Administrative Order Number 2
Jurisdiction of Family Law Cases
Pursuant to the purpose and intent of the Family Court of the 25th Judicial Circuit, Judge Tracy L. Storie, Presiding Judge, hereby makes the following orders to assist with efficiency and to clarify the jurisdiction of family law cases under the Family Court.
- 1. The Judge designated as the Family Court Judge for each respective county shall be listed as the Judge having original jurisdiction of all cases filed in that county which are described in Local Court Rule 68.1.
- 2. The Associate Judge(s) in each county and the Circuit Judges of Division I and Division II shall have concurrent jurisdiction to hear any contested discovery and contested temporary motions for support, custody, maintenance, attorney fees, etc. They shall also have concurrent jurisdiction for any contempt action, default hearing and any uncontested hearing.
- 3. The Family Court Judge designated for each county and the Circuit Judges for Division I and Division II shall have concurrent original jurisdiction to conduct the trial for any contested family law case described in Local Court Rule 63.1. Further, if all parties/attorneys agree in writing to the assignment of a Trial Judge for a final contested hearing, the Family Court Judge in that county shall have the authority to assign the same. If the attorneys are unable to agree on a judge to hear the final trial, the Family Court Judge shall refer the matter to the Presiding Judge for assignment in the same manner as other civil cases.
- 4. In the event that one of the Family Court Judges is not able to undertake case management duties for more than five (5) working days, then the Administrative Judge of the Family Court for the 25th Judicial Circuit shall be responsible for day-to-day case management duties until such Judge is able to resume their duties. In the event that the Administrative Law Judge is unable to perform day-to-day case management duties, the general case management duties are to be performed in the order listed first in paragraph 3 above, and thereafter in paragraph 4 above.
- 5. The Family Court Judges shall have the same authority as Circuit Judges in ordering parties to file pleadings and documents as required by Local Court Rules, orders of contempt and orders of dismissal for parties failing to comply with Local Court Rules or Administrative Orders.
This Order is effective January 1, 2011 and to remain in effect until further order of this Court.