CCLCR 88 - Contested Hearings

     The following rules shall apply to all contested hearings in domestic relations matters.

  (a)  Discretion of the Court. Domestic Relations matters shall be heard with oral arguments on the assigned docket.  However, at their sole discretion, a judicial officer can hear a matter solely on declarations submitted in accordance with this rule; if the judicial officer decides to rule solely on the pleadings, then court administration will advise the parties they do not need to appear for the hearing.

  (b) Filing and Service of Motions, Responses, Replies, and Declarations. Such matters shall not be heard unless declarations are served and filed as required by this rule and CR 6(a).

(i)     The moving party shall serve and file supporting declaration(s) together with the petition, motion, or order to show cause.

(ii)     All domestic relations motions, other than summary judgment motions, shall be filed and served upon all parties not later than twenty-one (21) days before the time specified for the hearing (including the day of service). Responses shall be filed and served on all parties not later than 3:00 p.m., fourteen (14) days before the time specified for the hearing (including the day of service). Replies shall be filed and served on all parties not later than 3:00 p.m., seven (7) days before the hearing (including the day of service). Summary judgment motions shall comply with CR 56.

(iii)     Any late pleadings may be considered if good cause for the delay appears within those written pleadings. The Clerk's Office will not be responsible for scanning late pleadings into the court file prior to hearing. The Court may only consider late pleadings if a hard copy is provided to the assigned judge by 12:00 p.m. on the prior judicial day.   If the judicial officer determines it is necessary to continue a case because of late pleadings, then the judicial officer may impose sanctions.

  (c)  Length and Format of Declarations. The following limits shall apply, unless waived by the Court upon written motion, which may be heard on the Ex Parte Docket with reasonable prior notice to the opposing party or their attorney.

(i)     Declarations must be typed, double-spaced and on pleading paper. Declarations not in this format may not be considered.

(ii)     Each party is limited to four (4) initial or reply declarations. Initial and reply declarations of each party will be limited to six (6) pages (exclusive of exhibits) and each of the initial or reply nonparty witness declarations are limited to four (4) pages. The moving party’s rebuttal declarations shall collectively be no more than four (4) pages.  

  (d)  Preparation and Presentation of Orders.

(i)     All proposed orders will be prepared and filed by the moving party. A copy of any proposed order(s) by either party shall be provided to the Court and to the other party, or their attorney, not less than seven (7) days prior to the docket/decision date. Objections may be filed with the Court by the objecting party not less than five (5) days prior to the presentation date. A hard copy of orders that are proposed, shall also be provided to the Clerk’s office at the same time as the “proposed orders”, but marked “Original” so they are not filed, but given to the judicial officer to use as the set of documents to be considered for signing by such judicial officer.

(ii)     Objections to proposed orders will be considered by the Court on the pleadings only, without oral argument, unless the trial judge, on written application from the attorney or on their own motion, allows oral argument.

[Amended September 1, 2005; emergency amendment March 1, 2006; amended September 1, 2007; amended September 1, 2012; emergency amendment June 6, 2013; amended September 1, 2014; amended September 1, 2015; amended September 1, 2016; emergency amendment January 1, 2018; amended September 1, 2019; emergency amendment May 18, 2020; emergency amendment January 1, 2023; amended September 1, 2023.]

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