recent changes in the local rules & a refresher on the old...

Rules! Rules! Rules!

Kendra F. McCune Staff Attorney

Pablo Reyes Staff Attorney

Recent Changes in the Local Rules

& A Refresher on the Old Rules

THE FAMILY COURT OF EAST BATON ROUGE PARISH

• Look first to the law, especially LA CCP

• Check Court Rules – Uniform Rules

• Title I for all courts, Title II for district courts, Title III for criminal court, Title V for juvenile court, Title VI for inmates

• Title IV for family court – Currently just a collection of all the local rules

– Proposed uniform rules coming out soon for comment

– Local Rules

• Remember division/judge preferences

Overview (where to look for rules and procedures)

• General rule: Failure by attorneys or self-represented litigants to comply with any of the rules herein, or any other law or procedure, may result in the rejection of nonconforming pleadings, dismissal of the cause of action, continuances, limitation of the presentation of evidence or witnesses, sanctions provided by law, or other appropriate relief.

• Multiple rules have specific penalties

Penalties

R. 1

• Answering ready – By telephone to the JA – By email, with confirmation – Mention what other divisions you’re in that day

• Must be present in court at 9:00 a.m. – Unless you made prior arrangements with division &

opposing counsel – Even if you previously answered ready

• Notices ≠ service. Need service for rules by the Thursday at noon before the scheduled rule date

• Remember you generally get 30 minutes per case

Rule Day (everyone’s favorite court day)

R. 13

• From 2 p.m. to 4 p.m. daily– make sure you bring “non-routine” duty matters by 3:30 p.m.

• Ex parte custody proceedings – Must notify the duty division by 10 a.m. that you will file

ex parte proceeding that day – Must have pleadings filed and presented to the

defendant by noon – Hearings at 2 p.m. unless division states otherwise – Documents: Petition + Form E + Form F – Specific requirements for the order page

• Civil warrants go to division judge, and if not available to the duty judge

Duty Matters

R. 6

R. 7

R. 8

• Production of documents for child support

– Can order defendant to show up to court date with documents

– Can’t order production at attorney’s office ahead of time– use discovery process

• Injunctions on the order page

– Only harassment and community property injunctions and TROs are automatic

– Can plead for abuse injunctive relief, but you can’t get a TRO without attaching the required LPOR form

RTSC language (what you can include in your rule to show cause)

• Interpreters

• Transporting parties in jail

• Curators

– Absent parties

– Required for children in disavowal action

– May be used for children in special circumstances

• Revocation of acknowledgment

• If case is complicated/ children’s interest needs protection

• Grandparent custody/visitation

Special Arrangements (make sure you do these ahead of time)

R. 20

R. 18

R. 19

• Divorce forms (1, 2, & G) – 103 Default = Form 1

– 102 Confirmations = Form G

– 103 Judgment on Pleadings = Form 2

• Spousal support – income & expense affidavit (Form A) exchanged before hearing

• Arrears/contempt – worksheet (Form B) attached to your rule

• CS judgments – worksheets (Forms C & D) attached to the judgment

Attachments (required for certain proceedings)

R. 36

R. 37

R. 38

R. 30

R. 29

R. 28

• Income Assignment Orders

– By law, child support is no longer payable directly to custodial parent– pay through state disbursement

– $5 withholding fee, no longer $3

– Attach state data registry form (Form K)

• Qualified Domestic Relations Order

– Make sure it complies with organization

– Notarize if pro se party involved

IAOs & QDROs

R. 28

R. 35

• The following now mirror the Uniform Rules: – Motions to Enroll (& limited appearances)

– Motions to Withdraw

– Motions to Compel

• New UCCJEA form– if child was born or has lived out of state (Form P)

• Judgments – Must have caption and judge’s name typewritten on

signature page

– 15 day circulation requirement

Miscellaneous Changes

R. 22 R. 23 R. 24

R. 26

R. 35

• Original allotment: the Clerk randomly allots to make sure cases are distributed equally to the 4 divisions

• Re-allotment: for recusals and special circumstances at the judges’ direction, the Clerk again randomly re-allots to new division

• If the parties start multiple cases with multiple docket numbers in multiple divisions, it’s likely that a consolidation or transfer is needed

Moving Cases (the basics first)

• The main policy: one family, one judge – Prevents judge shopping and conflicting judgments

– The original judge knows the case already

– Transfer and consolidation are different ways of accomplishing this goal

• Consolidation is usually for two “active” cases involving the same parties that need to be combined

• Transfer is usually when the previous case is now “dead,” but the parties have come back to court, so it has to go back to the original judge

Transfer vs. Consolidation (the difference between the two)

• Used when a new suit is filed and given a new number, but the same parties already have an ongoing suit

– You can avoid the need for consolidation by filing new pleadings into original suit

– If not, you must file motion to consolidate or the Court may decline to act on it

• Result: everything ends up in one file with one docket number and division

Consolidations

R. 11

• Used when a new suit is filed but the parties had a prior suit that was dismissed, abandoned, they reconciled, etc. – You shouldn’t file in the old suit– technically it’s “dead” – File as a new suit, and the Clerk will give it a new number

randomly allot it to a division – However, if you attach a notice of prior filing, the Clerk

should automatically transfer the new suit to original division – If not, you must file motion to transfer or the Court may

decline to act on it

• Also used when the payor of child support has multiple cases

• Result: cases stay separate in different docket numbers but all cases are in the same division

Transfers

R. 11

• Hypo: Husband files for divorce May 1, 2011 and it’s assigned to Division C. Husband and Wife work it out and start living together again in June 15, 2011. It’s now January 2013, and Husband cheats on wife. Wife wants a divorce. What does Wife’s attorney do?

Transfers/Consolidations (example scenario 1)

• Answer: File a new divorce petition and attach a notice of prior filing. It gets a new docket number and division, but the Clerk will transfer it back to Division C. The judge originally assigned should deal with the new divorce.

• Hypo: Mom 1 asks the State of LA to sue Dad for support of Kid 1. They file and it gets assigned to Division A. A year later, Mom 2 gets a private attorney to sue same Dad for custody and support of Kid 2. They file and it gets assigned to Division B. Is there an issue?


• Answer: Yes. The parties need to file a motion to transfer the second case to Division A. One judge should hear all the payor’s child support cases, even if the cases involve other matters.

• Hypo: Wife files against Husband for domestic violence in 2012 and it gets assigned to Division D. Wife files for divorce pro se in 2013 and it gets assigned to Division B. Wife gets an attorney in 2014 to establish a child custody arrangement with Husband. What should the attorney do?


• Answer: The two cases should be consolidated first, resulting in one case with the lowest docket number in Division D. The attorney can then file pleadings in that suit. The judge that dealt with the original proceedings should continue to hear matters between those parties.

• Hypo: Mom files against Husband for domestic violence and it gets assigned to Division C. Husband also files for domestic violence against Wife’s minor child, his stepson. This matter is assigned to Division A. Is there an issue?


• Answer: No. There are different parties in each suit, and neither involves the custody of the child. Absent agreement by the judges involved, no transfer or consolidation is required under the rules.