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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.
Fee waivers must include a copy of a recent pay stub,
worker’s compensation award letter or other proof of
income. If no income, an explanation of support is
required.
Case Management
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:
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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.
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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:
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Parenting Plan
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Alimony
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Child Support
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Property Division, including retirement
benefits and division of liabilities
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Life Insurance
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Medical Insurance
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Counsel Fees
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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
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
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 Tolland 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 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-FM-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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