Washington Motion to Set Cause for Trial in Federal Court

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Multi-State
Control #:
US-01583BG
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Word; 
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Description

It is generally recognized that a trial court has inherent power or authority to control or manage its trial calendar and to take whatever reasonable actions are necessary to maintain control of its docket. The court is afforded wide discretion in the maintenance of its docket, and any decision pertaining thereto will not be overturned without a showing of breach or abuse of that discretion.


Technically, the primary responsibility for moving a case on for trial rests with the plaintiffs and their attorneys, not the defendants or the trial court. Rule 16(b)(3) of the Federal Rules of Civil Procedure provides that the case may be set for trial as part of the scheduling order by the district judge or magistrate judge.

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FAQ

Either party, after the notice of trial, whether given by either party, may bring the issue to trial, and in the absence of the adverse party, unless the court for good cause otherwise directs, may proceed with the case, and take a dismissal of the action, or a verdict or judgment, as the case may require.

Rule 27 - Cases Involving Allegations of Mental of Physical Incapacity (a)Initiation of incapacity proceeding. An incapacity proceeding can be initiated by complaint, by a claim of inability to defend in a disciplinary proceeding, or by an order of involuntary commitment or adjudication of incompetency.

The court where a judgment has been rendered may, if an appeal has been taken or may still be taken, permit a party to depose witnesses to perpetuate their testimony for use in the event of further proceedings in that court.

In Washington, you personally serve papers by having someone 18 or older and of sound mind deliver them to the recipient. The person effecting service cannot be you. It doesn't need to be a professional process server though. For example, a friend can do it.

If the person should join as a plaintiff but refuses to do so, the person may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and the person's joinder would render the venue of the action improper, the joined party shall be dismissed from the action.

(4) No summons is necessary for a counterclaim or cross claim for any person who previously has been made a party. Counterclaims and cross claims against an existing party may be served as provided in rule 5.

A nonresident of the state may be required to attend an examination, produce documents, or permit inspection only in the county where the person is served with a subpoena, or within 40 miles from the place of service, or at such other convenient place as is fixed by an order of the court.

At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by the party or by any other party.

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Washington Motion to Set Cause for Trial in Federal Court