Rule 16. Required reports

(a) Child Support Financial Disclosure Report.

(1) Prior to a mediation conference on an action for support or for modification of an existing order, each party shall complete a written report in the form approved by the Court to be known as a Child Support Financial Disclosure Report, attaching thereto such documents as may be required by the instructions accompanying the Report. Each party shall bring a completed Child Support Financial Disclosure Report to the mediation conference where the information contained therein shall be notarized by the parties, with misrepresentations subject to appropriate sanctions.

(2) In any matter in which a mediation conference does not occur, each party must complete and exchange with the opposing party or attorney a written report in the form approved by the Court to be known as a Child Support Financial Disclosure Report at least 7 calendar days prior to the first court appearance. Each party shall bring a copy of the completed report to their first court appearance where the information contained therein shall be notarized with misrepresentations subject to appropriate sanctions.

(3) The requirement for filing the Child Support Financial Disclosure Report may be waived by the Court upon written application by either or both parties for good cause shown, but only under such conditions as the Court may impose.

(4) Failure of a party to submit the Child Support Disclosure Report with attachments or to exchange with the opposing party shall subject the offending party to appropriate sanctions.

(b) Custody, visitation and guardianship disclosure report.

(1) Prior to a mediation conference on an action for custody, visitation or guardianship, each party shall complete a written report in the form approved by the Court to be known as a Custody, Visitation, and Guardianship Disclosure Report, attaching thereto such documents as may be required by the instructions accompanying the report. Unless already submitted to the Court in advance, each party shall bring a completed report to the mediation conference where the information contained therein shall be notarized with misrepresentations or omissions subject to appropriate sanctions.

(2) In any matter where a mediation conference does not occur, each party must complete and exchange with the opposing party or attorney a Custody, Visitation, and Guardianship Disclosure Report at least 7 calendar days prior to the first court appearance. The Custody, Visitation, and Guardianship Disclosure Report must also be filed with the Court at least 7 calendar days prior to the first court appearance. The information contained in the report shall be notarized at the first court appearance with misrepresentations subject to appropriate sanctions.

(3) The requirement for filing the Custody, Visitation and Guardianship Disclosure Report may be waived by the Court upon written application by either or both parties for good cause shown, but only under such conditions as the Court may impose.

(4) Failure of a party to submit the Custody, Visitation and Guardianship Disclosure Report shall subject the offending party to appropriate sanctions.

(c) Ancillary Financial Disclosure Report.

(1) After the entry of a divorce decree, a petitioner requesting ancillary relief shall complete a written report in the form approved by the Court known as an Ancillary Financial Disclosure Report and shall forward an original notarized copy to the respondent or attorney for respondent within 30 days of the granting of the final decree of divorce and advise the Court in writing that the report has been sent to respondent or respondent's attorney. Respondent shall then complete the form filing the original notarized document with the Court and forwarding a copy to the petitioner or petitioner's attorney within 30 days of receipt.

(2) Where a petitioner does not seek ancillary relief, a respondent requesting such relief shall complete the Ancillary Financial Disclosure Report and forward an original notarized copy to petitioner or petitioner's attorney within 30 days of the granting of the final decree of divorce and advise the Court in writing that the report has been sent to petitioner or petitioner's attorney. Petitioner shall then complete the form filing the original notarized document with the Court and forwarding a copy to respondent or respondent's attorney within 30 days of receipt.

(3) The requirement for filing the Ancillary Financial Disclosure Report may be waived by the Court upon written application by either or both parties for good cause shown, but only under such conditions as the Court may impose.

(4) Failure of a party to submit the Ancillary Financial Disclosure Report shall subject the offending party to appropriate sanctions.

(d) Ancillary Pretrial Stipulation.

(1) Unless there exists a no contact order between unrepresented parties, at least 30 days prior to a pretrial conference, the parties shall meet or confer in an effort to resolve all outstanding issues. This requirement may be waived by the Court upon motion by either or both parties for good cause shown.

(2) If the parties are unable to reach an agreement regarding their ancillary matters, an Ancillary Pretrial Stipulation shall be completed in the following manner: i. The petitioner seeking ancillary relief shall complete the Ancillary Pretrial Stipulation and forward an original notarized copy to the respondent or the respondent's attorney at least 20 days prior to the pretrial conference. ii. The respondent shall then complete the document, file the original document with the Court and forward a copy to the petitioner 7 calendar days prior to the pretrial conference. Each party's respective submissions shall be contained on one form. iii. Petitioner after receiving from the respondent the completed form shall be entitled to supplement or file with the Court any objections. The objections or supplement should be filed prior to or at the pretrial conference. A copy of any objections shall also be provided to the respondent or respondent's attorney.

(3) If the petitioner fails to complete the Ancillary Pretrial Stipulation, the respondent must complete his or her portion of the Ancillary Pretrial Stipulation and file it with the Court at least 7 calendar days prior to the pretrial conference.

(4) If there exists a no contact order between unrepresented parties whether in a criminal proceeding or a Protection From Abuse Order, each party shall complete his or her portion of the Ancillary Pretrial Stipulation and file it with the Court at least 20 calendar days prior to the pretrial conference. The Court will forward a copy of the Ancillary Pretrial Stipulation to the opposing party.

(5) The requirement for filing the Ancillary Pretrial Stipulation may be waived by the Court upon motion by either or both parties for good cause shown, but only under such conditions as the Court may impose.

(6) Failure to submit the Ancillary Pretrial Stipulation shall be subject to appropriate sanctions.

(e) Failure to comply. Failure of either party to comply with the requirements of this Rule may result in the imposition of appropriate sanctions which may include but are not limited to the following: the Court's sua sponte continuing the proceeding, acceptance of properly submitted information to the exclusion of contrary evidence by the party in non-compliance; assessment of attorney's fees against the non-complying party or default judgment for the relief requested. Failure of both parties to comply with this Rule as it relates to the Ancillary Financial Disclosure Report may result in dismissal, with prejudice, of all applications for ancillary relief. As it relates to submissions required by the Ancillary Pretrial Stipulation, failure of a party to file may result in the adoption of the findings, conclusions and order submitted by the other party as the decision and order of the Court or cancellation of the ancillary hearing. History. Added, Oct. 5, 2017, effective Jan. 1, 2018.