On February 15, 2006, Wake County implemented new rules for the management of domestic cases. The Wake County Family Court Rules aim to provide a case management plan for the fair, just and prompt resolution of domestic cases in Wake County.

The cornerstone of the rules is one family, one judge. Each time you appear in court the same judge will hear your case. As a result, time will not be wasted educating the judge on the nuances of the family dynamic. Thus, if one party obtains an ex parte order against the other and there is a pending action for custody or support or property distribution, the judge assigned to that case will hear the domestic violence action.

The rules set out strict time frames for the completion of discovery and for the hearing of issues. They require that a party filing a complaint provide detailed financial information within fifteen (15) days of the filing of the action. If the documents are not produced in a timely matter, a party can be liable for sanctions, such as dismissal of the claim. As such, it is important when you first retain us that you provide us with all of your documents immediately. We will not file suit for you if we do not have your documents in hand.

The party being sued is also under similar guidelines for the production of financial information. If you are being sued, it is important to bring all relevant documents to your initial meeting with us.

Generally, parties are required to produce statements for all financial accounts and debts for a one year period prior to the date of separation. For a detailed list of the required documents, please contact our office.

Under the new rules, the court will schedule and rule on temporary hearings for both child support and spousal support within forty-five (45) days of the filing of the complaint. Under the old rules, months could go by without having a hearing on the financial issues. Additionally, judges are bound by the new deadlines as well. The court must enter its order within the forty-five day period. Gone are the days of waiting six months for the judge to enter a decision on support.

Claims for property distribution have similar guidelines for the production of documents. Within seventy five (75) days of filing a claim for equitable distribution the court will hold a status conference to determine the status of the case and to set deadlines to move the case toward its final completion. Parties are still required to mediate their property issues with a neutral third party mediator.

The new rules may have the biggest impact on custody cases. The court now requires parties to undergo custody mediation, and in cases where mediation is unsuccessful, the parties must attend a parenting class. Failure to attend the class in a timely manner can result in sanctions to a wayward party. At least one judge has been issuing arrest warrants to delinquent parents.

Temporary Custody hearings will be scheduled and decided within forty five (45) days of any party’s request for a temporary hearing. The court limits each side to thirty (30) minutes in order to present evidence, and strongly encourages the use of affidavits (sworn statements from witnesses) at this phase of the litigation.

In all, the new rules hope to eliminate the most frequent complaint that litigants have--to have a judge decide the case, quickly and efficiently. However, in order for this process to work, the parties must work with their attorneys to have all the necessary, relevant documents ready at the onset of litigation.