Family Court Best Practices Effective Docket Management ... · Family Court Best Practices . Effective Docket Management from the Ex Parte Custody Order to Final Judgment . Judge

Family Court Best Practices Effective Docket Management from the

Ex Parte Custody Order to Final Judgment

Judge Jeffery Oglesbee, 21st JDC Judge Karelia Stewart, 1st JDC

Judge Pamela Baker, East Baton Rouge Family Court Judge Jeffrey Cashe, 21st JDC Judge Ellen Kovach, 24th JDC

Lisa Sullivan, Hearing Officer, 4th JDC

2015 Domestic Relations Seminar LOUISIANA JUDICIAL COLLEGE

August 13-14, 2015 • New Orleans, Louisiana

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FAMILY COURT BEST PRACTICES

Effective Docket Management From the Ex Parte Custody Order to Final Judgment in Courts without

Hearing Officers

EX PARTE CUSTODYWhat is your Court’s Procedure?

Must Comply with CCP 3945: Verified petition or supporting affidavit clearly shows

immediate and irreparable injury will result before adverse party can be heard in opposition

Certificate to the Court showing efforts to notice adverse party of date and time order is being presented to the court, or

Reason notice should not be required.

EX PARTE CUSTODYCCP 3945

The Ex Parte Order:

Expires in 30 days, but for good cause can be extended once for 15 days

Must provide visitation of at least 48 hours during each 15 day period unless immediate and irreparable harm will result

Rule must be set no more than 30 days after order is signed.

NOTE: If the order does not comply with CCP 3945, it isnull and void and unenforceable.

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EX PARTE CUSTODYPROCEDURE in EBR Family Court

notify the duty division by 10 a.m. that you will file ex parte proceeding that day

Must have pleadings to the duty Judge and defendant by noon. File before appearing in court.

Emergency Hearings at 2 p.m. M – F


Documents: Petition + Form E + Form F

http://modiphy.dnsconnect.net/~familyco/main/uploads/File/Form%20E.pdf

http://modiphy.dnsconnect.net/~familyco/main/uploads/File/Form%20F.pdf

Order page must have 10 lines for the Judge to write the temporary order


The Petitioner presents the application to the judge.

The Defendant may present any rebuttal evidence.

Must include provision prohibiting both parties from changing child’s residence from EBR Parish

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EX PARTE CUSTODY PROCEDUREORLEANS CIVIL DISTRICT COURT

Pleading must be presented to Judge presiding over case, NOT the Duty Judge.

Pleading must include an Appendix 29.0A Application for Ex Parte Custody Order form.

Pleading must include an Appendix 29.0B Certification by Applicant’s Attorney in Compliance with La. C.C.P. Art. 3945(B) form.


If a prior custody order exists, the RECORD must accompany the pleading when presented to the Judge for signature.

If a prior petition for ex parte custody has been sought, reference to that petition and the decision made upon it should be included in the pleading.


The pleading must include an Order setting a Rule to Show Cause date.

The Order must include a provision for visitation of at least 48 hours during each 15 day period unless immediate and irreparable harm will result.

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Note: rules in red involve forms newly available under the revised Louisiana District Court Rules: Title IV Rules and Appendices for family law proceedings, which took effect July 1, 2015.


The Ex Parte Custody Order expires in 30 days, but for good cause can be extended once for 15 days.

A contradictory hearing must be set no more than 30 days after the Order is signed.

Note: If the Order does not comply with LA CCP 3945, it is null and void and unenforceable.

ALLOTMENT OF CASESin EBR Family Court

Clerk of Court allots the case randomly to a division.

New suits involving the same parties are consolidated into the lowest docket number.

An action filed after a reconciliation, an abandonment, a dismissal, is given a new suit number and randomly allotted as required by law. Thereafter, the Clerk of Court transfers the case to the original division.

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ALLOTMENT OF CASESin EBR Family Court

All cases involving the same payor of child support are transferred to the same division of the Court. Multiple cases involving the same payor of child support are all transferred to the division with the lowest suit number. Each case shall maintain its own suit number.

Assignment of Matters All rules, motions, and exceptions are assigned for hearing

on a rule day

The Attorney or pro se litigant may walk it to the Judge’s office and get a date assigned, or

Leave it with the Clerk, who will (eventually) send it up.

