7.01 On regular Motion Days, as set by Rules 3.01, 3.02 and 3.03, cases which require hearings will be recalled for hearing after the entire civil docket has been called or, if necessary, in the discretion of the Court, scheduled for a separate date and time for hearing.

7.02 At least twice each year (scheduled for 2^nd Motion Days in each county in March and September), as the Court may by order designate, the Clerk in each county, under the supervision of the Judge and in open Court, shall call all the actions on the civil docket pending and not previously disposed of in which no steps or proceedings appear to have been taken within one (1) year. Notice of all such “General Calls” of the docket shall be given at least thirty (30) days prior to the general call by posting a notice thereof in a conspicuous place in the Clerk's Office and by making available to all attorneys of record in each case to be called a copy of such notice. If none of the parties or their attorneys appear at the time and place set for the general call and show good cause why the action should not be renoticed on the action docket, the Court may enter an Order dismissing the action for want of prosecution.

A “Motion to Set for Trial,” “Motion for Mediation,” or similar motions filed after a “Notice to Dismiss for Lack of Prosecution” is given by the Clerk shall not constitute “good cause” to retain the action on the active docket.

If, at the call, it is shown that the failure to take steps or conduct proceedings is NOT due to Plaintiff's lack of reasonable diligence on his/her part nor otherwise the fault of Plaintiff, the action will hold its place on the docket.

7.03 Substitution of counsel or withdrawal of counsel from any proceeding may be made by:

(A) An Agreed Order which names the “new” counsel and is signed by all parties; or,

(B) Leave of Court upon proper motion with notice to all parties.

7.04 Pre-trial conferences of civil matters will be scheduled upon the motion of either party in any circumstance. When the matter is set for trial, a final pre-trial conference will be set on the Motion Day preceding the 30^th day prior to the trial date. Except for good cause shown, motions in limine and all other motions which are necessary to be heard prior to trial shall be noticed for hearing no later than the final pre-trial conference date. At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.

7.05 In all civil matters, discovery shall be completed between and among the parties prior to the final pre-trial conference date as scheduled pursuant to LCR-46-7.04. Further, all depositions, however designated, shall be completed no later than the final pre-trial conference. All interrogatories and/or requests for production of documents and/or admissions must be submitted to the opposing party such that the answers thereto are due prior to the final pre-trial conference date. All parties receiving interrogatories and/or requests for production of documents and/or admissions consistent with this provision shall have answered same prior to the final pre-trial conference.

7.06 In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date. The list shall include the name, address and telephone number of the expert; as well as a succinct summary of the opinion which he/she is expected to give, the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.

The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.

Any witness who is both a fact witness and an expert witness (i.e. treating physician) shall, for the purpose of these timing provisions, be treated as an expert.

7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.

7.08 Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.

7.09 Except as otherwise provided by these rules, no matter docketed for hearing shall be considered by the Court in the absence of the party by whom the motion is made. A party to civil matters may appear solely through Counsel, unless the personal appearance of the party is required by other rule or order. Counsel of record may appear through a local representative retained for the limited purpose of the motion before the Court.

7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.

7.11 AS A SANCTION FOR THE CONSCIOUS OR WILLFUL FAILURE TO COMPLY WITH LCR 7.05, 7.06 OR 7.07, THE COURT MAY STRIKE THE PLEADINGS OF THE OFFENDING PARTY(IES) AFTER HEARING. SANCTIONS MAY INCLUDE THE AWARD OF ATTORNEY FEES AND COSTS TO THE COMPLIANT PARTY(IES).