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The Clerk’s
Office- ex parte motions, applications and fee waiver requests
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Ex parte motions and applications-all ex parte
motions and applications, including Conn. Gen. Stat. §46b-15
applications shall be brought to the clerk’s office. No party or
attorney shall attempt to bring the application or motion to a judge
directly. Said filings shall comply with the rules of practice.
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All fee waiver requests shall be filed in the Clerk’s
office. Please be sure to fully complete the fee waiver
application.
Case Management
Effective for
return dates after January 1, 2008, the case management date for the
Stamford J.D. will be moved to Tuesday from its current Monday
assignment. Case management dates will be assigned in 2008 so that the
parties can come to court for an uncontested dissolution on their case
management date, assuming their file and papers are in order.
All matters shall have a
signed, completed
case management form on or before the case management date. Where
both sides have entered an appearance (pro se or through counsel),
they must both sign the form (counsel or the pro se); if one side
will not sign the form, all must appear before the Presiding Judge
on the case management date at 9:30 a.m.
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If the matter is designated uncontested,
the parties shall select the date for the uncontested hearing
(any day, Tuesday through Friday) at 9:30 a.m. If there are
children, a parenting plan signed by the parties in substantial
compliance with JD-FM-199 shall be filed with the case
management form.
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If the matter is designated as limited
contested, the parties shall select the dates for completion
of discovery items and select a date for a pretrial (or
mediation) as provided for on JD-FM-163. No judicial pretrial will be granted without
leave of the Presiding Judge. Unless for extraordinary cause
shown, matters shall not be pretried by more than one pretrial
(or pretrial team). If there are children, a parenting plan
signed by the parties in substantial compliance with JD-FM-199
shall be filed with the case management form.
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If the matter is designated as fully contested,
the parties and counsel must appear in court on the case
management date. At that time, the preparation of the matter
for settlement or trial and its scheduling for pretrial and
trial will be reviewed with the Presiding Judge, who will then
issue orders thereon.
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Status Conferences
Status conferences will no longer be routinely utilized by
the court for every matter. They will be routinely utilized by the
court for report back on only the following matters:
- Report back dates assigned for the completion of a family relations
study/ evaluation or a private provider study/evaluation. Both parties
and counsel must be present in court at these report back dates. Inasmuch as pretrial and trial dates will be selected at this time if
there is no settlement, counsel and the parties should have their
calendars with them.
- Report back at the end of conciliation periods. If the matter is going
to judgment, counsel should be prepared to schedule events necessary to
bring the matter to judgment including the scheduling of pretrial and
trial.
Counsel (with notice to all in the case) may request a status conference
through the family Caseflow Coordinator for good cause. In the
discretion of the Presiding Judge, a status conference may be by
telephone.
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Pretrials
Each case is entitled to one pretrial. Family relations
will pretry all pro se cases as well as other appropriate matters. Special masters teams will pretry the balance of the matters. Judicial pretrials are not routinely granted and will be assigned by the
Presiding Judge if appropriate: after counsel request or sua sponte.
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Standing Orders
for ALL Pretrials
Attendance of parties and counsel at pretrials is mandatory. They shall
provide for the pretrial the following:
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Current sworn financial affidavits, including
detailed income information, a complete list of liabilities, fair
market value of all assets and identification and current value of
all retirement and employment benefits.
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Written claims for relief, including the following
and other items as appropriate:
- Parenting Plan
- Alimony
- Child Support
- Property Division,
including retirement benefits and division of liabilities
- Life Insurance
- Medical Insurance
- Counsel Fees
- Tax Issues
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Counsel and pro se parties are ordered to submit to
opposing counsel or the opposing party documents in compliance with
this order at seven (7) days before the scheduled pretrial. All
parties and counsel are to appear promptly at the scheduled time for
their pretrial.
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Immediately following this session, counsel and
parties are to report to the family Caseflow Coordinator for further
assignment. If the matter is settled it should go to judgment
immediately or be scheduled for an uncontested hearing date which
shall be within 10 days unless good cause is shown. If it has not
settled, it will be set for a firm trial date(s). Counsel/parties
must indicate to Caseflow the expected length of the trial. Continuances of trial dates will not be granted based upon
scheduling conflicts; therefore, exercise care in trial date
selection. Failure to report to Caseflow for a trial date before
leaving the courthouse on the day of pretrial will result in a
dismissal of the case or sanctions in the discretion of the
Presiding Judge.
