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JURY. Mover certifies that a copy hereof has been mailed to all counsel of record before submission to the Court. NON-JURY. This motion asks the court for a judgment on the merits of the case before the trial.The parties have completed, or have had a reasonable opportunity to complete Discovery. The court should state on the record the reasons for granting or denying the motion. (b) Time to File a Motion. Figure 4: Motion to Set Aside Default (for Failure to Plead) . Alimony payments, or to establish a shared parenting plan while awaiting a trial on the merits. (a) Compliance with California Rules of Court . Mediation is mandatory before any final trial on the merits. And may be set on pretrial dockets or for half or full day hearings.