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Short Calendar Procedure:
The Middlesex J.D. Family Short Calendar
notice is available by clicking here.
1. Short calendar starts at 9:30 a.m. with a formal call of the
calendar. Parties/counsel must be present in the courtroom. If
parties/counsel are not present to answer at the call, the case will
be marked off or dismissed.
2. No “ready late” markings will be accepted.
3. Only certain matters will be addressed by the Court – those
matters that are considered automatically marked ready (temporary
restraining orders, case management dates, family relations report
back dates and Court-assigned orders to show cause and orders for
hearing and notice) and those matters which have been marked ready
prior to the marking deadline in accordance with the notice
appearing on the family short calendar and the Practice Book). Any
cases not marked ready in accordance with the calendar instructions
will not be heard at the short calendar, regardless of whether all
parties and counsel appear ready to proceed.
4. Citations, orders for hearing and notice, orders to show cause
and case management dates cannot be marked off or continued by
either side without prior approval of the Court. If a citation,
order for hearing and notice or order to show cause is not served,
it may be marked off with prior notification to the clerk.
5. Matters continued from previous short calendars, reclaimed
matters or matters permitted to be “written on” to the docket must
also comply with the marking rules.
6. Cases will not be heard on “dates certain” other than the date
that the case appears on a short calendar. Cases may be continued
to another short calendar day, however, with Court approval.
7. If parties/counsel are not prepared to proceed with any motions
printed on the short calendar, the matter must be reclaimed unless a
party has been cited to appear in Court or the case appears on the
calendar as a case management date. For those matters, a
continuance must be requested and approved by the Court.
8. All motions, except for those involving solely matters of law,
must first be discussed with Family Relations before the case will
be heard by the Court.
9. If, after meeting with Family Relations, the case is accepted
for any mediation/evaluation program, parties/counsel must bring
confirmation of such and return to the courtroom to present the
referral to the Court. Family Relations referral intake forms are
to be completed and returned to Family Relations on the day of the
referral. If the Court approves the referral, parties/counsel will
be provided with a report back date. All parties/counsel must
appear in Court on said report back date whether or not the parties
have reached an agreement.
10. No case will be referred to Family Relations for any mediation
or evaluation of custody/visitation issues until both parties have
enrolled in or have completed parenting education.
11. Cases referred to Family Relations for evaluations must have an
attorney for minor child(ren) or guardian ad litem appointed.
12. Parties/counsel are strongly encouraged to discuss pending
motions with Family Relations counselors on Tuesdays from 9:30 a.m.
to 1:00 p.m. in order to avoid the waiting time on a short calendar
day. Appointments MUST be made in advance by calling the Family
Relations Office at 860-343-6460.
13. All agreements must be presented to the Court in writing. (Forms
are available in the courtroom). All parties/counsel must be
present before the Court will review the agreement.
14. When proceeding on a custody/visitation application, the Court
must have a signed paternity acknowledgement or affirmation (or a
prior finding of paternity by the Court) before orders will be
entered. Birth certificates are insufficient.
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Case Management:
The
Assignment of Family Case Management Conferences calendar notice is
available by clicking here.
Case management agreements must be
signed by parties AND counsel. If the case is limited
contested, both parties must file financial affidavits with the case
management agreement. All discovery deadlines on Section II of the
case management agreement must include specific dates not time
frames e.g. “30 days prior to trial.” Case management agreements and
financial affidavits must be filed at least 1 week prior to
the case management date and can be filed by fax to (860) 343-6321.
(The Judicial Branch Fax Filing Coversheet, Form JD-CL-73, must
be used to file a document by fax – DO NOT then send the original.
Please review fax filing rules and procedures established by the
Office of the Chief Court Administrator.) If the case management
agreement and financial affidavits are not in the Court’s file by
9:30 a.m. on the case management date or counsel/pro se parties do
not appear in Court on the case management date, the case will be
dismissed. Please be sure to review the case management conference
assignment notice for complete case management procedures and
required documents.
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Uncontested Dissolutions:
The
Assignment of Family Uncontested Dissolutions of Marriage calendar
notice is available by clicking here.
Uncontested
dissolutions are usually heard every Wednesday and
Thursday at 9:30 a.m.. Counsel/parties must check with the Clerk’s
Office (860-343-6400) for available dates.
