Judge David C. Payne

Applies to

Family court action

Must include

caption, case number

All Family Court Actions must use the specified heading.

Applies to

Pleading

All pleadings must include a distribution list with the names, addresses, and available email addresses of appropriate recipients, unless that information is protected.

Applies to

Preliminary verified disclosure statement

In dissolution of marriage actions, Preliminary Verified Disclosure Statements (AOC-239) must be exchanged and a copy provided to Court Staff at least seven calendar days before the case management conference.

Deadline

7 calendar days

In dissolution of marriage actions, the parties must exchange Preliminary Verified Disclosure Statements at least seven calendar days before the case management conference.

Applies to

Post judgment relief motion

A Family Court post-judgment-relief motion filed more than six months after the final order must be served on the opposing party and any attorney of record.

Service

Mail

For a motion served only by U.S. Mail, the parties should allow three additional days.

To cancel or reset a hearing, the party or counsel must contact both the Circuit Court Clerk's Office and appropriate Family Court staff.

After discovery is complete and FCRPP 40 is satisfied, either party’s attorney must contact Family Court Staff to schedule a case management conference.

Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.

Deadline

7 calendar days

Motions generally must be filed at least seven calendar days before the hearing; specified motions are excepted, and untimely motions may be denied or continued absent permitted good cause.

If the Clerk's Office is closed on the date seven calendar days before a hearing, the motion must be filed by 4:00 p.m. on the first day the office reopens.

A CR 78(2) motion may routinely be granted ten days after filing if no response is filed.