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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:
1. All cases,
excluding those for support, paternity or annulment, will be
assigned a case management conference date approximately ninety days
from the return date. To determine the proper case management date,
please review form JD-FM-165A (for Middletown).
2. Case
management agreements must be signed by parties AND counsel
and must be filed at least one week prior to the case
management date. Fully completed case management agreements and
sworn financial affidavits may be faxed to 860-343-6467 (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.)
3. If the case
management agreement is not signed by ALL parties and counsel
WITH all the required documents or if discovery deadlines are
not agreed, parties and counsel must appear in Court on the case
management date.
4 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.
5. If the
agreement is APPROVED, parties/counsel DO NOT have to
appear in court on the case management conference date.
Parties/counsel should review the case detail/scheduled court dates
information on the Judicial Branch website to determine if the case
management agreement has been approved.
6. If the case
is limited contested (involves financial and/or property disputes
only), both parties must file sworn financial affidavits with the
case management agreement.
7. 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.” If specific dates are not included, the Court will assign
them.
8. If the case is
fully contested (involves issues regarding custody of and/or access
with the minor child), all parties and counsel MUST appear in
Court for the conference. The filing of a case management agreement
does NOT waive this required appearance. (See information for
“Fully Contested Cases” below.)
9. If the case is
uncontested (complete agreement regarding all issues),
parties/counsel may select the case management conference date for
the final dissolution hearing (see required forms on the Uncontested
Dissolution Documents Checklist and uncontested dissolution
procedures below). To select any other date, that is agreeable to
all parties and counsel, for an uncontested dissolution, please
contact the clerk’s office at 860-343-6400 for the available dates.
10. Do NOT
schedule an uncontested dissolution with the clerk’s office without
filing a case management agreement PRIOR to the case
management date. If a case management agreement is not filed prior
to the case management date, even though the case is scheduled for
an uncontested dissolution, the case will be dismissed and will
NOT be heard without a motion to open having been filed with the
clerk’s office and having been granted by the Court.
11. On the case
management conference date, in addition to the completion of the
case management agreement and sworn financial affidavits, cases are
subject to referral to the Family Relations Office for mediation,
conflict resolution, evaluation and/or settlement conference, for a
special masters’ pretrial or for assignment to the limited contested
calendar for pretrial and trial. Cases will be screened for the
appropriateness of appointment of attorneys for the minor child(ren)
and/or guardians ad litem for the minor child(ren) including an
order for payment of retainer fees from each party or an order to
submit to psychological evaluations.
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Uncontested Dissolutions:
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.
· 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, call the clerk’s
office (860-343-6400) for availability on the chosen date.
·
A
case management agreement signed by all the parties and counsel must
be filed at least one week prior to the case management
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.
·
The case must be completely uncontested and must be ready at 9:30
a.m. on
the chosen final hearing date.
· All
paperwork shall be completed, signed and reviewed prior to 9:30 a.m.
Please
review your file to insure that you have all required documents
PRIOR to appearing before the Court.
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. That request will be
considered based upon the Court’s availability/schedule.
· 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.
·
Counsel/parties
should review all information contained in 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:
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")
q
Affidavit
Concerning Children (Form JD-FM-164) (C.P.B. Sec. 25-57)-
required if there are minor children of the marriage/civil union
q
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
q
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
q
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
q
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)
q
Memorandum
Regarding Post-Secondary Educational Support Order - required if there are minor children of the
marriage/civil union
q
Dissolution of Marriage/Civil Union Report Form (Form JD-FM-181/181A) (C.P.B. Sec. 25-58) - required for every
dissolution
q
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.
q Wage
Withholding Order
(Form JD-FM-1) - complete if an immediate wage withholding is
ordered.
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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:
Limited Contested cases which involve
substantial assets and/or business valuation issues
MAY be referred to a team of special masters for pretrial.
The Court
will review the file to determine the appropriateness of a special
masters’ pretrial assignment. All discovery, excluding depositions,
must be completed prior to the special masters’ pretrial. Motions
for continuance may not be granted due to incomplete discovery
absent prior modification to the case management discovery deadlines
by the Court or without counsel filing and pursuing motions to
compel. 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.
Counsel of
record will receive notice indicating the specific time of the
pretrial.
All counsel and parties must be present for the
pretrial and must report to the Caseflow Office with 2 sets of
required documents,
those listed in Connecticut Practice Book §25-30(b) and the
Special Masters Information Sheet (see document below). 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
issues regarding
custody
of and/or access with the minor child(ren), 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.
Both parties
must also file proposed parental responsibility forms (form
JD-FM-199). At the case management date, the Court may
appoint a
guardian ad litem or attorney for the minor child(ren) 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. §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 attendance at 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.
HARRY E. CALMAR
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. §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
filed. 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
pretrial and/or trial at the time that the
request was granted, a subsequent
pretrial and/or
trial date will be assigned. If
the case was not scheduled for
pretrial and/or
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
Proper Venue:
If a
family case is filed in the Middlesex Judicial District for which
Middlesex is not the proper venue, the Court will transfer the file
to the appropriate judicial district sua sponte.
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