Judicial Survey Summary
Circuit Civil
Family Law Proceedings
Honorable Nancy Moate Ley

 

1) DEPOSITION DISPUTES:

These should be very limited.  Court will try to hear immediately as the schedule permits.

2) UNIFORM MOTION CALENDAR:

Fridays at 9:00 a.m.  We will order the court file.

3) TELEPHONIC HEARINGS:

Ok under most circumstances.  Please check with J.A., Terri Christison.

4) PROPOSED ORDERS:

Proposed Order Procedure as follows:

1.                  The Court will direct an attorney to prepare a proposed order, will do a tear off order at the hearing, or prepare an order.

2.                  If order prepared by the attorney, the original proposed order together with a cover letter indicating that opposing counsel (party pro se) does/does not approve of the order will be received by the Court within ten (10) working days of the hearing.

3.                  If opposing counsel (or party pro se) has an objection to the proposed order, he/she will immediately submit a proposed order to the Court.  Do not call the Court or send only a letter to object.  Send a proposed order.

4.                  If disputes are unresolved, the Court may conduct a brief phone hearing.

5) DISCOVERY CUT-OFF:

Established at the Pre-Trial Conference.

6) PRETRIAL STATEMENTS:

Follow the form pre-trial order.

7) MOTIONS IN LIMINE:

If lengthy, it is a good idea to schedule prior to trial.

8) SCHEDULING OF TEMPORARY MATTERS:

May schedule with the Court or the General Master. Parties should try to resolve prior to hearing.

9) TIME BEFORE TEMPORARY MATTER MAY BE SCHEDULED:

Depends on the calendar.

10) PRE-TRIAL CONFERENCES:

Attendance of parties is required unless excused by the Court.

11) EMERGENCY HEARINGS:

Fax copy of the motion to the Judge who will determine whether an emergency and will set for hearing.  Notice of hearing to opposing side is responsibility of party requesting hearing.

12) TRIAL:

Please set for a realistic period of time.

13) ATTORNEY FEES:

Entitlement generally handled at final hearing.

14) TESTIMONY OF CHILDREN:

Motion required. 

15) ALTERNATIVE DISPUTE RESOLUTION vs TRIAL:

ADR saves parties time, stress and money.

16) COURTROOM DEMEANOR COMMENTS:

Professionalism is important.  Parties and counsel should act respectfully toward each other, the parties and the Court.

17) EVIDENCE:

Exhibits for final hearing must be indexed and bound.

18) MEDIATION:

A great idea.  In most cases the Court will order mediation prior to setting a contested final hearing.

19) COURTROOM DEMEANOR:

Professional, Professional, Professional

20) OTHER PRACTICE AND PROCEDURE POINTERS:

Be prepared.