Assignment of Matters

Rule 14 §4 Notices of assignment MAY be sent by the Court as a courtesy to attorneys and self-represented litigants as much as is practicable. These notices do not constitute, and do not take the place of, service of process as provided by law.

If it is your petition or motion, the Court will NOT advise you of the day that it is set. It is your responsibility. You may call the Judicial Assistant to find out the date if you don’t know it.

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Service of Pleading Rule 13 §4 - If the defendant is served after 12:00 p.m. on the

Thursday preceding the assignment date, the defendant or his counsel are entitled to a continuance for at least one week.

Service pursuant to La. C.C. art. 1313

Service of Pleading

La. C.C. art. 1313 Service by mail, delivery or electronic means

A. Except as otherwise provided by law, every pleading subsequent to the original petition, and every pleading which under an express provision of law may be served as provided in this Article, may be served either by sheriff or by:

(1) Mailing a copy thereof to the counsel of record, or if there is no counsel of record, to the adverse party at his last known address, this service being complete upon mailing

C. Notwithstanding Paragraph A of this Article, if a pleading or order sets a court date, then service SHALL be made either by registered mail or certified mail or as provided in Article 1314, or by actual delivery by a commercial courier.

RULE DAYin the EBR Family Court

Docket is called

Stipulations, cases requiring argument only, matters set for review, rights, uncontested matters are handled first.

Court holds status conferences

Limited testimony on Contested Matters

Remaining Contested Matters set for Trial

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DISCUSSION

How do the litigants or out of parish attorneys know what will happen on the initial rule day?

How can we deliver this information to them?

Pre-Trial ProceduresRule 15 § 1 - Attorneys or self-represented

litigants must obtain a trial date from the judicial assistant. At the time the trial date is selected, both sides complete a case management schedule. Pre-trial conferences are scheduled approximately one month prior to the trial date. Pre-trial orders and pre-trial memorandums are not required unless requested by the judge. A second trial setting must be selected, unless the judge indicates otherwise.

DISCUSSION

What happens if I miss the pre-trial conference?Possible Consequence - losing your trial

date. It is imperative that each party is present for the pre-trial conference as this is where the parties and the court narrow down the issues for trial, any problems that may arise and whether a settlement may be reached.

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DISCUSSION

What if I do not file my witness list on time or at all?

Possible Consequence - you will not be allowed to call any witnesses

Discovery Problems Orders do NOT take the place of Discovery

Requesting that an opposing party produce documents is done through discovery NOT through an order that the judge signs.

Filing a Motion to Compel

A Motion to Compel must be filed and heard BEFORE your discovery cut-off date. This means that your discovery cut-off date must give each side enough time to issue and respond to requests for production of documents, interrogatories and requests for admission.

Rule 24 § 1

Before filing any motion to compel discovery, the moving party or attorney shall confer in person or by telephone with the opposing party or counsel for the purpose of amicably resolving the discovery dispute.

Witness Lists Some attorneys believe that there is a “which

comes first, the chicken or the egg?” complex when it comes to setting a deadline for producing a witness list.

At times it would be wise to exchange discovery before producing a witness list, other times it will be more helpful to have a witness list before you issue discovery.

You may need to discuss this with the opposing party and possibly the Judge when setting deadlines for the Case Management Schedule.

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DISCUSSION

What happens if in my answers to discovery I do not produce documents or name witnesses?

Possible Consequence - You will not be able to introduce the evidence or call the witnesses

FORMS THAT YOU NEED Before your court date make sure you have all the forms

you need for the relief you have requested

Spousal Support Income and Expense Affidavit

Child Support Child Support Worksheet A or B

Contempt for failure to pay child support Arrearage Worksheet

Community Property Petition Detailed Descriptive List

Also, check your local court rules to determine what information you need to exchange or produce with the other side before you get to court

Information to Exchange and Bring to Court in Child Support Proceedings Rule 28: The parties are to exchange proof of income,

child care costs, health insurance premiums, extraordinary medical expenses, other extraordinary expenses, private school tuition, and any other information relevant to the determination of child support prior to the scheduled court hearing. Proof of income includes pay check stubs or similar employer statements of income, and the past two years’ business and personal tax returns including all attachments.

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Information to Exchange and Bring to Court in Child Support Proceedings

Both sides are to bring proposed child support obligation worksheets to the scheduled court hearing.