·
The case must be completely uncontested and must be ready
at 9:30 a.m.
·
All paperwork shall be completed, signed and reviewed prior
to 9:30 a.m. If any additional time is necessary, counsel/parties
must report to the courtroom no later than 9:30 a.m. with the reason
for said request and the specific amount of additional time
requested.
·
Prior to the hearing, the case will appear on a calendar
for Case Management Conferences. The conference is scheduled
approximately ninety days from the return date.
·
A case management agreement signed by all the parties and
counsel must be filed at least one week prior to said
conference date. Do not schedule an uncontested dissolution with
the Clerk’s Office without filing a case management agreement. Dissolutions will not be heard without prior Court approval,
regardless of scheduling with the Clerk’s Office.
·
If the case management agreement is approved by the Court,
parties/counsel will receive notice from the Court that the
agreement has been accepted. If the agreement is accepted,
parties/counsel DO NOT have to appear in court on the case
management conference date.
·
SPECIAL NOTICE: Parties must complete the Parenting
Education Program prior to an uncontested matter being scheduled. A
motion to exempt from the Parenting Education Program may be filed,
but must be calendared and must be approved by the Court before the
uncontested is scheduled.
·
If the case is completely uncontested, parties/counsel may
select the case management conference date for the final divorce
hearing. To select any other date that is mutually agreeable, refer
to the dates on the Uncontested Divorce Hearing Dates chart (JD-FM-166) and call the
Clerk's Office for availability on the chosen date.
·
Counsel should review all allegations of the complaint,
e.g. place of marriage, date of marriage and names and birth dates
of children, for accuracy. All amendments should be filed prior to
the final hearing.
·
Cases that are six months or older (i.e. 6 months from the
return date) are subject to dormancy dismissal.
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Uncontested Dissolution Documents
Checklist:
The Uncontested Dissolution Documents
Checklist in Word Document Format is available by clicking here.
UNCONTESTED DISSOLUTION DOCUMENTS CHECKLIST
To expedite the hearing of your uncontested
dissolution, please review the following list of documents to insure
that all required forms are completed AND sworn to PRIOR to
appearing before the Court:
q
Military Affidavit (Form JD-FM-178) (C.P.B. Sec. 17-21) -
required if the defendant has not filed an appearance (the calendar
will state "No Appearance"). Military status should be obtained
from Department of Defense website –
https://www.dmdc.osd.mil/scra/owa/scra.home (Be sure to type
"https")
Affidavit Concerning Children (Form
JD-FM-164) (C.P.B. Sec. 25-57)- required if there are minor children
of the marriage/civil union
COMPLETED Child Support Guidelines Worksheet
(Form-CCSG-1) (C.P.B. Sec. 25-30) - required if there are minor
children of marriage/civil union, even if the parties have agreed
upon the child support amount or are requesting a waiver of child
support orders
Financial Affidavits (current within last 30 Days) from all
appearing parties (Form JD-FM-6) (C.P.B. Sec. 25-30) - required for every
dissolution, even if the parties do not request financial orders to
be entered
Advisement of Rights Regarding Income Withholding (Form
JD-FM-71) (C.P.B. Sec. 25-30) - required if a child support order is
to be paid by a wage attachment
Completion of Parenting Education – (C.G.S.
Sec.46b-1) required if there are minor children of the
marriage/civil union (both parties must participate in and complete
a court-approved Parenting Education Program)
Memorandum Regarding Post-Secondary Educational Support
Order - required
if there are minor children of the marriage/civil union
Dissolution of Marriage Report Form (Form
JD-FM-181) (C.P.B. Sec. 25-58) - required for every dissolution to
be forwarded to the Connecticut Bureau of Vital Statistics
Written Agreement of the Parties – (Form
JD-FM-172) required if both parties have entered into an agreement
regarding allocation of assets, distribution of debts, child
support, etc.
Wage
Withholding Order (Form
JD-FM-1) - complete if an immediate wage withholding is ordered
***IF ANY PARTY TO THE CASE HAS EVER RECEIVED PUBLIC
ASSISTANCE FROM THE STATE OF CONNECTICUT, YOU MUST CALL THE
ASSISTANT ATTORNEY GENERAL'S OFFICE AT 860-808-5150 BEFORE
PROCEEDING WITH THE FINAL HEARING***
Upon completion of this form and the required documents,
please return entire package to clerk or marshal.
