Superior Court, Judicial District of Fairfield, Connecticut Document Filing Requirements

CRITICAL

Applies to

Specific steps

DCF shall document any agreed changes to the specific steps.

Any changes agreed upon to the specific steps shall be documented by DCF.

CRITICAL

Applies to

Motion to remove amc or gal

The removal motion must set forth all facts on which the party relies.

Such motion shall set forth all facts upon which the party relies in seeking such removal.

CRITICALCivil cases

Applies to

Request for adjudication

Unless otherwise ordered, a qualifying discovery or deposition motion filed within six months of trial is adjudicated upon filing the Request for Adjudication form JD-CV-119.

Unless otherwise ordered by the court, the following orders apply. When a civil case has been assigned for trial, any Practice Book Chapter 13 motion directed to discovery or deposition issues filed within six months of the trial date shall be adjudicated upon the filing of a Request for Adjudication of Discovery or Deposition Dispute (form JD-CV-119).

CRITICAL

Applies to

Evaluation request

A party other than DCF requesting an evaluation must state the request’s reason, estimated cost and payer, estimated completion time, proposed evaluator documents, and whether the party seeks control over sharing the results.

If an evaluation request is made by a party other than DCF, that party shall indicate: i. the reason or need for the request; ii. the estimated cost and who should pay; iii. the estimated time for completion of each evaluation; iv. any proposed documents to be provided to the evaluator; and v. whether the party asking for the evaluation is also asking for the right to decide if the results of the evaluation must be shared with the other parties.

CRITICAL

Applies to

Joint affidavit

When both parties are represented by counsel, counsel must submit a joint affidavit confirming that they discussed all disputed issues.

In cases where both parties are represented by counsel, counsel shall submit a joint affidavit confirming that they have discussed all issues in dispute.

CRITICAL

Applies to

Evaluation order

A stamped and signed evaluation order must be placed in the court file.

The stamped and signed order shall be placed in the court file.

CRITICAL

Applies to

Records disclosure motion

The motion’s provider notice must state that its hearing will occur at the TMC’s date and time, unless the court permits another date convenient for the assigned trial judge.

The notice to the providers in said motion shall reflect that the hearing on the motion will be held on the same date and time as the trial management conference or with permission of the court another date that is convenient for the assigned trial judge.

CRITICAL

Applies to

Trial or hearing submission

Current sworn financial affidavits are required for a trial or hearing involving financial issues.

Current sworn financial affidavits meeting the requirements of Practice Book Sec. 25-30(a), if any financial issues are involved.

CRITICAL

Applies to

Stipulation or agreement

Agreed issues must be submitted in writing as a stipulation or agreement signed by the parties and counsel.

Any issues agreed upon by the parties shall be submitted in writing by stipulation or agreement signed by the parties and counsel.

CRITICAL

Applies to

Position letter

A. If a youth is eighteen years or older and remains in voluntary placement with DCF, the attorney assigned to represent the youth post-majority shall file a position letter to the court within thirty days from DCF filing the permanency plan.

A. If a youth is eighteen years or older and remains in voluntary placement with DCF, the attorney assigned to represent the youth post-majority shall file a position letter to the court within thirty days from DCF filing the permanency plan.

CRITICALCivil cases

Applies to

Informed consent

Participation requires a written, executed informed consent and execution of any associated releases of information.

(A) The parent(s) participation requires a written, executed “Informed Consent for Participation in the Data Collection by the Milford Court Team Site (Site), using the ZERO TO THREE Safe Babies Court Team Approach” and the execution of any associated “Releases of Information”.

CRITICAL

Applies to

Trial management memorandum

The trial management memorandum must include the listed case contentions, discovery and motion matters, evaluations, stipulations, disputes, trial estimates, witnesses, trial needs, and other preliminary matters.

The memoranda shall include the following: i. A summary of the petitioner’s contentions and the respondent’s defenses or oppositional grounds, together with a summary of settlement efforts; ii. Any outstanding discovery requests and the status; iii. Any motions pending to be filed; iv. Evaluations; v. Admissions or stipulations; vi. Evidentiary disputes or judicial notice; vii. Estimated length of trial; viii. Proposed witnesses including the following: (a) the name and address of each fact witness, (b) a summary of expected testimony and (c) the approximate length of time for direct testimony; ix. Proposed expert witness, including the following: (a) the name and address of each expert witness, (b) a resume or curriculum vitae, (c) a summary of the expected testimony, and (d) the approximate length of time for direct testimony; x. A list of each pleading, motion, discovery matter, evaluation, and evidence where there is any dispute about or any outstanding matter, and a summary of the matter. xi. A list of trial needs and requests, including but not limited to, one or more interpreters, audio or visual equipment, telephone conference or TEAMS capacity for remote request; and xii. Other preliminary matters that may aid in the trial and disposition of the case.

