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 on declarations submitted in accordance with this rule. Oral arguments will only be heard with prior approval of the appropriate judicial officer.

  (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).

    • (1)  The moving party shall serve and file supporting declaration(s) together with the petition, motion, or order to show cause.
    • (2)  All domestic relations motions, including 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. Replies shall be filed and served on all parties not later than 3:00 p.m., seven (7) days before the hearing.
    • (3)  Any late pleadings may be considered if good cause for the delay appears within those written proceedings. The Clerk's Office will not be responsible for getting late pleadings into the court file prior to hearing. The Court will not consider late pleadings if no copy is provided to the assigned judge. All bench copies must have, in the upper right corner on the first page, a notation of date, time and type of hearing/calendar docket.

  (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.

    • (1)  Declarations must be typed, double-spaced and on pleading paper. Declarations not in this format may not be considered.
    • (2)  Each party is limited to four (4) initial or reply declarations. Initial and reply declarations of the petitioner and respondent will be limited to six (6) pages each (exclusive of exhibits) and each of the (up to three) witness declarations will be limited to four (4) pages in length. The moving party may also file and serve rebuttal declarations; however, all rebuttal declarations shall collectively be no more than four (4) pages. Each party is limited to a total of four (4) declarations in support of, in response to, or in rebuttal of a motion.

  (d)  Preparation and Presentation of Orders.

    • (1)  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) court days prior to the presentation date.
    • (2)  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]

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