TEMPORARY ORDER/HEARINGS
Mediation is required before all Temporary Orders hearings, although exceptions may be made in certain cases.
To get a setting YOU MUST FILE:
- Motion for Temporary Order;
- Temporary Order;
- Setting Request;
- Certificate of Conference if opposing counsel is known;
- If you a requesting mediation be waived, a Motion to Waive Mediation must be included. Otherwise, the Setting Request should indicate mediation has been completed or that it is scheduled.
Failure to file all of the necessary documents may result in the filing being rejected or the case not being timely set for hearing.
SHORT SET
Most settings for TO in Family law cases will be set for a "Short Set". At the "Short Set", the Court will determine if the opposing parties are represented by counsel, what issues need to be addressed and if mediation has been scheduled/waived. the Court may enter "band-aide" orders to control the proceeding until a full hearing is held.
Temporary Orders hearings will generally be limited to 45 minutes per party, including cross‐examination. A request for a Temporary Orders hearing on a modification case or for additional Temporary Orders must be supported by Affidavit and approved by the Judge.
EXTRAORDINARY RELIEF
If you are requesting "extraordinary relief" or "emergency relief" indicate so in the Motion (preferably in the title). Failure to do so may result in delay of a setting
If filing TRO or Notice of Hearing on Temporary Orders as Counter-Petition, please confer with opposing counsel prior to filing and attach a Certificate of Conference or Certificate of Conference for Family Law.
Summary Statements TRO Hearings:
Summary Statements are mandatory. Failure to file a Summary Statement by either side may result in your case being reset until compliance with this requirement has been met. Tell the other side of this requirement.
Summary Statements are used to focus the efforts of the parties to the germane matters at hand, to advise the court of the gist of the matter to be heard and to save time. Saving time in the court room ultimately works to the client’s benefit by reducing the waiting time for scheduled hearings and ultimately by reducing the time billed on a given matter.
Summary Statements are to be filed by all attorneys and pro se parties in all temporary orders hearings, whether pertaining to original petitions for divorce, modifications, enforcement or other situations in which temporary orders are being requested. Summary Statements are not required for final orders hearings.
At least 3 working days prior to the scheduled temporary orders hearing, counsel (or the pro se party) shall file a summary statement of their position with the court, either in person, via mail or via email. Mail your summary statement in sufficient time for it to be in the court’s hands five days prior to the hearing.
The summary statement is not a confidential document. It is an advocacy document intended to set out for the court the position and contentions of the party and the key witnesses of that party. It is more in the nature of a written opening statement designed to focus the court’s attention on the position of the parties. A copy of the summary statement is to be delivered to opposing counsel at the same time as delivery to the court. Opposing counsel shall not specifically cross-examine on the summary statement itself as it is an advocacy document, but certainly may examine the positions outlined in the summary statement. Summary Statement should include a proposed parenting plan, when appropriate, as well as a proposed relief requested.
The summary statement is expected to be factually correct although positional interpretation is allowed. It may be in letter, pleading or memorandum format, single spaced and must be at least 12-point or larger type, and no more than two pages long. The cause and style of the case should appear at the beginning of the summary.
The idea is to compress as much advocacy information into the two pages as is reasonably possible, allowing for readability and proper grammar. This is not a legal brief.
FINANCIAL STATEMENTS/INVENTORY/EXHIBITS
If financial matters are at issue (i.e. child support in a family law case, etc) financial information statements shall be filed and exchanged prior to a contested hearing. A copy for the court is required.
Exhibits should be marked, exchanged and copies provided to opposing party/counsel (and objections) prior to hearing or trial. Court copies of all exhibits must be provided.
Counsel shall prepare a Proposed Parenting Plan to be included in or attached to the summary statement in cases where custody is an issue for submission to the Court on the day of the hearing;
Be familiar with the Courts rules on exhibits and what equipment is available for your use during a hearing.