CRITICAL

Applies to

Witness list

Each party must submit names of expected case-in-chief and reasonably anticipated rebuttal witnesses, identify each as a party, eyewitness, or expert, and state expected scheduling problems; the order does not alter Practice Book § 13-4 expert-disclosure requirements.

A list of the names of all witnesses each party reasonably expects to call as part of the party’s case in chief, as well as any reasonably anticipated rebuttal witnesses, including an identifier (that is, party, eyewitness, or expert) and stating any expected scheduling problems. Note: This order does not replace or change the requirements of Practice Book Sec. 13-4 about the manner and time for expert witness disclosure.

CRITICAL

Applies to

Telephone marking

A telephone marking must provide the case’s calendar position, case name and docket number, motion entry number and title, caller’s full name and law firm if applicable, and confirmation that counsel and self-represented parties of record were notified.

The following information is required when making a telephone marking: The position of the case on the calendar The name and docket number of the case The entry number and title of the motion The full name of the person making the marking and the law firm name, if applicable Confirmation that counsel and self-represented parties of record have been notified of the marking

CRITICAL

Applies to

Evaluation report

After the report is filed, court staff may distribute it to counsel of record but may release it to self-represented parties or parents only with a court order.

After the evaluation report has been filed with the court, the CSO or another representative of the court may distribute copies of the report to all counsel of record but not parents or other self-represented parties. Releasing copies of the report to self-represented parties or directly to parents can only be done upon an order of the court authorizing such a release.

CRITICAL

Applies to

Witness list

A witness not listed in the report may not testify at trial unless good cause is shown or the witness will provide rebuttal evidence.

Witnesses not listed will not be permitted to testify at trial, except for good cause shown or if the witness will provide rebuttal evidence.

CRITICAL

Applies to

Final agreed specific steps

DCF or the AAG shall upload the final agreed specific steps to E-Services within 48 hours of the CSC or JPT.

DCF or the AAG shall upload the final agreed upon specific steps to E-Services within 48 hours of the CSC or JPT.

CRITICAL

Applies to

Resolution plan date submission

For a Resolution Plan Date involving financial issues, the parties must file current sworn financial affidavits on or before that date; the order’s other provisions do not apply.

C.   Resolution Plan Dates. If an action or motion that is the subject of a Resolution Plan Date involves any financial issues, on or before the Resolution Plan Date, the parties shall file current sworn financial affidavits meeting the requirements of Practice Book Sec. 25-30(a). The other provisions of this order shall not apply to Resolution Plan Dates.

CRITICAL

Applies to

Joint stipulation

Any facts agreed to by both sides must be filed in a written joint stipulation before evidence begins unless the court or assigned trial judge orders otherwise.

Before the start of evidence, unless otherwise ordered by the court at the trial management conference or by the assigned trial judge, each side must file the following with the court: Any facts that both sides agree to (joint stipulation) in writing.

CRITICAL

Applies to

List of pending motions

A list of all pending motions, including motions to be decided before evidence begins, must be submitted.

A list of all pending motions, including motions to be decided prior to the start of evidence, such as motions in limine and motions for protective order.

CRITICALCivil cases

Applies to

Resume

An attorney seeking inclusion on the committee list must submit a resume demonstrating the required ability to the Civil Presiding Judge, who has discretion over inclusion.

To be included on the list, an attorney must submit a resume demonstrating your ability to perform the work required of a committee to the Civil Presiding Judge for the judicial district where the attorney�s office is located. Inclusion on the list is at the discretion of the Civil Presiding Judge.

CRITICAL

Applies to

Memorandum

The required memorandum must address the parties’ contentions and defenses, unresolved matters, discovery, witnesses, evidentiary issues, settlement, trial length, and special services.

Two weeks before the trial management conference, counsel and pro se parties shall submit a memorandum which shall include the following information: a. Summary of petitioner’s contentions and respondent’s defenses or oppositional grounds; b. Unresolved pleadings, motions, and discovery requests; c. Discovery outstanding; d. List of lay and expert witnesses reasonably expected to be called with approximate length of direct testimony, summary of anticipated testimony, and availability of witnesses; e. Anticipated evidentiary issues or judicial notice requests; f. Summary and status of settlement efforts; g. Estimated length of trial; h. Special services required, i.e., interpreter, habeas, VCR, teleconference to remote location.

CRITICAL

Applies to

Motion or objection

Unless otherwise ordered by the court, a Request for Adjudication form must be filed for a motion or objection to be decided; this requirement does not apply to motions filed during evidentiary proceedings.

A Request for Adjudication form must be filed for any motion or objection to be decided by the court. The court will not schedule or act on any motion, objection, or request unless a Request for Adjudication is filed (except for motions filed during evidentiary proceedings).

