SPR 93.05 - Adoption Hearings

Posted in Local Rules 9.2020

SPECIAL PROCEEDINGS RULE 93.05

ADOPTION HEARINGS

    The following rules shall apply to all hearings in adoption matters.

    1)  UNCONTESTED - In all uncontested hearings the requesting party shall note the matter and file all supporting pleadings and/or documents a minimum of five (5) court days prior to the day of hearing.

    2)  CONTESTED - In all contested hearings:

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

           (i)  The moving party shall serve and file supporting affidavit(s) together with the petition and/or motion.

           (ii)  All motions shall be filed and served upon all parties no later than nine (9) court days before the time specified for the hearing.  Responses shall be filed and served on all parties no later than 3:00 p.m., four (4) court days before the time specified for the hearing. Replies shall be filed and served on all parties no later than 3:00 p.m., two (2) court days before the hearing.

         

            (iii)Pleadings filed later than 3:00 p.m. three (3) court days before the hearing may be considered if good cause for the delay appears within those pleadings. A copy of any pleading filed after 3:00 p.m. five (5) court days prior to the hearing must be given to the assigned judge. The Clerk's Office will not be responsible for getting late pleadings into the court file prior to hearing. The Court will not consider pleadings that are filed after 3:00 p.m. three (3) court days prior to hearing deadline 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.

   Practical Example of CCSPR 93.05 (b)

Below is an example of the practical application of CCSPR93.05 (b):

      Tuesday, May 1 - Moving party serves and files motion.

      Tuesday, May 8 - Responding party serves and files response.

      Thursday, May 10 - Moving party serves and files reply.

      Tuesday, May 15 - Hearing date.

           (iv) Preparation and Presentation of Orders. All orders will be prepared by the moving party. The Court will set a presentation date at the time of the hearing on the motion. A copy of the proposed order shall be provided to the Court and to the other party, or their attorney, no less than five (5) court days prior to the presentation date. Objections, along with the original proposed order, shall be filed with the Court by the objecting party no less than two (2) court days prior to the presentation date.

       (b) Adoption hearings anticipated to take more than forty-five (45) minutes must be scheduled by placing on the family law trial assignment docket.

[Adopted effective September 1, 2016; amended September 1, 2019; amended September 1, 2020]

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