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Pretrials by
Special Masters
As of 10/1/2007, the
Stamford Superior Court has implemented a new procedure for its Special
Masters Program. This is done to insure that the Special Masters time is
not wasted and the cases are prepared for a special masters pretrial.
Under the new procedure a
status conference will be scheduled at 2:00 PM one week prior to the
Special Masters date. Counsel must appear to explain if there has been
non-compliance with the standing orders and/or counsel seek to not
proceed the following week for a Special Master's pretrial. If
compliance has been met and counsel will be proceeding forward with the
Special Masters, they may call the family Caseflow Coordinator and mark
the status conference off.
All counsel and parties
assigned a special masters pretrial are ordered to attend. Counsel and
pro se parties are ordered to exchange between themselves and submit to
the special masters documents in compliance with these Standing Orders.
The following documents shall be exchanged between counsel and pro se
parties at least seven (7) days prior to the scheduled
pretrial and submitted to the special masters at the time of the
pretrial:
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Current sworn financial affidavits, which include detailed income
statements, a complete list of liabilities, fair market value of all
assets and current value of all retirement and employment benefits.
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Written proposed orders in accordance with Practice Book Sec. 25-30(c)
which shall be comprehensive and shall set forth the party's requested
relief. (See standing orders for all pretrials if you seek further
guidance.)
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If there are minor children, the parenting plan governing custody,
parenting time and visitation (as the terminology may be appropriate)
and a fully completed child support guidelines worksheet indicating the
presumptive amount of child support and the appropriate percentages for
child care and reimbursed medical expenses.
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Copies of tax returns and W-2 statements for the past three years.
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Appraisals, if any, of real or personal property (including closely held
businesses), both tangible and intangible, where values are in dispute.
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Pension valuations, if any, and recent pension statements.
Failure to fully comply with this order may subject the offending party
to sanctions, including fines and the preclusion at trial of evidence
and witnesses.
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Short Calendar
Short calendar will be handled by two judges weekly.
Write-ins are no longer allowed; exceptions will rarely be
granted by the Presiding Judge.
All contested matters on short calendar must go to Family
Relations before they will be heard to narrow the issues or come to
agreement. All agreements must be in writing and signed by the parties
and counsel. Matters that are purely legal issues need not go to family
relations provided all parties agree there are no factual disputes that
are a part of the hearing.
All parties and counsel
must comply with the instructions printed on the short calendar for (1)
procedures to follow to notify the court and the opposing party for
cases to be marked ready, and (2) procedures at short calendar.
After 10:00 a.m., if the
moving party is present and the other side has not appeared, the matter
may be brought to the attention of the judge utilizing the "Memo to
Clerk" form referenced in the short calendar printed instructions.
Matters will not routinely be continued to a date certain
when they are in excess of one hour. All parties and counsel should
assume that the matter will be heard by the court on its short calendar
date. Rare exception will be made, for instance, for a party flying in
from afar.
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Trial
dates
All parties and counsel must be prepared for trial on the
assigned trial dates. Continuance requests will rarely be granted, and
only for good cause shown to the Presiding Judge. Counsel and parties
are responsible for procuring a trial management order from the Caseflow
Coordinator at the time of assignment of trial date.
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Trial
Management
Effective 9/02/2008,
the Stamford Superior Court has implemented a new procedure for Trial
Management. This is done to insure that cases are ready for trial as
scheduled.
Under the new
procedure, a status conference will be scheduled at 2:00 p.m. on the
Thursday prior to the week that a case has been assigned for trial. If
there are any unresolved discovery issues or there has been
non-compliance with the trial management orders, all parties and counsel
must appear at the status conference. If there are no outstanding
discovery issues, compliance with the trial management orders has been
met, and the case will be proceeding to trial, counsel may call the
family Caseflow Coordinator and mark the status conference off.
