Monroe NC Temporary Custody Hearing
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Union County always sets a Temporary Custody hearing before the permanent custody hearing. This is in stark contrast to Mecklenburg County which ordinarily does not hold temporary custody hearings. The hearings usually last for 1 or 2 hours depending on how whether other issues such as child support are to decided. This really limits the amount of witnesses that can be called and requires excellent organization by both either the party or attorney.
Although the temporary ruling is not final it is important to present your strongest evidence at this hearing as often the temporary ruling mirrors the permanent order. |
TEMPORARY OR INTERIM HEARINGS ON AFFIDAVITS
4.1 Temporary Hearings. Temporary hearings shall include hearings of request for temporary custody or visitation, temporary child support, post-separation support, reviews of Ex Parte Orders (except domestic violence cases) and interim partial distributions pursuant to NCGS §50-20(i1).
4.2 Parties and Their Attorneys. Parties and their attorneys, if any, shall be present at the hearing.
4.3 Temporary Hearings. Temporary hearings shall be limited to thirty minutes per party for custody and visitation issues, and thirty minutes per party for financial issues involving temporary child support, post-separation support, and/or attorney’s fees. No temporary hearing will exceed two total hours. For example, a hearing on temporary custody, child support, and post-separation support shall entitle each party to one hour. A hearing solely on temporary custody shall entitle each party to thirty minutes. Parties shall be entitled to use their time for presentation of testimony and evidence, cross-examination, and/or opening and closing statements. Examination of children in a temporary custody hearing is in the discretion of the presiding judge.
4.4 Affidavits. Both parties shall file all affidavits on the Wednesday prior to the Monday of the District Court week for which the case is calendared.
Service on the opposing party should be completed by 5:00 on the Wednesday prior to the Monday of the District Court week for which the case is calendared (service by mail requires affidavits to be mailed three days earlier). Service by facsimile is allowed. Testimonial affidavits in temporary custody and visitation cases shall not be filed or served on opposing parties until the parties have completed custody mediation.
Testimonial affidavits are not required to be filed in temporary custody or visitation hearings. However, should a party file testimonial affidavits the following guidelines apply:
1. Only the sworn testimony of the Plaintiff, Defendant, or an intervening party may be contained in the affidavits submitted.
2. Affidavits shall not exceed a total of 15 pages, not including the cover sheet and verification.
3. Affidavits shall be typed in 12 point font or hand-printed and double-spaced.
4. Affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein..
5. The party affidavit must be accompanied by the designated cover sheet.
6. In addition to the testimonial affidavit, a party may submit the following certified records obtained from the appropriate agency (school records, daycare records, medical records, dental records, counseling records), accompanied by the designated cover sheet. All such records shall comply with Rule 803(6) of the N.C. Rules of Evidence as follows:
Records of Regularly Conducted Activity. – A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
Failure to abide by these rules by filing or serving affidavits untimely will allow the opposing party to elect a delay of 48 hours to further prepare for hearing, and the court in its discretion shall refuse to consider affidavits which do not meet the requirements of this rule. The court in its discretion may also sanction the offending party as permitted by Rule 22.
4.5 Service of Affidavits. Service of Affidavits may be by hand delivery, fax, or mail; however, service of affidavits by mail requires an additional three (3) days. The Court may, in its discretion, postpone or waive these requirements. Pre-trial Conferences are not required prior to temporary hearings unless ordered by the assigned judge.
4.2 Parties and Their Attorneys. Parties and their attorneys, if any, shall be present at the hearing.
4.3 Temporary Hearings. Temporary hearings shall be limited to thirty minutes per party for custody and visitation issues, and thirty minutes per party for financial issues involving temporary child support, post-separation support, and/or attorney’s fees. No temporary hearing will exceed two total hours. For example, a hearing on temporary custody, child support, and post-separation support shall entitle each party to one hour. A hearing solely on temporary custody shall entitle each party to thirty minutes. Parties shall be entitled to use their time for presentation of testimony and evidence, cross-examination, and/or opening and closing statements. Examination of children in a temporary custody hearing is in the discretion of the presiding judge.
4.4 Affidavits. Both parties shall file all affidavits on the Wednesday prior to the Monday of the District Court week for which the case is calendared.
Service on the opposing party should be completed by 5:00 on the Wednesday prior to the Monday of the District Court week for which the case is calendared (service by mail requires affidavits to be mailed three days earlier). Service by facsimile is allowed. Testimonial affidavits in temporary custody and visitation cases shall not be filed or served on opposing parties until the parties have completed custody mediation.
Testimonial affidavits are not required to be filed in temporary custody or visitation hearings. However, should a party file testimonial affidavits the following guidelines apply:
1. Only the sworn testimony of the Plaintiff, Defendant, or an intervening party may be contained in the affidavits submitted.
2. Affidavits shall not exceed a total of 15 pages, not including the cover sheet and verification.
3. Affidavits shall be typed in 12 point font or hand-printed and double-spaced.
4. Affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein..
5. The party affidavit must be accompanied by the designated cover sheet.
6. In addition to the testimonial affidavit, a party may submit the following certified records obtained from the appropriate agency (school records, daycare records, medical records, dental records, counseling records), accompanied by the designated cover sheet. All such records shall comply with Rule 803(6) of the N.C. Rules of Evidence as follows:
Records of Regularly Conducted Activity. – A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
Failure to abide by these rules by filing or serving affidavits untimely will allow the opposing party to elect a delay of 48 hours to further prepare for hearing, and the court in its discretion shall refuse to consider affidavits which do not meet the requirements of this rule. The court in its discretion may also sanction the offending party as permitted by Rule 22.
4.5 Service of Affidavits. Service of Affidavits may be by hand delivery, fax, or mail; however, service of affidavits by mail requires an additional three (3) days. The Court may, in its discretion, postpone or waive these requirements. Pre-trial Conferences are not required prior to temporary hearings unless ordered by the assigned judge.
