Ex Parte Motions,
Applications and Fee Waivers
All ex parte motions and applications,
including Applications for Restraining Orders and Applications for
Waiver of Fees must be brought directly to the Clerk’s Office. No
party or attorney is to attempt to bring the application or motion
to a judge directly.
Case Management
All matters must have a signed, and
completed Case Management Agreement Form (JD-FM-163) prepared
on or before the case management date. Where both sides have entered
an appearance (self-represented or through counsel), each side must
sign the form (counsel or self-represented); if one side will not
sign the form, all must appear before the Presiding Judge on the
case management date at 9:30 a.m.
- If
the matter is designated uncontested, the parties must select
the date for the uncontested hearing by filing a Case Management
Agreement Form (JD-FM-163) AT LEAST 2 WEEKS IN ADVANCE of
the case management date. Parties will not be able to appear on
the case management date to seek an uncontested dissolution
without first filing the Case Management Agreement Form.
Uncontested matters may be scheduled any day, except Thursdays,
at 9:30 a.m. If there are children, a parenting plan signed by
the parties in substantial compliance with JD-FM-199 must be
filed with the case management form.
- If
the matter is designated as limited contested, the parties
shall select the dates for completion of discovery items and select
a date for any requested mediation/pretrial services, as provided
for on JD-FM-163.
- If
the matter is designated as fully contested, the parties and
counsel must appear in court on the case management date. P.B.
§25-50(d). At that time, the matter will be referred to family
relations for screening as to the appropriate service.
Any case which does not have a case
management stipulation filed by the designated date may be subject
to dismissal.
Top
Status Conferences/Report
Back
Status conferences
shall no longer be routinely utilized by the court. They shall be
utilized by the court for monitoring purposes on scheduled dates. Counsel (with notice to all parties involved in the case) may
request a status conference through the family caseflow coordinator
for good cause. In the discretion of the presiding judge, a status
conference for this purpose may be by telephone.
Report back dates
shall be assigned for the completion of any family relations
services, i.e., mediation, issue focused evaluation, full evaluation
on Wednesdays and Thursdays. Both parties and counsel must be
present in court at these report back dates in order to schedule the
next appropriate court event.
Top
Pretrials
Attendance of parties and counsel at a
pretrial is mandatory. They shall provide for the pretrial the
following:
-
Current sworn financial
affidavits, including detailed income information, a complete list
of liabilities, fair market value of all assets and identification
and value of all retirement and employment benefits.
-
Written claims for relief,
in accordance with Practice Book Sec. 25-30(c), including the
following and other items as appropriate:
- Parenting plan
- Alimony
- Child support
- Property
division, including retirement benefits and division of liabilities
- Life insurance
- Medical
insurance
- Counsel fees
-
Counsel and
self-represented parties are ordered to submit to opposing counsel
or the opposing party documents in compliance with this order at
least five (5) days before the scheduled pretrial. All parties and
counsel are to appear promptly at the scheduled time for their
pretrial.
-
Immediately following this
session, counsel and parties are to report to the family caseflow
coordinator for further assignment. If the matter is settled, the
matter may go to judgment immediately or be scheduled for an
uncontested hearing date. If it has not settled, it shall be
assigned a firm trial date(s). Counsel/parties must indicate to caseflow the expected length of the trial. Continuances of trial
dates shall not be granted, unless for good cause shown.
Family Relations
Pretrials
Family relations pretrials may be
held on any day except Thursday and may be scheduled on the case
management date or on a report back date as approved in the case
management order. Family relations pretrials may be rescheduled
one time prior to the date scheduled by counsel or the parties
by supplying caseflow with an agreed new date and
report back date.
Special Masters Pretrials
A
“Special Masters Status Conference” will be scheduled at 2:00 p.m.
one week prior to the Special Masters date. At that time,
compliance with the standing orders must be completed. If not,
counsel must appear to explain why the matter will not be proceeding
the following week for a Special Master’s pretrial. If compliance
has been met and counsel will be proceeding forward with the Special
Masters, they shall call the family caseflow coordinator and mark
the status conference off. Documentation shall be exchanged in
accordance with the above.
Judicial Pretrials
Judicial pretrials shall be scheduled on Mondays, Tuesdays and
Fridays by request of counsel or sua sponte. Parties may request an
extended judicial pretrial which shall be scheduled through caseflow.
Top
Short Calendar
Contempt matters shall be scheduled for
Wednesdays. All other short calendar matters shall be heard on
Thursdays. The court shall begin hearing ready matters at 9:30
a.m. There will not be a formal call of the calendar. All ready
matters shall be assigned a specific courtroom for hearing.
All contested matters, except motions
concerning questions of law, shall report to family relations for
discussion. Family relations officers are available at 9:00 am. All agreements shall be in writing and signed by the parties and
counsel. All parties/counsel MUST CHECK IN WITH THE COURTROOM
CLERK PRIOR TO SIGNING UP WITH FAMILY RELATIONS.
All parties and counsel must comply with
the instructions printed on the short calendar for (1) procedures to
follow to notify the court and the opposing party for cases to be
marked ready, and (2) procedures at short calendar. Only those
motions listed on the calendar shall be addressed. Write-in and
mark overs are no longer allowed; exceptions shall rarely be
granted by the presiding judge.
Agreement shall be called first in the
order received by the courtroom clerk. Following agreements,
contested matters will be heard according to the length of time
indicated on the “report to the clerk”. When the parties return
from family relations, the moving party must submit the fully
completed “Report to Clerk” form to the courtroom clerk. The court
may limit the argument to the time indicated on the “Report to
Clerk”. If more than one hour is necessary, the court may specially
assign the matter for another day; however, this will not be done
routinely - all parties and counsel should assume that the matter
will be heard by the court on its short calendar date.
On all matters which involve financial
issues, including requests for counsel fees, the parties must submit
current, sworn financial affidavits to the court prior to
commencement of the hearing. Any matters which involve child support
orders must have prepared Child Support Guidelines Worksheets .
Failure to do so will result in the matter being marked off.
By 12:00 p.m., the parties shall report to
the courtroom clerk whether they (1) have an agreement; (2) are
waiting to meet with family relations; (3) one party has failed to
appear; or (4) require a hearing. If the moving party is present
and the non-appearing party was properly notified and/or served, and
all required documents are presented to the court, the court shall
proceed with a hearing on the matter. FAILURE TO REPORT TO THE
COURTROOM CLERK BY 12:00 P.M. WILL RESULT IN THE MATTER BEING MARKED
OFF.
Referral to Family Relations
The following policy is in effect for all
referrals to the Family Services Unit:
-
No case
will be referred to the Family Services Unit without prior
screening by a Family Relations Counselor.
-
Counsel
and clients must be present and participate in the screening on
the day of referral.
-
A
completed referral form, including a continuance date, must be
presented to the court for signature and order.
Top
Trial Dates
All parties and counsel must be prepared
for trial on the assigned trial dates. There shall be no
referrals to family relations on the day of trial. Continuance
requests will rarely be granted, and only for good cause shown to
the presiding judge. One week prior to the assigned trial date,
counsel and pro se parties in the above captioned matter are ordered
to submit to the trial judge through the family caseflow office and
provide copies to all parties, documents in compliance with this
Trial Management Order. Copies must be provided to all parties. The
following documents shall be submitted:
-
Current
sworn financial affidavits, which include detailed income
statements, a complete list of liabilities, fair market value of
all assets and current value of all retirement and employment
benefits, as well as Child Support Guidelines worksheet, if
there are any minor children.
-
A list of
pending motions, outstanding discovery requests and proposed
motions in limine.
-
A list
setting forth the names and addresses of each witness to be
called at trial, including the relationship of each witness to
the case (e.g., party, fact witness, expert); and whether a
scheduling problem exists as to the testimony of any such
witness.
