAPTER

SECTION 3.1
SUBPOENAS

3.1 Subpoenas
A. General
B. Issuance; General Rules
C. Service of Subpoena
D. Motion to Quash Subpoena
E. Failure of Appear

SECTION 3.2
JURY SELECTION AND TRIALS

3.2-1 Calling of Prospective Jurors
A. General
B. Request for Qualified Jurors
C. Excusing
D. Jury Costs

3.2-2 Trials General

3.2-3 Calling the Cause
A. Start of Trial
B. Readiness to Proceed with Trial
C. Motion to Quash Jury Array
Appendix
UJI Civil 13-106 7
UJI Criminal 14-101 10

3.2-4 Selection of Jury
A. Calling Jurors
B. Voir Dire: General
C. Challenges for Cause
D. Drawing Names
E. Peremptory Challenges
F. Additional Jurors
G. General
Appendix
   Voir Dire Instructions in Civil Cases
   Voir Dire Instructions in Criminal Cases

3.2-5 Oath to Jurors; Preliminary Instructions
A. Oath
B. Preliminary Instructions
C. Opening statement -- UJI Civil 13-108
Appendix
   Preliminary Instructions in Civil Cases
   Preliminary Instructions in Criminal Cases

3.2-6 Witness Oath; Exclusion Rules; Opening Statements
A. Witness Oath
B. Exclusion Rule
C. Opening Statements

3.2-7 Presentation of Evidence
A. Order of Presentation
B. Witnesses: Testimony
C. Defendant as Witness
D. Introduction of Documentary Evidence and Other Things
E. Objections
F. Confessions

3.2-8 Rules of Evidence
A. Overview
B. Application of the Rules of Evidence
C. Construction of the Rules of Evidence
D. General Principles of Evidence
E. Relevancy
F. Evidence on Specific Topics
G. Witness Testimony
H. Hearsay
I. Privileges

3.2-9 Instructions to Jury
A. General
B. Instructions in Criminal Cases
C. Instructions in Civil Cases
D. Requested Instructions

3.2-10 Closing Arguments
A. Definition
B. Order of Presentation

3.2-11 Jury Deliberation; Verdict; Trial by Court
A. Deliberation
B. Procedure When Jury Reaches Verdict
C. Failure of Jury to Reach Verdict
D. Trial by Court: Nonjury Trials

3.2-12 Motions for Directed Verdict or Dismissal During Trial
A. Motion for Directed Verdict
B. Motions for Dismissal

3.2-13 Motion for New Trial

3.2-14 Preservation and Disposition of Exhibits
A. Preservation
B. Return to Court for Appeal
C. Final Disposition

SECTION 3.3
BENCH WARRANT

3.3 Bench Warrant
A. General
B. Issuance
C. Execution; Return
D. Grounds for Issuing Bench Warrant

SECTION 3.4
CONTEMPT

3.4 Contempt
A. General; Definitions
B. Direct Contempt
C. Indirect Contempt
D. Notice
E. Hearing
F. Punishment; Appeal

SECTION 3.5
EXCUSAL, RECUSAL, INABILITY TO PROCEED

3.5-1 Excusal, Recusal, Inability to Proceed
A. Excusal
B. Recusal
C. Inability of a Judge to Proceed
D. Procedure for Replacing a Judge Upon Excusal or Recusal - Magistrate Court
E. Procedure for Replacing a Judge Upon Excusal or Recusal - Metropolitan Court

3.5-2 Recording of Proceedings
A. Record
B. Broadcasting and Photographs

SECTION 3.6
EFFECTIVE DATES OF STATUTES AND COURT RULES

3.6 Effective Dates of Statute and Court Rules
A. General
B. Exceptions

2.1-8 Other Preliminary Matters

A. Subpoenas
See §3.1 of this Benchbook on subpoenas.

B. Discovery (Magis. Ct. R. 6-504; Metro. Ct. R. 7-504)

1. Not less than ten days before trial, the prosecution shall disclose and make available for inspection and copying any records, papers, documents, recorded statements made by witnesses, or other tangible evidence in its possession, custody and control which are material to the preparation of the defense or are intended for use by the prosecution at trial or were obtained from or belong to the defendant.
2. Not less than ten days before trial, the defendant shall disclose and make available to the prosecution for inspection and copying any records, papers, documents or other tangible evidence in the defendant's possession, custody or control which the defendant intends to introduce in evidence at trial.
3. The prosecution and defendant shall exchange the names and addresses of witnesses each intends to call at trial no later than ten days prior to trial. If requested by a party, a witness shall be made available for interview prior to trial.
4. Each party has a continuing duty to disclose information as required by this rule.
5. If a party fails to comply with this rule or an order issued pursuant to it, the court may order the party to disclose the information, grant a continuance, prohibit the party from calling an undisclosed witness or introducing undisclosed evidence, or enter any other appropriate order, including holding an attorney or party in contempt of court.

