13.5 Trial


(a) Assignment for Trial - It shall be the responsibility of the preliminary judge and the individual calendar judge to schedule matters for trial.

(i) Default Cases - On application of the Petitioner and the filing of the Certification for Default Hearing, when appropriate, an order of default shall be entered and the matter assigned instanter to a trial judge for hearing.

(ii) Uncontested/Agreed Cases - The following procedure shall be used with regard to all uncontested final matters (prove-ups):

a. In the event the matter was assigned to a trial judge as a contested matter and the parties subsequently resolve all outstanding issues, the parties shall schedule the hearing as an uncontested matter with the judge to whom the case is assigned.

b. An uncontested cause may be heard when an Uncontested Cause Stipulation is signed by the parties and their attorneys. The parties shall schedule the uncontested hearing with the Clerk of the Circuit Court or, at the preliminary or individual judge’s discretion, directly with the judge or the judge’s coordinator.

c. The parties shall submit to the court at the time of prove-up the following:
1. A proposed Judgment for Dissolution of Marriage or Civil Union;
2. A signed settlement agreement, if any;
3. A Parenting Agreement when relevant; and
4. An Order for Support when relevant.

(iii) Contested Cases - When the individual calendar judge or preliminary judge schedules a contested case for trial, the case shall be assigned a date certain for trial to commence. The preliminary judge shall assign the case to a trial judge from that team, or if no trial judge is available, to the Presiding Judge of the Domestic Relations Division for further assignment, on the date scheduled for the trial to commence. To the extent that scheduling permits, all contested cases will be heard on a consecutive day basis until conclusion with priority given to custody cases.