Name of Case: ____________________________________
Docket Number: ___________________________________
Calendar Sequence Number: ________________________
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Special Masters Program:
The
Special Masters Program Assignment Notice is available by clicking
here.
Limited Contested cases which involve substantial assets and
business valuation issues MAY be referred to a team of special
masters for pretrial. Special Master pretrials are held twice
monthly from 9:00 a.m. to 1:00 p.m., except during the months of
July and August, depending on the availability of the special
masters. A printed calendar indicating the specific time of the
pretrial will be sent to counsel of record. All counsel and parties
must be present for the pretrial and must report to the Caseflow
Office with 2 sets of required documents (see above calendar
assignment notice). At the conclusion of the pretrial, both counsel
MUST report to the Caseflow Office to indicate whether or not the
case is resolved. Unresolved cases will be assigned for trial
within 4 months following the pretrial (additional special masters pretrials or judicial pretrials will not be assigned). Counsel and
parties must bring their calendars with them on the day of the
pretrial to select trial dates within said parameters. Failure to
report to the Caseflow Office following the pretrial will result in
dismissal of the case.
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Special Masters Information Sheet
The Special Masters Information Sheet in Word Document Format is
available by clicking here
SPECIAL
MASTERS INFORMATION SHEET
DOCKET NUMBER:
___________________ SUPERIOR COURT
_____________________________________ JUDICIAL
DISTRICT OF MIDDLESEX
V.
AT MIDDLETOWN
_____________________________________ DATE:
_____________________
INFORMATION SHEET
FILED BY (PLEASE CIRCLE): PLAINTIFF / DEFENDANT
LENGTH OF MARRIAGE:
AGE OF
PLAINTIFF/DEFENDANT:
EMPLOYMENT OF
PLAINTIFF/DEFENDANT (INCLUDE DATES):
CHILDREN (NAMES AND
DATES OF BIRTH):
SPECIAL
CIRCUMSTANCES:
ISSUES IN DISPUTE:
****PLEASE ATTACH LIST OF MARITAL ASSETS, PROPOSED ORDERS AND DIVISION OF ASSETS****
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Fully
Contested Cases:
If
a case involves custody and/or visitation disputes, the case is
classified as “fully contested.” All parties and counsel MUST
appear in Court on the case management date. The filing of a case
management agreement does not forego the required appearance. All
parties and counsel must meet with Family Relations to discuss
referral for a mediation or evaluation program. At the case
management date, the Court may appoint or the parties may request
that a guardian ad litem or attorney for minor child(ren) be
appointed. If the Court determines that a guardian ad litem or
attorney for the minor child(ren) should be appointed, the Court
will enter an order of retainer fees from each party. If the case
remains fully contested once an evaluation study has been completed
and a guardian ad litem or attorney for the minor child(ren) has
been appointed, the Court will assess whether the length of the
trial is expected to be 3 days or more. If so, the case may be
referred to the Regional Family Trial Docket if all discovery has
been completed. If the case is referred to the Regional Family
Trial Docket, counsel must complete a “RFTD” Referral Form, which
may be obtained from the Caseflow Office, and returned to the
Caseflow Office for the Referring Judge’s signature.
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Standing Trial Management Order
The Standing Trial Management Order in Word Document Format is
available by clicking here.
SUPERIOR COURT
JUDICIAL DISTRICT OF MIDDLESEX
1 COURT STREET
MIDDLETOWN, CT 06457
STANDING TRIAL MANAGEMENT ORDER
Counsel and pro se parties in the above
captioned matter are ordered to submit to the trial judge, ten
days prior to the assigned trial date, documents in compliance
with this Trial Management Order. Only one packet is to be submitted
by each party. The compliance shall contain the following:
1. A current sworn financial affidavit which
includes detailed income statements, a complete list of liabilities,
fair market value of all assets and current value of all retirement
and employment benefits.
2. A list of all pending motions, outstanding
discovery requests and proposed motions in limine.
3. 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. Witnesses not listed will not be allowed to testify
except for good cause shown.
