Child Protection Docket - Effective 1/1/05

(A) Counsel shall maintain contact with each client (unless, through no fault of or mistake by counsel, the client’s whereabouts become unknown).

(B) Prior to each conference or hearing, counsel for each adult party shall confer with such party about the subject matter thereof. Counsel for each child shall likewise confer with the child and foster parent as appropriate.

3. Attendance at court, scheduling, continuances and notices

1. Counsel shall, as necessary, inform each client of the date and time of each court matter. Counsel and adult parties, as necessary, shall be at the court on or before the scheduled time of each court matter.
2. The failure to appear of any party who has been properly noticed at conferences as well as for court hearings, can result in a default judgment entered against that party.
3. Counsel for an incarcerated party shall, as necessary, confirm with the Clerk’s Office that the court has issued a writ of habeas corpus. Counsel for a party who is hospitalized or in a residential placement shall, as necessary, confirm that arrangements have been made for the transportation of such party to court.
4. At each conference or hearing each counsel shall know availability for any scheduled future proceedings. Counsel who are absent without a valid excuse may not be granted a continuance because of a scheduling conflict. A notice will not be sent to counsel for future dates set in court or at conferences; counsel shall obtain the future date and time from the Clerk’s Office and shall promptly notify the client.
5. Each attorney scheduled for any contested hearing in the Superior Court for Juvenile Matters shall disclose such assignment to each Superior Court Judge who subsequently assigns or attempts to assign such attorney to appear elsewhere on such date. If a subsequent assignment conflicts with the prior assignment, such attorney shall immediately notify the Presiding Judge at the Superior Court for Juvenile Matters where the prior trial or contested hearing is to take place.

1. The purpose of conferences and judicial pretrials is to consider the following:

1. resolution of the matter;
2. identification of issues that should be investigated and/or resolved before a hearing or trial;
3. review of evaluations or reports that may be useful or necessary prior to the hearing or trial;
4. identification of witnesses, including experts and summary of projected testimony and documentary evidence to be introduced;
5. to determine the need to file additional motions or pleading;
6. whether the matter is amenable for mediation.

1. Four weeks before any assigned trial date, all parties shall file trial memoranda intended to simplify and expedite a contested trial. Such memoranda shall include the following:

1. summary of petitioner’s contentions and respondent’s defenses or oppositional grounds, together with a summary of settlement efforts;
2. any pleadings or motions pending or to be filed;
3. evaluations;
4. admissions or stipulations;
5. evidentiary disputes or judicial notice;
6. (a) the name and address of each fact witness, (b) a summary of anticipated testimony and (c) the approximate length of time for direct testimony;
7. (a) the name and address of each expert witness, (b) a curriculum vitae or resume, (c) a summary of the anticipated testimony and (d) the approximate length of time for direct testimony;
8. a list of each pleading, motion, discovery matter, evaluation and evidence concerning which there is any dispute or any outstanding matter, and a summary of the matter.

2. Two weeks prior to any assigned trial date, a trial management conference shall be scheduled to secure the following:

1. agreements and premarking of exhibits. For any exhibits not available at the time of this conference, the attorney offering the agreed upon exhibits shall present said exhibits to the clerk for marking at least one half hour before the scheduled start of any trial;
2. a list of trial needs and requests, including but not limited to one or more interpreters, TV monitors, VCR players, and telephone conference capacity;
3. such other procedures as may aid in the trial and disposition of the case;
4. estimated length of trial.

1. An order for an agreed upon evaluation, such as a court evaluation, may be approved by the judge ex parte. The stamped order shall be placed in the court file.
2. A contested request for an evaluation shall be made by written motion and assigned for short calendar.
3. If an evaluation request is made by a party other than DCF, that party shall indicate:

1. reason or need for the request;
2. estimated cost and responsible payer;
3. estimated time for completion of each evaluation;
4. whether the evaluation is to be shared at the discretion of the movant.

4. Written notice of the date, time and place for evaluation shall be sent by the Clerk’s Office to all counsel, pro se parties and parties to be evaluated. Each party who twice fails to attend, or to bring any child scheduled to attend, a court ordered or approved evaluation or examination on the date and time when scheduled, without obtaining a timely prior postponement or rescheduling for good cause of such evaluation or examination at no cost to the paying entity, shall be subject to sanctions. If an evaluation or examination is ordered or approved by the court, each counsel immediately shall advise his or her client of the contents of this section, and the need, if necessary, for counsel to make a timely request, as far in advance as possible, for a postponement based on good cause to do so.
5. If an evaluator does not choose to conduct an evaluation of an incarcerated person at the place of incarceration, counsel shall request that a writ of habeas corpus be issued, or confirm that a writ of habeas corpus will be or has been issued, so that the person shall be present at the date and time of the evaluation at the court.
6. All court ordered evaluations and examinations are confidential and are solely for the purposes of cases in the Superior Court for Juvenile Matters. No part of a court evaluation shall be transmitted, released or used orally or in writing other than as appropriate in juvenile proceedings, unless there is a prior order of the court authorizing such transmission, release or use.

When necessary, the judicial authority may order the scheduling of cases for trial using a back-up calendar system. On specific dates designated by the judicial authority, a "primary" case may be scheduled for trial with (up to two) cases selected as back-up trials. In the event that the primary trial settles, Clerk’s Office staff, with the approval of the judicial authority, may contact the parties on the back-up calendar list and expect the case to be trial ready.

1. One or more of these orders may be amended, modified or suspended by the Juvenile Matters Presiding Judge in each district to meet the specific needs and circumstances of each district or any specific case.
2. Non-enforcement of these orders in one or more cases or circumstances shall not bar enforcement of these rules in other or later cases or circumstances, or excuse any failure or refusal to comply with these orders in any such other or later case or circumstance. Upon failure to comply with any court requirement, the judicial authority may make such orders, as justice requires including nonsuit, default or contempt. Failure to comply with any court order may be held against the offender in the court’s decision. A pattern of unexcused lateness or absences may result in denial of contract renewal.
3. Nothing set forth herein shall be read to circumscribe, limit or restrict the duties of an attorney to a client.

Return to top | Standing Orders