C. Pretrial Conference and Scheduling Order (Magis. Ct. R. 6-505(A) & (B); Metro. Ct. R. 7-505(A) & (B))

1. The purpose of a pretrial conference is to enable the judge to clarify the pleadings or consider such other matters as may aid in the disposition of the case.
2. A pretrial conference may be ordered upon a motion by either party or upon the motion of the court.
3. The court may subpoena witnesses and hear evidence if it will aid in the disposition of the case.
4. The Court may enter a scheduling order that limits the time to file and hear motions and to complete discovery. The scheduling order may also include the dates of conferences and pretrial hearings, a trial date, and other matters deemed appropriate by the court.

D. Motions (Magis. Ct. R. 6-304; Metro. Ct. R. 7-304)

1. Any defense or objection that is capable of determination without the trial of the general issue may be raised by motion.
2. The motion may be made:

   a. orally at the time the defendant appears before the judge; or

   b. in writing at any time thereafter, and before the trial.

3. Upon the making of a motion, the judge sets a hearing date, waits for the parties to request a hearing date, or defers consideration of the motion until trial.
4. If a written motion is made, the Court notifies the opposing counsel of any hearing scheduled.

E. Recording of Trial (Section 34-8A-6(C))

1. Magistrate court is not a court of record. All appeals from magistrate court shall be de novo trials in district court. Magis. Ct. R. 6-703(J) & (K).
2. The Metropolitan Court is a court of record for criminal actions involving (a) driving while under the influence of intoxicating liquors or drugs or (b) domestic violence (i.e. an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the Family Violence Protection Act, Sections 40-13-1 through 40-8). A tape recording and index log must be made of all criminal proceedings involving these actions. Metro. Ct. R. 7-705(A). The manner and method of appeal to the district court is set by Supreme Court rule.
3. The Metropolitan Court is not a court of record for other criminal actions. Appeal from these actions to the district court is de novo. Section 34-8A-6(D). Note, however, when the defendant appeals from both an on-the-record conviction and a conviction that would be heard de novo on appeal, both appeals will be heard on the record. Metro. Ct. R. 7-705(A).
4. In the criminal actions where the Metropolitan Court is a court of record, the tape recording and index log are included in the transcript on appeal. Metro. Ct. R. 7-705(A). The appellant must pay for preparing copies of the taped proceedings unless the appellant is the state or a defendant represented by the public defender. Section 34-8A-6(D).

F. Service and Filing by Facsimile

1. A party may file a copy of any pleading or other paper by faxing it directly to the court if:

   a. no fee is required for filing;

   b. only one copy is required;

   c. it does not exceed 10 pages in length; and

   d. it has a cover sheet with the required information. Magis. Ct. R. 6-210(D); Metro. Ct. R. 7-210(D).

2. A party may file a copy of any pleading or other paper by faxing it to an intermediary agent who files it in person with the court. Filing in this manner is not subject to the restrictions in F(1) above. Magis. Ct. R. 6-210(E); Metro. Ct. R. 7-210(E).
3. A facsimile copy has the same effect as any other filing for all procedural and statutory purposes. Magis. Ct. R. 6-210(A); Metro. Ct. R. 7-210(A).
4. Faxed filings must be sent to a number designated by the clerk. Judges may permit faxing to a number designated by the judge, who must note the filing date on the copy and promptly give it to the clerk's office. Magis. Ct. R. 6-210(A); Metro. Ct. R. 7-210(A).
5. The court may use facsimile transmission for issuance of notice, orders or writs, or for receipt of affidavits. Magis. Ct. R. 6-210(B); Metro. Ct. R. 7-210(B). A notice, order, writ, pleading or paper may be faxed to a party or attorney who has listed a fax number on a pleading or paper filed in the action with the court, or has letterhead with a fax number, or has agreed to be served by fax. Magis. Ct. R. 6-210(G); Metro. Ct. R. 7-210(G).
6. Proof of facsimile service must include:

   a. a statement that the pleading or paper was transmitted by fax and reported as complete;

   b. the time, date and sending and receiving fax numbers; and

   c. the name of the person who made the fax transmission. Magis. Ct. R. 6-210(H); Metro. Ct. R. 7-210(H).

7. A party has the right to inspect and copy the original of any pleading or paper that has been filed or served by fax if the pleading or paper has a statement signed under oath or affirmation or penalty of perjury. Magis. Ct. R. 6-210(I); Metro. Ct. R. 7-210(I).
8. A document is "signed" if it includes an original signature, a copy of an original signature, a computer generated signature, or any other legally authorized signature. Magis. Ct. R. 6-210(J); Metro. Ct. R. 7-210(J).

G. Service and Filing by Electronic Transmission (Magis. Ct. R. 6-211; Metro. Ct. R. 7-211)

1. Pleadings and other papers ("documents") may be filed and served by electronic transmission, which is the transfer of data from one computer to another, other than by fax. These documents may be filed with the court if the court has adopted technical specifications for electronic transmission and if there is either no filing fee or payment is made at the time of filing.
2. The court may send documents to, and service may be made upon, an attorney registered with the Supreme Court as accepting documents by electronic transmission and to any other person who agrees to accept documents in this manner.
3. Proof of service by electronic transmission must be made by an attorney certificate or non-attorney affidavit and must include:

   a. the name of the person who sent the document;

   b. the time, date and electronic address of the sender;

   c. the electronic address of the recipient; and

   d. a statement that the document was successfully served by electronic transmission.

