Case Review [Effective Jan

(a) Timing and Objectives. A case review will be scheduled within 15 days of the granting of an ex parte order or expedited scheduling and, otherwise, within 22 days after the filing of the petition. The parties shall be kept entirely separate and apart with any and all communication to occur through a mediator or legal counsel. The purpose of case review is to determine whether the: (1) Petitioner or counter-petitioner wishes to proceed with their petition, (2) Personal jurisdiction over the respondent has been established, (3) Parties have received copies of all petitions, amended petitions, and cross-petitions, and (4) Parties agree to resolve the petition under negotiated terms. (b) Remote participation. Unless otherwise instructed by the Court, parties and their attorneys will participate in case review remotely by use of video technology although anyone may elect to personally appear and should personally appear if they lack access to or familiarity with video technology. Remote participation implies consent to receive electronically documents that are distributed incident to a case review or hearing. (c) Nonappearance. Failure of a petitioner to participate in case review will result in the dismissal of the petition. Failure of a respondent who has been served to appear will result in a forthwith evidentiary hearing the same day. Absence from case review of a respondent who has not been served will result in the rescheduling of the case review. (d) Forthwith hearing. If the parties agree to enter into a consent order, if the respondent requests to be heard in regard to an ex parte order, if the respondent fails to appear despite proper notice, or if issues arise beyond the capacity of the mediator to address, the case will proceed forthwith to a hearing before a judicial officer with limited testimony from the parties or the attorneys consistent with Rule 403(b)(1). (1) Consent. The judicial officer will review the terms of the agreement and make necessary adjustments to the order to assure it reflects the consensus of the parties and the parties are entering into the agreement knowingly and voluntarily. (2) Default. If the requirements of Rule 402(c) are satisfied and the Court finds the respondent committed abuse, except as provided herein, the Court may award the same relief as it could have awarded after a contested trial. Furthermore: i. If the petitioner believes they cannot adequately present their case under the parameters of the forthwith hearing, then they may make an offer of proof and, instead, be scheduled for a contested trial of which respondent would receive notice and be permitted to fully participate. ii. Child support may only be awarded by default if personal jurisdiction over respondent was established in a manner sufficient for the issuance of a child support order under Chapter 5 or 6 of Title 13. iii. If respondent is a nonresident and personal jurisdiction has not been established as provided in Section 3104 of Title 10, the award shall be limited to protective relief pursuant to Rule 405(c), and custody pursuant to Rule 406(a) if otherwise permissible under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In the alternative, the Court may direct further efforts at service of process. (3) Interim Order. If an interim order has issued ex parte, the respondent may request to be heard on the continuation or terms of the interim order. A respondent who is granted a continuance of the case review is deemed to have waived their right to demand to be heard on the ex parte order. (e) Waiver of Time Limits. A party who is granted a continuance of case review or trial, or whose availability or the availability of their legal counsel inhibits timely scheduling, waives their right to a timely trial, and the right to object to the extension of the interim order. History. Adopted, effective Jan. 5, 2026. Rule 405. Trial [Effective Jan. 5, 2026]. (a) Attendance. A spectator who causes a disturbance in the courtroom, in the courthouse, or the vicinity of the courthouse may be excluded even if they are a potential witness. Unless they are a witness, any nonparty who is subject to a current no-contact order in regard to a party or potential witness may be excluded from the proceedings. (b) Subpoenas. Both parties following case review may obtain subpoenas to compel the presence of witnesses. If a hearing is rescheduled, the subpoena’s mandate shall transfer to the new date and time. (c) Protective Relief. All protective relief may be awarded for up to two years and in excess of two years pursuant to statute. Protective relief includes but is not limited to prohibitions against further abuse, contact, communication, and proximity to the petitioner’s person, residence, workplace, and minor children. Orders exceeding two years may be in force: (1) For a specific duration, or (2) Until terminated upon motion and hearing establishing that continuation of the order constitutes a manifest injustice, or (3) Until terminated upon motion establishing satisfaction of a condition such as completion of domestic violence intervention treatment or payment of past due financial support or damages. (d) Limits of Ancillary Relief. Relief beyond that available in subsection (c) may not be awarded or extended beyond one year. However, orders against nonresidents where there is an absence of actual notice or minimum contacts shall be limited to protective relief. Any such lack of personal jurisdiction shall be clearly recited in the order. (e) Compliance Calendars. On its own motion, the Court may compel the respondent to appear and provide proof of compliance or good cause why he or she should not be held in contempt of court for noncompliance for any term for which written confirmation should reasonably be available. In addition to the relief recited in Rule 407(c), an order may be extended indefinitely until the respondent provides proof of compliance. (f) Court discretion. Custody, child support, exclusive use of a home, and temporary possession of personal property of significant value may only be awarded if requested in the pleadings, upon an amendment to conform the pleadings to the evidence pursuant to Rule 15(b), or by agreement of the parties. Except when proceeding by default pursuant to Rule 404(d)(2), the Court is not otherwise limited by the pleadings and may award any appropriate relief authorized by statute. (g) Findings of fact. If the parties have minor children together and the youngest has not reached his or her 17th birthday, then any order or dismissal issuing after a full evidentiary hearing shall be supplemented with a brief summary of the findings. (h) Service of orders after trial. Orders issued after trial shall be given directly to each party present. If a party leaves the courthouse without receiving a copy, the order shall be mailed as provided in Rule 403(b)(3)(A) and deemed served for all purposes. If a party against whom an order is issued was not present for the hearing, then the order may also be mailed as provided in Rule 403(b)(3)(A) but if returned undelivered by postal authorities, then other forms of service shall be utilized until actual receipt is confirmed. History. Adopted, effective Jan. 5, 2026.