McClure v. Cooper’s Empirical Analysis

Citation profile

19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(C) In any action except criminal no change of judge or change of venue from the county shall be granted except within the time herein provided. Any such application for change of judge (or change of venue) shall be filed not later than ten [10] days after the issues are first closed on the merits. Except: (1) in those cases where no pleading or answer may be required to be filed by the defending party to close issues (or no responsive pleading is required under a statute), each party shall have thirty [30] days from the date the case is placed and entered on the chronological case summary of the court as having been filed; [[Image here]] (5) where a party has appeared at or received advance notice of a hearing prior to the expiration of the date within which a party may ask for a change of judge or county, and also where at said hearing a trial date is set which setting is promptly entered on the Chronological Case Summary, a party shall be deemed to have waived a request for change of judge or county unless within three days of the oral setting the party files a written objection to the trial setting and a written motion for change of judge or county....”

   3 later decisions quote this exact passage · from the dissent
   e.g. A.T. (Mother) v. G.T. (Father) · At v. GT

2. “(1) that a party appear at or have notice of a hearing, (2) that the court at that hearing sets the matter for trial, and (3) that the trial date is promptly entered into the CCS.”

   2 later decisions quote this exact passage · from the dissent
   e.g. At v. GT · Amy Palmer v. Margaret Sales and Unique Insurance Company

3. “Here, as in most small claims proceedings, the hearing and trial date are one in the same and are set forth in the notice which is a part of the small claims form. Thus, unlike most civil proceedings, a small claims litigant automatically has a hearing date upon the filing of a claim. Accordingly, we conclude that a timely motion for change of judge within the context of a small claims action would have required McClure to file his motion within three days of receiving the notice of claim. We therefore agree with the trial court that McClure’s Motion for Change of Judge was untimely.”

   1 later decision quote this exact passage
   e.g. Amy Palmer v. Margaret Sales and Unique Insurance Company