Family Law Bench Book

Introduction

The court wishes to be a partner with attorneys, parties and the Friend of the Court in getting divorce cases settled where possible and tried where necessary -- in a timely, efficient and fair manner. Most cases are settled before trial.

To settle cases:

• The court must stick to its trial schedule.
   
• The court must maintain predictability of outcomes.
   
• The attorney must be prepared.
   
• The attorney must keep in mind not only the needs of the client but the importance of keeping family relationships as intact as possible.
   
• The client must have been afforded some opportunity to be part of the process.
   

1. Motions. Motions in domestic cases are conducted at 8:30 on Thursday mornings. Cases are called in the order of check in. Please do not check in until all sides are prepared to go forward.
   
   
1. Friend of the Court Referrals. The court officer has Orders of Referral to the Friend of the Court. If you determine such a referral is all you need, you may get the form, complete it and return it to the court officer. He will approach the bench, get it signed, give you the yellow copy and you can take your client to the Friend of the Court to get an appointment. This can all be done without calling the case. The court officer will make the appropriate notations on the docket to reflect this activity.
2. Benchbook. The court will make every effort to follow the Benchbook guidelines in formulating the relief given in response to motions.
3. Settled motions. If you settle a motion, you need not have the case called. Report to the court officer and tell him an order will follow. He will request the name of the attorney who is to prepare the order and when it will be presented. He will make the necessary notations on the docket.
4. Adjourned motions. If you agree to an adjourned date for your motion, you do not need to have your case called. Get a new date from the court officer and he will make the necessary notation on the docket.
5. Evidentiary hearing dates. If you need a date for an evidentiary hearing, tell the court officer and then get the date from Ms. Shock. You do not have to have your case called. Be prepared to tell Ms. Shock how much time you must have. Be as exact as you can. We will give you the time you need, but the time you request and do not use is taking time from others.
   
   
2. Settlement Conferences. (Counsel may wish to discuss the use of a Conference Trial at the settlement conference.)
   
   
1. Time. Settlement Conferences are conducted on Thursday mornings at 9:30.
2. Place.
1. Courtroom. Most settlement conferences are conducted in the courtroom.
2. Chambers. If you are faced with a situation where guidance from the court is expected to be helpful, you may ask for your conference to be conducted in chambers.
1. This in-chambers conference may be held the day of the settlement conference, or if the docket is too demanding, it will be set for another date within the week. Often these will be held in the very early mornings, at noon or at the end of the day -- so as not to interfere with cases previously scheduled.
2. Cases not scheduled for conference but which counsel feel would benefit from a conference may be set for an in-chambers conference simply by calling Ms. Shock. You can expect these conferences also to be held at times not to interfere with matters previously set.
3. Conference with minor children. If you are requesting a Conference by the court with minor children, please let Ms. Shock know the name of the person at the Friend of the Court who is familiar with the family. Interviews with minor children are conducted in the presence of the Friend of the Court.
   
   
3. Trials.
   
   
1. Setting the date, common practice. Often at settlement conference counsel find themselves almost in agreement but need additional time to put the pieces together. If this happens the court will set your case for trial on a Thursday morning at 10:30 a.m. One of two things happens to trials set for Thursday mornings.
1. The case will be settled and the proofs will be put on the record either on the usual pro con day (Tuesday at 1 PM in Courtroom 8) or on the Thursday it was set for trial;
2. Or, if it is not settled, counsel must notify the court one week before the Thursday trial date and receive a new date.
1. This new date will likely be within a week of the date previously given and counsel will be expected to be fully prepared to proceed.
2. Your case will be the only one on the docket. No adjournments will be granted.
2. Setting the date, exceptions. If at a settlement conference, you find you are in hopeless disagreement, you will be given a firm trial date. The court will be happy to schedule another conference just short of the trial date if that would be helpful.
3. At trial:
1. All exhibits must be marked in advance and exchanged with counsel.
2. Witness lists containing a short statement concerning the testimony expected from each witness must be exchanged with counsel.
3. Depositions will be expected from witnesses who are necessary to your case but who cannot be present.
4. Stipulations should be discussed and entered into when possible.
5. Special needs, such as audio visual equipment, flip charts, and markers, and so on, must be arranged or checked on at least 48 hours before the trial is scheduled to start. Delays or adjournments will not be granted if such equipment is unavailable to you.
4. Conference Trials. Many cases are being tried in Washtenaw County by the Conference Trial method. Such a trial can take on almost any format counsel and the parties can agree to. This is a very useful strategy when the client wishes to "tell it to the judge."
1. To proceed with a conference trial, all counsel and parties must state on the record their agreement to be bound by a court decision resulting from the Conference Trial mechanism chosen.
2. Often, the parties and witnesses, if any, are placed in the jury box and sworn. The court asks each witness what they would like to state to the court. The attorneys ask questions if they desire. Sometimes the attorneys agree to time limits on their questioning such as 5 or 10 minutes per witness.
3. It can be an effective mechanism also when there is more than one expert. Many such cases settle when the experts are sent into a room and asked if they can agree upon a conclusion, whether it is a business evaluation or a custody arrangement.
   
   
4. Procedure Following Trial. When testimony is completed in a contested case, counsel will be asked to provide the following:
   
   
1. A written final argument.
2. A written brief on issues arising during trial not previously briefed and which counsel or the court feels would be helpful.
3. A written proposed findings of fact and conclusions of law.
4. A proposed judgment or order approved by the Friend of the Court and any other documents or fees necessary before such a judgment or order may be entered (such as the Record of Divorce or Annulment form in the case of a judgment.)
5. Any of these should be presented on paper and may be accompanied by a disk in WordPerfect, Word or ASCII format. Such documents may also be filed electronically from the Washtenaw County Trial Court Homepage: