The Divorce Case Schedule And What Are Those Dates? Part 2 This blog article is a continuation of the dates addressed in the King County Superior Court Case Schedule for a divorce/legal separation cases. Family Law Orientation Class (FLO). One of the issues that parties face when they are representing themselves in a divorce or legal separation action is a lack of knowledge as to how the court system works. King County Superior Court has finally decided that they would require parties who are representing themselves to attend a class to get some basic information on how the court system works (do not confuse this with the Parenting Seminar Class - they are two different programs). If you are represented by an attorney you are not required to attend this class. Deadline To Disclose Possible Primary Witnesses. In the event there is a need to have a trial, just like any other lawsuit, there will be a need to have witnesses testify before the judge (there are no juries in divorce/legal separation cases). There is a deadline to give the other party a list of the witnesses you may use at the trial. This will give the other party, if they wish to do so, a chance to talk to these individuals prior to the trial date (this would also include asking the witness questions in a deposition, etc.). Of course the parties will always be called as witnesses in every case. Additional witnesses may be necessary, depending on what the issues, and complexity of those issues, remain for the judge to decide. In those cases where the primary care of children is an issue, one can expect both sides to have as many as ten to twenty witnesses (this is part of the reason why “custody battles” tend to be expensive). Deadline To Change Trial Date. Even thought the trial dates, in King County Superior Court, are scheduled out approximately one year, occasionally the date will conflict with something that a party or attorney just can not get out of. Since the court wants some advance notice of a need to change the trial date, they have set a deadline to file a motion to change it. It is not uncommon for some event, such as a failure to get the parenting evaluation completed (through no fault of a party), to result in a continuance as well. Deadline To Disclose Possible Additional Witnesses. Once each side has disclosed his/her main witnesses, there is a possibility that one, or both, sides may wish to call other witnesses to address the testimony of one, or more, if the other sides witnesses. While this does not happen very often in divorce/legal separation cases, it is there in case a party needs to add additional witnesses. Discovery Cutoff Date. A divorce/legal separation is a lawsuit and like another other lawsuit the parties are allowed to undertake “discovery”. Discovery has many components, but for the most part each type of discovery is designed to obtain facts that a party may use in supporting his/her position on a particular issue (or disputing a position taken by the other side). To encourage the sides to undertake discovery early on in the case, the court rules provide that all forms of discovery stop by a certain date - this is the purpose of the discovery cutoff date. By stopping the discovery by a certain date (well ahead of the trial date and required mediation) there is an expectation that the parties will be in the best position to settle the case before the trial date. So those are some of the dates listed in the King County Superior Court - Divorce/Legal Separation Case Schedule. ________________________________________________ This blog article is not intended to convey legal advice, but only address some of the general rules. Most legal issues, in family law cases, depend on the specific facts. Should you wish to discuss your particular situation with the Law Office of Thomas A. Chillquist, please call or email my office. I am a family law lawyer (divorce attorney) and I represent parties in family law, and divorce, matters in King and Pierce County, Washington, including Kent, Federal Way, Covington, Renton, SeaTac, Des Moines, Fife, Auburn, Seattle, Bellevue, Puyallup, Orting, Tacoma and Mercer Island. Copyright Thomas A. Chillquist
Posted on: Fri, 25 Apr 2014 20:12:03 +0000
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