An obligation worksheet shall be attached to all judgments setting or modifying child support, or alternatively, the gross income of the parties and other relevant numbers used to calculate the support shall be included in the judgment. The judgment shall also state if the order is a deviation from the statutory child support guidelines.

Information to Exchange and Bring to Court in Child Support Arrearage Proceedings

All motions seeking arrearages or motions for contempt for failure to pay spousal support or child support shall be accompanied by a schedule of arrearages as provided in Form B.

Failure to comply with this rule may result in sanctions provided by law, dismissal, continuances, or other appropriate relief.

Information to Exchange and Bring to Court in Spousal Support Proceedings

Income and expense affidavits and income information is to be exchanged no later than twenty-four hours prior to the scheduled hearing date.

Failure to comply with this rule may result in sanctions provided by law, dismissal, continuances, or other appropriate relief.

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PSYCHOLOGICAL & CUSTODYEVALUATIONS

Requesting a Psychological Evaluator to be appointed or for a Custody Evaluation to be performed will impact picking a trial date.

Requests for a Psychological or Custody Evaluation after execution of a Case Management Schedule will most likely lead to you losing your trial date if the request is granted.

Interim Judgments & Judgment Reviews Rule 34 § 1 - A written judgment must be

prepared and filed after any stipulation is entered into by the parties, after issuance of written reasons for judgment, after oral rendition of a judgment, or as the Court may direct. Counsel for the parties or self-represented litigants shall prepare and file the written judgment on or before the judgment review date assigned by the Court.

If the parties enter into an interim judgment pending the trial date, that interim judgment MUST be filed prior to the date of trial.

THANK YOU FOR YOUR

ATTENTION AND PARTICIPATION

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Family Court Best Practices in Courts with Hearing Officers

I.Procedure for Domestic Filings

• When a Petition for Divorce is filed, it isassigned to a division of court and assigned ahearing officer and a commissioner.

• The commissioner hears all uncontesteddivorces.

• If a protective order is the initial proceeding filed,it shall be randomly allotted to a district judgeand a domestic commissioner.

• The domestic commissioner shall conductdomestic abuse hearings including actions filedpursuant to the Domestic Abuse Assistance Act,the Post‐Separation Family Violence Relief Act,and Uniform Abuse Prevention Orders within thedelays allowed by law.

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• The commissioner can confirm all preliminarydefaults under Civil Code article 103 and Codeof Civil Procedure article 1702(E).

• Prior to confirming a default, thecommissioner provides a checklist to assistlitigants in complying with Rule 28.0 andAppendix 28.

• If the parties are represented by counsel, theparties may proceed under C.C.P. article 969for a judgment of divorce under C.C. article103(1). The parties must follow Rule 28.2 andsubmit evidence outlined in Appendix 28.2.

• When seeking a 102 divorce, parties in the 24thJ.D.C. must complete the checklist at Appendix27.0A. Before the matter can be heard, themoving party must comply with Appendix 27.0B.

• The commissioner may appoint an attorney torepresent an absent party. The attorneyappointed must present a note of evidence at thehearing on the rule to show cause. (See Rule 34(E).)

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• When a pleading is filed in any domesticmatter where child custody and visitation,child support, spousal support, communityproperty, and use and occupancy may be atissue, the parties are required to comply withAppendix 23.0D Hearing Officer Conferenceand Information Order and submit a FamilyLaw Affidavit. Appendix 23.0D.

• A hearing office conference is set 30 to 35 daysfrom the date of filing. The hearing date beforethe district judge is scheduled 40 to 55 days fromthe filing.

• Domestic hearing conferences are scheduledMonday through Friday from 8:00 am to 4:30 pm.The conferences will normally be scheduled for1½ hours unless a party makes a written requestfor a conference period of up to 2 hours.

• If the case involves complicated issues that willrequire a longer hearing office conference, theparties shall notify the hearing officer at the timethe initial pleading is filed.

• Attendance and participation at hearing officeconferences is mandatory for attorneys andlitigants.

• The hearing officer issues a writtenrecommendation with a statement of findings offact and law and a proposed judgment.

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• Every effort is made to reduce all agreementsreached between parties to a consent judgmentprepare contemporaneously while the partiesand their attorneys are present with the hearingofficers.

• The court provides computers and printers socounsel can prepare consent judgments beforeleaving the courthouse.

