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Proposed Family Court Rule 21 would set uniform timelines for temporary hearings; practitioners warn timeframes may need tweaking
Summary
The judiciary presented an amendment to Family Court Rule 21 to limit trial-by-ambush at temporary hearings by requiring exchange deadlines and escape valves for emergency relief. The rule was submitted to the General Assembly and will take effect unless disapproved; practitioners generally supported the structure but urged adjustments to timing.
The judiciary presented proposed changes to Family Court Rule 21 that would set uniform deadlines and evidence-exchange requirements for temporary hearings in family court, aiming to curb what the chief justice called "trial by ambush" and document-dump tactics at short temporary hearings.
"This rule brings uniformity. It provides for certain time periods, and it provides mechanisms for exchange of information to avoid this gamesmanship," Chief Justice Kittridge told the subcommittee, adding that the rule includes escape valves allowing judges to shorten or enlarge time periods for good cause…
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