-
A list of
exhibits reasonably expected to be introduced, indexed by number
for plaintiff, letter for defendant, and roman numeral for minor
children. The list shall briefly describe each exhibit and
indicate whether any party objects to the admissions of such
exhibit. If there is an objection, the exhibit should be marked
for identification.
-
If the
parenting responsibility plan is agreed upon, a written
stipulation detailing the agreement signed by the parties must
be filed. If it is not, the party’s proposed parenting
responsibility plan, including desired custodial language, shall
be included in the proposed orders.
-
Written
proposed orders, in accordance with Practice Book Sec. 25-30(c),
which shall be comprehensive and shall set forth the party’s
requested relief, and shall be submitted at the beginning of
evidence.
If a Family Relations counselor is going
to testify, the counselor must have one week prior notice.
The forms not listed above but listed on
the Uncontested Dissolution checklist below shall be submitted at
the beginning of evidence.
Failure to fully comply with this order
may subject the offending party to sanctions, including the
preclusion of evidence and/or witnesses.
Uncontested
Dissolution Checklist
1. The following is a complete list of documents for
Uncontested Dissolutions. Parties must prepare the documents that
apply to their case.
Dissolution
of Marriage/Civil Union Report (Form JD-FM-181/181a) (C.P.B. Section
25-58). Used by the State to keep statistics on divorce.
Plaintiff’s
Financial Affidavit (Form JD-FM-6) (C.P.B. Section 25-30). Items
left blank are assumed to be zero. The form must be signed and sworn
to before a Notary or Commissioner of the Superior Court.
Defendant’s
Financial Affidavit (Form JD-FM-6) (C.P. B. Section 25-30). Items
left blank are assumed to be zero. The form must be signed and sworn
to before a Notary or Commissioner of the Superior Court.
Affidavit
Concerning Children (Form JD-FM-164) (C.P.B. Section 25-57). Must
be signed and sworn to before a Notary or Commissioner of the
Superior Court.
Child
Support Guidelines Worksheet (Form CCSG-1) (C.P.B. Section 25-30).
Both
sides of the form must be completed. It must be signed by the
preparer.
Affidavit
Concerning Military Service (may be Form JD-7M-178) (must be in
compliance with C.P.B. Section 17-21). Must be done if there is a
non-appearing defendant.
Advisement
of Rights (Form JD-FM-71) (C.P.B. Section 25-30). Used when
alimony or support is to be ordered. If the obligee waives the right
to an immediate income withholding the reverse side of the form must
also be completed and signed.
Income
Withholding Order (Form JD-FM-1). Complete when an immediate
withholding order is issued. The clerk will have to review and
authorize service of this form on the obligor’s employer. After
service, in non IV-D cases, the originally served document and form
JD-FM-150 must be sent to SES Center at the address on that form.
Signed
Dissolution Agreement or Stipulation. When the parties have an
agreement on all issues, it must be reduced to writing. This can be
a written agreement or can be done on Form JD-FM-172.
Written
Claims for Relief. When there is a non-appearing defendant and the
plaintiff seeks orders to be issued in addition to dissolution of
marriage/civil union, the plaintiff must submit a complete written
list of orders for review by the Judge.
Parenting
Education Program Certificate. The program provider submits this
to the court after the completion.
Top
Preparation of Family Judgment Files in
Uncontested Cases
The Chief Clerk’s Office at New Haven J.D. has
a program for preparation of uncontested dissolution judgment files. Under this program, the judgment files are prepared by the courtroom
clerk in family courtrooms at the time of entry of judgment. A
certified copy of a judgment file shall then be available in the clerk’s
office in ten days.
It will still be necessary for counsel and/or
self-represented parties to prepare judgment files for judgments of
legal separation, annulment, or for lengthy oral arguments.
Top
| Standing Orders
Attorneys |
Case Look-up |
Courts |
Directories |
Educational Resources |
E-Services |
Español |
FAQ's |
Juror Information |
Media |
Opinions |
Opportunities |
Self-Help |
Home
Common Legal Words | Contact Us |
Site Map | Website
Polices and Disclaimers
Copyright © 2009,
State of Connecticut Judicial Branch
|