4. A list of exhibits reasonably expected to be
introduced, indexed by number for plaintiff (i.e. Plaintiff’s 1),
letter for defendant (i.e. Defendant’s A), and M+numeral for minor
child(ren) (i.e. M#1). The list shall briefly describe each exhibit
and indicate whether any party objects to the admission of such
exhibit. If there is an objection, the exhibit should be marked for
identification. The actual exhibits shall not be included with the
list to be sent to the court but shall be exchanged by the parties
within the time specified. Exhibits not listed will not be
admissible except for good cause shown. Counsel are to report to the
courtroom clerk at 9:15 a.m. in order to complete the marking of
exhibits for the trial.
5. Per your request, your case was assigned
trial dates to which you will be held accountable.
6. If custody and visitation are agreed upon, a
written and signed stipulation should be included detailing the
agreement of the parties.
7. Written proposed orders (see C.P.B. Sec.
25-30) which shall be comprehensive and shall set forth the party’s
requested relief including, where applicable the following:
a. a parenting plan;
b. child support;
c. alimony;
d. medical insurance;
e. life insurance;
f. property division;
g. retirement benefits;
h. division of liabilities;
i. tax issues;
j. counsel fees.
8. In addition to documents mentioned earlier
herein, the following documents where applicable are to be submitted
on the day of trial:
a. dissolution of marriage report;
b. affidavit concerning children;
c. child support guidelines;
d. advisement of rights form;
e. certification of parenting education.
9. Prior approval must be obtained from the
presiding judge for the use of special equipment at trial (i.e.
blackboard, video equipment, tape recorders, etc.). Counsel/parties
are advised they must provide such equipment.
10. Counsel and the parties are to be civil to
one another and respectful to the Court. When addressing the Court
or questioning witnesses, counsel are instructed to stand unless
given permission otherwise. Do not interrupt the Court, witnesses or
opposing counsel. When objecting, state the grounds with the
objection.
11. Ex parte communication with the Court is
strictly prohibited.
12. All trials/hearings will commence promptly
as scheduled. Proceedings will not be delayed to allow for further
negotiations between the parties and counsel; however, they are
encouraged to continue any ongoing negotiations during recesses or
other breaks in the proceedings.
_____________________________
HON. JULIA D. DEWEY
PRESIDING JUDGE,
FAMILY
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Reconciliation Status
If
the parties are actively attempting to reconcile (subsequent to the
expiration of the 90-day waiting period set forth in C.G.S. Section
46b-67), the following Request for Reconciliation form must be
signed by all parties and counsel and filed with the Court. If the
request is granted, the case will be placed into reconciliation
status for no longer than 90 days from the date that the request is
granted. During the reconciliation period, no motions will be
heard, regardless of whether or not the parties have reached
agreement regarding the issues set forth in the motions. At the end
of the reconciliation period, the case will automatically be
restored to the active trial list if a withdrawal has not been
filed. If the case was scheduled for trial at the time that the
request was granted, a subsequent trial date will be assigned. If
the case was not scheduled for trial at the time the request was
granted, another case management date will be assigned. There are
no extensions of the initial reconciliation period. Either party
may file a motion to restore the case to the active trial list prior
to the end of the reconciliation period.
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Request for Reconciliation Status Form
The Request for Reconciliation Form in Word Document Format is
available by clicking here.
No.
_______________________
SUPERIOR COURT
vs MIDDLESEX JUDICIAL DISTRICT
Request for Reconciliation Status
We respectfully request that the above matter be placed
into reconciliation status because the parties are attempting to
reconcile. We understand that if this request is granted, the court
will take no action on this matter for 90 days unless one of the
parties requests that the matter be restored to the active trial
list. If no such request to restore is filed, the matter will be
automatically restored to the active trial list at the end of the 90
day period unless prior thereto the matter is withdrawn.
_____________________________
_________________________________
Plaintiff Defendant
_____________________________
_________________________________
Attorney for
Plaintiff Attorney for Defendant
_____________________________
_________________________________
Third
Party Attorney for Minor Child(ren)
_____________________________
Attorney for Third
Party
ORDER
The foregoing request having been presented to the Court,
it is hereby:
Granted / Denied.
_________________________________
Judge
Withdrawal of Appearance
An
attorney's appearance will not be deemed withdrawn without a motion
for permission to withdraw having been approved by the Court or
unless another attorney (but not the client alone) files an "in lieu
of" appearance.
Proper Venue:
The Clerk's Office shall accept and transfer to the appropriate
judicial district for filing any family case for which Middlesex is
not the proper venue.
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