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Trial
Management Order
Any party
contemplating filing motions to seal documents or files or close the
courtroom in accordance with P.B. § 25-59 and P.B. § 25-59A at the
time of trial must submit such motions at least three (3) weeks
prior to the scheduled trial date.
One week prior to
the assigned trial date, counsel and pro se parties in the above
captioned matter are ordered to submit to the trial judge through the
family caseflow office and provide copies to all parties, documents in
compliance with this Trial Management Order. The following documents
shall be submitted:
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Current fully
completed sworn financial affidavits which include detailed income
statements, a complete list of liabilities, fair market value of all
assets including current value of all retirement and employment
benefits.
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A list of
pending motions including motions in limine and a statement of the
legal nature of the disputed issues (e.g. alimony, custody, etc.).
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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 any witness must be scheduled to
testify at a specific time/date of the scheduled trial dates.
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If a family
relations counselor is going to testify, the counselor must be
alerted as to the trial dates as soon as they are assigned.
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A list of
exhibits reasonably expected to be introduced, indexed by number for
plaintiff (i.e. Plaintiff’s Exhibit 1), letter for defendant (i.e.
Defendant’s A), and roman numeral for minor child(ren) i.e. (I, II,
III, etc.). 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.
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If the parenting
responsibility plan is agreed upon, a written stipulation detailing
the agreement signed by the parties must be filed. If it is not, the
party’s proposed parenting responsibility plan, including desired
custodial language, shall be included in the written proposed
orders.
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Written proposed
orders [in accordance with Practice Book § 25-30(c)] which shall be
comprehensive and shall set forth the party’s requested relief.
Failure to fully
comply with this order may subject the offending party to sanctions,
including the preclusions of evidence and/or witnesses.
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Uncontested Dissolution Dates
Effective 9/02/2008,
Uncontested Dissolutions will be scheduled on Tuesdays and Thursdays at
9:30 a.m.
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Uncontested
Dissolution Checklist
The
following is a complete list of documents for Uncontested Dissolutions.
Parties must prepare the documents that apply to their case.
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Dissolution of Marriage/Civil Union Report (Form JD-FM-181/181a) (C.P.B.
Section 25-58)
Used by the State to keep statistics on divorce.
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Plaintiff’s Financial Affidavit (Form JD-FM-6) (C.P.B. Section 25-30)
Items left blank are assumed to be zero. The form must be signed and
sworn to before a Notary or Commissioner of the Superior Court.
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Defendant’s Financial Affidavit (Form JD-FM-6) (C.P. B. Section 25-30)
Items left blank are assumed to be zero. The form must be signed and
sworn to before a Notary or Commissioner of the Superior Court.
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Affidavit Concerning Children (Form JD-FM-164) (C.P.B. Section 25-57)
Must be signed and sworn to before a Notary or Commissioner of the
Superior Court.
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Child Support Guidelines Worksheet (Form CCSG-1) (C.P.B. Section 25-30)
Both sides of the form must be completed. It must be signed by the
preparer.
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Affidavit Concerning Military Service (may be Form JD-7M-178) (must be
in compliance with C.P.B. Section 17-21)
Must be done if there is a non-appearing defendant.
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Advisement of Rights (Form JD-FM-71) (C.P.B. Section 25-30)
Used when alimony or support is to be ordered. If the obligee waives the
right to an immediate income withholding the reverse side of the form
must also be completed and signed.
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Income Withholding Order (Form JD-FM-1)
Complete when an immediate withholding order is issued. The clerk will
have to review and authorize service of this form on the obligor’s
employer. After service, in non IV-D cases, the originally served
document and form JD-FM-150 must be sent to SES Center at the address on
that form.
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Signed Dissolution Agreement or Stipulation.
When the parties have an agreement on all issues, it must be reduced to
writing. This can be a written agreement or can be done on Form
JD-FM-172.
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Written Claims for Relief
When there is a non-appearing defendant and the plaintiff seeks orders
to be issued in addition to dissolution of marriage/civil union, the
plaintiff must submit a complete written list of orders for review by
the Judge.
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Parenting Education Program Certificate
The program provider submits this to the court after the completion.
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