• The consent judgments are immediatelypresented for signature to either the domesticcommissioner or the judge.

• Agreements not reduced to writing may beread into the record before the domesticcommissioner and are reduced to writingwithin 10 days.

• The district judge signs an interim judgmentimplementing the hearing officerrecommendations pending an objection andhearing before the district court.

• Any party who disagrees with therecommendation of the hearing officer shall file awritten objection within 5 days of therecommendation and supporting memorandumwithin 5 days of filing a written objection.

• If no written objection is filed, therecommendation of the hearing officer becomesthe final appealable judgment of the court.

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• If one party fails to provide the required financial information, the hearing officer may:

(1) recommend contempt;(2) recommend dismissal;(3) recommend good cause exists to modify

retroactively of the award;(4) make temporary recommendations based

on information provided; and/or(5) recommend that the party who failed to

produce the information pay reasonable expenses, including attorney fees, caused by the failure. (See Rule 35.0.)

II. Ex parte order of temporarychild custody

• All petitions for ex parte order of temporary custody go to the duty commissioner for immediate review.

• All petitions must comply with C.C.P. article 3945. (See Rule 29.0.)

• Appropriate affidavit and certification must accompany the petition pursuant to Appendices 29.0A and 29.0B.

• No ex parte order shall be granted if it fails to comply withCode of Civil Procedure article 3945. (See Appendix 29.0C.)

• A petition for an ex parte order shall be pled under one ofthe following statutes:

(1) La. R.S. 46:2131 et seq., Domestic Abuse Assistance Act;

(2) La. R.S. 9:361, 363, 364, Post Separation Family Violence Relief Act;

(3) La. R.S. 9:372;

(4) La. C.C.P. Art. 3601, et seq.; or

(5) La. C.C.P. Art. 3945.

• A party may object to the finding of the commissioner withthe district court judge assigned to the case.

HON. JUDGE JEFFERY OGLESBEE On October 19. 2013, Judge Jeff Oglesbee was elected to the 21st Judicial District Court as its first family court judge. Jeff is a lifelong resident of Tangipahoa Parish, where he attended Holy Ghost Catholic School and was part of the 2nd graduating class at St. Thomas Aquinas High School. After his graduation from Southeastern Louisiana University in 1995, Jeff obtained his juris doctorate degree from the LSU Paul M. Hebert School of Law in 1998.

Professionally, Jeff served as a legislative assistant to the late Senator John J. Hainkel, Jr, as a law clerk of the 21st Judicial District Court, and as a senior attorney for the Louisiana State Senate Commerce and Consumer Protection Committee. Prior to being elected to the bench, Jeff was in private practice in Albany, Louisiana where he maintained a general practice legal practice with an emphasis on family law. Jeff and his wife Allison are the proud parents of one son Zachary.

HON. JUDGE KARELIA R. STEWART Judge Karelia Rachelle Stewart is a 1997 honor graduate from Caddo Parish Magnet High School in Shreveport, Louisiana. She went on to attend Dillard University in New Orleans, Louisiana where she graduated Summa Cum Laude with a Bachelor of Science and Degree in Political Science. Judge Stewart obtained her Juris Doctorate Degree from Loyola University School of Law in New Orleans in 2006. Judge Stewart went on to be an Assistant District Attorney for the Parish of Caddo for Eight Years. She successfully tried hundreds of juvenile cases, felony bench and jury trials. At the time of her departure, she was section chief of the Drug Division and was very instrumental in reviving the rehabilitation program of Drug Court and implementing a Veterans Court.

In August of 2014, Judge Stewart was elected without opposition to Section 1, Division D of the First Judicial District Court. By order of the Louisiana Supreme Court, she took the bench in her official capacity on October 1, 2014. Judge Karelia R. Stewart made history on that day with the following distinctions, she is the youngest elected female at 35, ever to serve on the First Judicial District Court, she is the second ever

African American female elected to the court in its history and the first African American second generation to serve on the court. Judge Stewart was elected to the same seat previously held by her father, Judge Carl E. Stewart, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit Court and her uncle Judge James E. Stewart, Sr. of the Louisiana Second Circuit Court of Appeals. All Stewart judges took the bench at age 35. Judge Stewart is actively involved in her community and works daily to make a difference in the lives of others.

