2014 LOCAL RULES TRAINING

Transcription

1 2014 LOCAL RULES TRAINING

2 EFFECTIVE Monday June 2, 2014 As to actions taken on or after that date,, not the date of a hearingg

3 INCORPORATES Standing Standing Orders and Local Procedures, Family Law Chap 1 is now Chapter 21 etc. All chapters h and d rules l apply l to family law unless otherwise stated Definitions and Procedures

4 REVISES language throughout the rules to better express the intent of the judges vocabulary, shall becomes must for counsel, counsel will will for judges deadline to file Mtn to Retain (DWOP) 14 days d i instead d off 3 b before f dismissal date

5 ADDS Limited Appearance; Chap 20 Authority for County Court Court-at-Law at Law Judges to hear family cases 17.1 procedure for settings by and phone hearings for incarcerated individuals; 2.13

6 ADDS must file a motion before requesting a setting or must file it j t afterwards; just ft d

7 ADDS if setting is not by agreement must file certification of reasonable efforts ff to confer; f 2.2, , 1 and d

8 ADDS notice of settingg should be sent the same day; if not it may be a b i ffor continuance; basis ti

9 REMOVES nearly all forms that are not rules; forms are posted on the web site superseded s perseded rules r les (Chap 15 on ee filing) surplusage, redundancies; for example reduces 69 words to 20

10 REPLACES the requirement that you file DWOP pleadings with Court Administrator and he files them; instead you provide a copy to Court Administrator [[because yyou must e-file those pleadings like all others.] th ]

11 CHANGES unannounced cases will be heard at the discretion of the judge 3.7 (( do do you feel lucky today? today? )) certification requirement q and notice language regarding TRO s 7.3 [Duty Judge s Judge s scheduling staff will advise]

12 CHANGES day for phone hearings moved from Thursday afternoon to T d afternoon Tuesday ft continuances in family law cases moved from Friday at 8:30 am to Th d att 1:30 Thursday 1 30 pm and d mustt sett 21.3

13 RECORDS UNWRITTEN RULES any challenge to the ruling of the court must be presented to the judge who ruled, including a visiting judge

14 RECORDS UNWRITTEN RULES draft orders approved as to form must be presented to the judge who ruled unless that judge has given counsel permission to present to anyy jjudge; p g 11.2

15 RECORDS UNWRITTEN RULES seek the signature of the Duty Judge on agreed or uncontested orders only at uncontested docket; 71 [orders just signed by an AJ 7.1 remain at Dutyy Judge s g discretion]]

16 RECORDS UNWRITTEN RULES explains the criteria applied to a request for appointment of one judge to a case 2.6 no party should h ld ask k a particular i l judge to accept an assignment unless all parties have agreed 2.6

17 RECORDS UNWRITTEN RULES do not repeat or otherwise address the subject matter contained in the family law standing order except to seek its modification; and

18 RECORDS UNWRITTEN RULES in family law cases TROs may be presented at uncontested only l if: if supported t d by b affidavit ffid it and the relief would not affect the possession of or access to a child (if it does, does must proceed under Rule 7.3)

19 RECORDS UNWRITTEN RULES long-docket long docket family cases must be announced 1.2 ask the judge before bringing child to court to confer f

20 HARMONIZES briefing requirements for judicial review of administrative decisions same as appellate ll t requirements i t 10.5 any documents in addition to the b i f mustt b brief be separately t l bound b d as appendices pp 10.6

21 RECAP ON SETTING MOTIONS 1) file the motion before or just after obtaining a setting

22 RECAP ON SETTING MOTIONS 2) make a reasonable effort to confer with opposing counsel about a date d and d time i

23 RECAP ON SETTING MOTIONS 3) if you agree to date and docket time, request the setting

24 RECAP ON SETTING MOTIONS 4) if you cannot agree after reasonable efforts, describe those efforts ff in i a certification ifi i

25 RECAP ON SETTING MOTIONS 5) if you have not yet filed the motion, include the certification in the h motion i

26 RECAP ON SETTING MOTIONS 6) if you have already filed the motion, file a supplement to the motion i with i h the h certification ifi i

27 RECAP ON SETTING MOTIONS 7) set and send notice of the hearing the same day

28 RECAP ON FAMILY LAW all chapters, all rules apply unless otherwise stated

29 RECAP ON FAMILY LAW TRO may be presented at uncontested only if: supported by affidavit and the relief would not affect the possession of, of or access to, a child

30 RECAP ON FAMILY LAW TRO must not to repeat or otherwise address the subject matter contained in the standing order except to seek its modification

31 RECAP ON FAMILY LAW ask the judge before bringing child to court to confer

32 RECAP ON FAMILY LAW do not ask a judge to sign an order to appear if the appearance will b after be f the h answer date d (except ( for order to appear and show cause/contempt)

33 TELL YOUR FRIENDS Here and there