4. A party has the right to inspect and copy any document that has been filed or served by electronic transmission if the document has a statement signed under oath or affirmation or penalty of perjury.

H. Computation of Time for Cases Filed on or After August 1, 2004 (Magis. Ct. R. 6-104 (amended); Metro. Ct. R. 7-104 (amended))

1. Rules 6-104 and 7-104, as amended, determine how to calculate time periods included in the rules of criminal procedure, statutes, or orders of the court, for cases filed on or after August 1, 2004.
2. When calculating a time period:
   
   a. The day of the act, event, or default from which the time period begins is not counted. Magis. Ct. R. 6-104(A) (amended); Metro. Ct. R. 7-104(A) (amended).
   
   b. The last day of the time period is counted, except for weekends or legal holidays. (Legal holidays are New Year’s Day; Martin Luther King, Jr.’s birthday; Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, Christmas, and any other day designated as a state or judicial holiday.) Magis. Ct. R. 6-104(A) (amended); Metro. Ct. R. 7-104(A) (amended).
   
   c. However, the last day of the time period is not counted if the act to be done is the filing of a paper in court and the last day is a day on which the weather or other conditions have made the office of the clerk of the court inaccessible. Magis. Ct. R. 6-104(A) (amended); Metro. Ct. R. 7-104(A) (amended).
   
   d. Intermediate weekends and legal holidays are counted if the time period is more than 11 days. If the time period is less than 11 days, intermediate weekends and holidays are not counted. Magis. Ct. R. 6-104(A) (amended); Metro. Ct. R. 7-104(A) (amended).
   
   e. Whenever notice or documents are served by mail on a party, three days are added to the prescribed time period. Magis. Ct. R. 6-104(D) (amended); Metro. Ct. R. 7-104(D) (amended).
3. Enlargement of Time
   
   a. Extension of time before the time period ends: When cause is shown, the court may, in its discretion, extend the time period if requested to do so before the time period ends. The request for extension may be made with or without motion or notice. Magis. Ct. R. 6-104(B)(1) (amended); Metro. Ct. R. 7-104(B)(1) (amended).
   
   b. Extension of time after the time period ends: When a motion to extend the time period is made after the time period has expired, the court may, in its discretion, extend the time period if cause is shown. The court may not, however, extend the time to begin trial or to take an appeal. Magis. Ct. R. 6-104(B)(2) (amended); Metro. Ct. R. 7-104(B)(2) (amended).
4. Motions and affidavits: Written motions (other than those that can be heard ex parte) and the notice of hearing on the motion must be served at least five days before the hearing, unless the rules provide otherwise or the court orders otherwise. Any accompanying affidavit must be served with the motion. Any opposing affidavits must be served at least one day before the hearing, unless the court orders otherwise. Magis. Ct. R. 6-104(C) (amended); Metro. Ct. R. 7-104(C) (amended).

I. Computation of Time in Cases Filed Before August 1, 2004 (Magis. Ct. R. 6-104 (unamended); Metro. Ct. R. 7-104 (unamended))

1. Rules 6-104 and 7-104 determine how to calculate time periods included in the rules of criminal procedure, statutes, or orders of the court.
2. When calculating a time period:
   
   a. The day of the act, event, or default from which the time period begins is not counted. Magis. Ct. R. 6-104(A) (unamended); Metro. Ct. R. 7-104(A) (unamended).
   
   b. The last day of the time period is counted, except if the last day falls on a weekend or legal holiday. (Legal holidays are undefined under this rule.) Magis. Ct. R. 6-104(A) (unamended); Metro. Ct. R. 7-104(A) (unamended).
   
   c. Whenever notice or documents are served by mail on a party, three days are added to the prescribed time period. Magis. Ct. R. 6-104(D) (unamended); Metro. Ct. R. 7-104(D) (unamended).
3. Enlargement of Time
   
   a. Extension of time before the time period ends: When cause is shown, the court may, in its discretion, extend the time period if requested to do so before the time period ends. The request for extension may be made with or without motion or notice. Magis. Ct. R. 6-104(B)(1) (unamended); Metro. Ct. R. 7-104(B)(1) (unamended).
   
   b. Extension of time after the time period ends: When a motion to extend the time period is made after the time period has expired, the court may, in its discretion, extend the time period if cause is shown. The court may not, however, extend the time to begin trial or to take an appeal. Magis. Ct. R. 6-104(B)(2) (unamended); Metro. Ct. R. 7-104(B)(2) (unamended).
4. Motions and affidavits: Written motions (other than those that may be heard ex parte) and the notice of hearing on the motion must be served at least five days before the hearing, unless the rules provide otherwise or the court orders otherwise. Any accompanying affidavit must be served with the motion. Any opposing affidavits must be served at least one day before the hearing, unless the court orders otherwise. Magis. Ct. R. 6-104(C) (unamended); Metro. Ct. R. 7-104(C) (unamended).