Use of Verified Affidavits for Resolution of Temporary Motion
Upon the filing of a verified application of any party, after reviewing pleadings, including each party's Statement of Income and Expenses, Statement of Property, and if child support is requested, the Child Support Worksheet (Form 14), the Court may enter an order pendente lite, without the necessity of a formal hearing, for child support, maintenance, issues related to property, attorney's fees and costs.
The Court may only enter an order pendente lite, without the necessity of a formal hearing for temporary custody and visitation, as described above, if all parties stipulate that it may be done by verified affidavits. If either party does not stipulate that an order may be entered for temporary custody or visitation by verified affidavits, then a formal hearing is still required.
When such an application is filed for pendente lite orders by affidavit, the movant or movant's attorney shall also file the following: (1) a copy of the application with statement of income and expenses, statement of property (if property is an issue on the application), and Form 14, if applicable; and (2) movant's suggestions and affidavits in support thereof, and serve on all the parties.
Suggestions and affidavits in opposition to the movant's pleadings, including the responding party's statement of income and expense, statement of property (if applicable) and Form 14 (if applicable), shall be filed within fifteen days after the application is filed by movant.
An oral hearing may be requested by either party for any application of an order pendente lite, child support, maintenance, and property issues.
The hearing shall be limited to three hours, which shall be equally divided between the parties.