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Mandatory Procedures - Simplified Dissolution

by Sheila M. Gutterman J.D., M.A. and
Some individuals and groups have expressed concerns about the lack of consistency among districts and individual courtrooms that are proceeding with the simplified process. Therefore, every court using the simplified process shall implement these procedures.
  1. Simplified dissolution is designed to provide active case management by the court from filing to resolution or hearing on all issues. IT is a process of diversified case management wherein court personnel must evaluate each case to determine the timing of that individual case, and to determine the resources, disclosures/discovery, and experts necessary to prepare that case for resolution or hearing. The goal is to provide a timely and less expensive process to parties and counsel, but also to provide a quality process that recognizes that not every decree will be entered on the 91st day, and not every case can proceed with any discovery or only one expert.
  2. Every district shall provide in its case management order that parties may opt out of the simplified domestic case process after discussion at the initial status conference, and an advisement of the simplified and the traditional process. Parties may opt out at any time following the initial status conference on a finding of good cause.
  3. Every district shall provide in its case management order that no motions shall be filed without permission of the court EXCEPT motions concerning the jurisdiction of the court, motions for restraining orders, and motions to withdraw.
  4. Every district shall provide in the case management order that initial disclosures as set forth in CRCP 26.2 shall be exchanged, and that formal DISCOVERY shall be by permission from the court, and the court shall not unreasonably withhold that permission. The court shall approve the use of the revised financial affidavit form and authorizations for releases on the request of either party.
  5. Every district shall provide in the case management order, and advise at the initial status conference, that the parties shall agree to one expert per disputed issue, or the court may appoint an expert pursuant to CRE 706, and that parties may request additional experts, and the court shall promptly consider requests for additional experts if necessary to an individual case.
  6. The case management order shall provide that parties or counsel may request a record of any proceeding, and the court may require that any or all proceedings in specific cases be on the record.
  7. The case management order shall provide that parties or counsel may request status conferences by telephone.
  8. The court shall enter minute orders, or prepare a written order, or have counsel prepare a written order to reflect any orders entered by the court during status conference.
  9. The court shall set initial status conferences within 30 to 45 days following filing of the petition. Conferences should not be set too early in that 30 or 45 day period to allow for completion of initial financial disclosures.
  10. The court shall establish procedures to provide access for emergency or interim issues that may arise. This may be a a contact through the family court facilitator, who shall, in turn set status conferences or hearings as soon as possible with a judicial officer.
  11. The court shall establish procedures to provide that a judicial officer other than one who has been involved in status conferences will be available to hear disputed issues on a reasonable/good faith request.
  12. Each conference with parties and counsel should be a meaningful event, which results in moving the case forward. Timing between conferences (if more than one is necessary) should be tailored to the individual case. The court should schedule telephone conferences to the extent possible.
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