New Family Law Rules-effective date

by Annette Burns on March 2, 2006

One of the most frequent questions I’ve received is what cases the new Rules apply to.  Many attorneys still think they apply only to cases filed after January 1, 2006.  This is INcorrect.  The new Rules apply to all cases pending as of 1-1-06, with two exceptions. The exceptions are set forth in the promulgating Order of the Supreme Court, which is attached.  The exceptions are (1) no new disclosure is necessary under the new Rules if disclosure was previously done in the case; and (2) new Rule 2(b) does not apply to cases filed prior to 1-1-06 unless the parties specifically stipulate. Rule 2(b) concerns the admissibility of evidence.

Other than those exceptions, the new Rules apply to ALL pending family cases and all new filings.

Regarding Motions for Reconsideration, nothing has changed in the new Rules. The provisions of the prior local Rule were incorporated into the new Rules. Please see new Rule 35D regarding Motions for Reconsideration and the fact that a Response is not necessary until requested by the court, and the court is not to grant a Motion for Reconsideration without requesting a Response.

Download R-05-0008ORDER.pdf

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