In addition to her work schedule, Judge Stewart donates countless volunteer service hours through the Shreveport (LA) Chapter of the Links, Inc. and the Shreveport Alumnae Chapter Delta Sigma Theta Sorority, Inc. Also, she works with the Teen Club Group, an after-school program of Volunteers of America offering students career guidance and assists with day to day life skills. Judge Stewart is married to Frederick D. Green.

HON. JUDGE PAMELA J. BAKER received her Bachelor of Science in Business Administration from Louisiana State University in 1981, and her Juris Doctor degree from LSU Paul M. Hebert Law Center in 1984. Prior to her election to the bench, Judge Baker was in private practice for 21 years with the firm of Saltamachia & Baker, where her practice consisted primarily of family law cases.

Currently, Judge Baker is the reporter for the Family Law Committee of the Louisiana State Law Institute and also serves as a member of the surrogacy committee. Judge Baker also serves on the Judicial Budgetary Control Board. She is a member of the Advisory Committee of the Judicial Education Curriculum Project, a project of the Louisiana Supreme Court's Protective Order Registry. She serves on the National Council of Juvenile and Family Court Judges' Family Violence and Domestic Relations Advisory Committee. She is a past chair of the Family Law Section of the Baton Rouge Bar Association and the immediate past president of the Louisiana Chapter of the Association of Family and Conciliation Courts. She is a member of the Louisiana Bar Foundation Capital Area Community Partnership Panel and a member of the pro se litigants committee of the Louisiana District Judges Association. Judge Baker is also the Louisiana Council of Juvenile and Family Courts Association’s designee to the Child Support Guideline review committee.

HON. JUDGE JEFFREY CASHE joined the 21st Judicial District Court in January 2015 as Judge for the Division ‘J’ Family Court. Judge Cashe received his Juris Doctorate from St. Mary’s School of Law in San Antonio, Texas and attended both Louisiana State University and Southeastern Louisiana University. Judge Cashe began his legal practice with the firm of Baucum Steed Barker, LLC in San Antonio.

In 2004, Judge Cashe returned to Louisiana and joined the firm of Cashe, Lewis, Coudrain and Sandage, a firm founded by his late father, Rodney Cashe. Through his fourteen years in the legal community, Judge Cashe has held a number of leadership positions both in the legal arena and his community. Some of Judge Cashe’s work has included serving as President of the 21st JDC Bar Association, Board Member and former pro-bono counsel for the Richard Murphy Hospice Foundation, Board Member of the Hammond Downtown Development District and Chamber of Commerce and Board Member of the Home Mortgage Authority. Jeff and his wife, Sandra, have been married for fourteen years and have one daughter, Isabelle, age twelve.

HON. JUDGE ELLEN KOVACH was elected to Division K of the 24th Judicial District Court in 2008. Prior to her election, she practiced general civil litigation including commercial, employment law, and class action litigation with Jones Walker, The Kullman Firm and The Frilot Firm. She also served as an elected member of the Jefferson Parish School Board. Judge Kovach was admitted to practice law in Louisiana in 1985. She received a Juris Doctor degree in 1985 from Loyola University School of Law where she was an editor of the Loyola Law Review. She graduated from Loyola University with a Bachelor of Arts degree cum laude in 1982.

HEARING OFFICER LISA TRAMMELL SULLIVAN is married to Brad Sullivan and together they have two daughters, ages 21 and 17. She attended La. Tech, where she received her Business degree in 1984. She then attended LSU Paul M. Hebert Law Center where she received her law degree in 1987. Her work experience includes: Law Clerk, 3rd JDC 1987-1989; Practicing Attorney, 1989-1993; Law Clerk, 4th JDC 1994-1995; Hearing Officer, 4th JDC 1995-Present. A few of her notable experiences include: Prior service as juvenile judge pro tem for 4th JDC in 2002; Drafted and assisted with passage of current Hearing Officer enabling statute RS 46:236.5.C; FINS Officer for 4th JDC 1995-1998; Former State Board Member for FINS & CASA; Member La. Hearing Officers Assn. She is a frequent lecturer for attorneys, law enforcement (domestic violence), and social/therapist students (how their careers intersect with family court). She is a member of the Monroe Mental Health Task Force, assisted with implementing Crisis Intervention (CIT) in Monroe area, resulting in better law enforcement management of mental health crises, and reduced wait times at local psych ER.