WARNING

Applies to

Exhibit list

Only proposed exhibits brought to the trial management conference will be designated on the exhibit list.

Only proposed exhibits brought to the TMC will be designated on the exhibit list.

WARNING

Applies to

Child position report

The report should include the specific date counsel consulted with the child or youth, the nature of the contact, whether the specifics of the proposed plan were discussed, and whether the concerns or opinions of the child or youth were elicited.

The report should include the specific date counsel consulted with the child or youth, the nature of the contact, whether the specifics of the proposed plan were discussed, and whether the concerns or opinions of the child or youth were elicited.

WARNINGCivil cases

Applies to

Affidavit of appraisal

An Affidavit of Appraisal should be submitted instead of testimony unless fair market value is contested; for a deficiency judgment, the appraiser must testify if the appraisal is below the fair market value found at judgment or fair market value is contested.

An Affidavit of Appraisal should be submitted in lieu of testimony except where fair market value is contested. In the case of deficiency judgments, the appraiser shall testify if the appraisal is lower than the fair market value found at the date of judgment or if the fair market value is contested.

WARNING

Applies to

JD-JM-46

At the CSC, a CSO or other court representative should complete Form JD-JM-46 with input from all parties and submit it for the judge’s signature.

At the CSC, pursuant to Practice Book § 34a-21 (c), a CSO or another representative of the court should complete JD-JM-46 with the input of all parties in the case. Once completed, the Form should be submitted for the Judge’s signature;

WARNING

Applies to

Position letter

In any position letter, it should include the following: (i) specific reason why counsel is unable to attend; (ii) the case name and docket number in conflict with the scheduled matter in the Superior Court for Juvenile Matters and when the scheduling conflict arose, if applicable; (iii) confirmation that counsel has reviewed the pending matter with their client and obtained the appropriate position; and (iv) if counsel is the attorney for the child, when and where the last home visit was conducted, the manner in which it was conducted, and any concerns noted during the home visit.

In any position letter, it should include the following: (i) specific reason why counsel is unable to attend; (ii) the case name and docket number in conflict with the scheduled matter in the Superior Court for Juvenile Matters and when the scheduling conflict arose, if applicable; (iii) confirmation that counsel has reviewed the pending matter with their client and obtained the appropriate position; and (iv) if counsel is the attorney for the child, when and where the last home visit was conducted, the manner in which it was conducted, and any concerns noted during the home visit.

WARNING

Applies to

Trial management report

If any party anticipates filing such a motion before the start of evidence, that party should identify the anticipated motion(s).

If any party anticipates filing such a motion before the start of evidence, that party should identify the anticipated motion(s).

WARNING

Applies to

Motion for psychological evaluation

If no changes are needed, the motion should be submitted to the court.

In cases that do not need any changes, the motion should be submitted to the court.

WARNING

Applies to

Motion for psychological evaluation

The movant should omit Form JD-JM-46 from the motion and provide a list of collateral contacts and/or documents for release to the evaluator.

The movant should not submit Form JD-JM-46 as part of the motion for psychological evaluation but should provide a list of collateral contacts and/or documents to be released to the evaluator;

WARNING

Applies to

Motion for psychological evaluation

The movant, in addition to the motion for psychological evaluation, should submit a completed Form JD-JM-46 and proof of agreement by all parties to the case;

The movant, in addition to the motion for psychological evaluation, should submit a completed Form JD-JM-46 and proof of agreement by all parties to the case;

WARNING

Applies to

Exemption application

Attorneys seeking an E-Services exemption must submit form JD-CL-92 according to its instructions; the form is available online and at judicial district clerk offices or Court Service Centers.

Attorneys who require an exemption from E-Services requirements may apply for an exemption by submitting the Exemption from E-Services Requirements form (JD-CL-92) in accordance with the instructions on the form. The form is available online or at any judicial district clerk�s office or Court Service Center.

INFOCivil cases

Applies to

Written claim for relief

When the State’s sole interest is providing HUSKY health insurance and no financial support has been provided, the Assistant Attorney General may file a written claim for relief about the State’s interest before the proceeding instead of appearing.

In all matters in which the Attorney General has entered an appearance on behalf of the state of Connecticut, where the sole interest of the state is the provision of HUSKY health insurance to family members (that is, where no financial support has been provided to members of the family), instead of appearing at a court proceeding the Assistant Attorney General may, before the court proceeding, file a written claim for relief regarding the state’s interest in the matter.

INFO

Applies to

Case date submission

A party may, but is not required to, provide written proposed orders complying with Practice Book Sec. 25-30(c) and (d).

A party may (but is not required to) provide written proposed orders in accordance with Practice Book Sec. 25-30(c) and (d).