Rule 404. Case Review [Effective Jan. 5, 2026]

(a) Timing and Objectives. A case review will be scheduled within 15 days of the granting of an ex parte order or expedited scheduling and, otherwise, within 22 days after the filing of the petition. The parties shall be kept entirely separate and apart with any and all communication to occur through a mediator or legal counsel. The purpose of case review is to determine whether the:

(1) Petitioner or counter-petitioner wishes to proceed with their petition,

(2) Personal jurisdiction over the respondent has been established,

(3) Parties have received copies of all petitions, amended petitions, and cross-petitions, and

(4) Parties agree to resolve the petition under negotiated terms.

(b) Remote participation. Unless otherwise instructed by the Court, parties and their attorneys will participate in case review remotely by use of video technology although anyone may elect to personally appear and should personally appear if they lack access to or familiarity with video technology. Remote participation implies consent to receive electronically documents that are distributed incident to a case review or hearing.

(c) Nonappearance. Failure of a petitioner to participate in case review will result in the dismissal of the petition. Failure of a respondent who has been served to appear will result in a forthwith evidentiary hearing the same day. Absence from case review of a respondent who has not been served will result in the rescheduling of the case review.

(d) Forthwith hearing. If the parties agree to enter into a consent order, if the respondent requests to be heard in regard to an ex parte order, if the respondent fails to appear despite proper notice, or if issues arise beyond the capacity of the mediator to address, the case will proceed forthwith to a hearing before a judicial officer with limited testimony from the parties or the attorneys consistent with Rule 403(b)(1).

(1) Consent. The judicial officer will review the terms of the agreement and make necessary adjustments to the order to assure it reflects the consensus of the parties and the parties are entering into the agreement knowingly and voluntarily.

(2) Default. If the requirements of Rule 402(c) are satisfied and the Court finds the respondent committed abuse, except as provided herein, the Court may award the same relief as it could have awarded after a contested trial. Furthermore: i. If the petitioner believes they cannot adequately present their case under the parameters of the forthwith hearing, then they may make an offer of proof and, instead, be scheduled for a contested trial of which respondent would receive notice and be permitted to fully participate. ii. Child support may only be awarded by default if personal jurisdiction over respondent was established in a manner sufficient for the issuance of a child support order under Chapter 5 or 6 of Title 13. iii. If respondent is a nonresident and personal jurisdiction has not been established as provided in Section 3104 of Title 10, the award shall be limited to protective relief pursuant to Rule 405(c), and custody pursuant to Rule 406(a) if otherwise permissible under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In the alternative, the Court may direct further efforts at service of process.

(3) Interim Order. If an interim order has issued ex parte, the respondent may request to be heard on the continuation or terms of the interim order. A respondent who is granted a continuance of the case review is deemed to have waived their right to demand to be heard on the ex parte order.

(e) Waiver of Time Limits. A party who is granted a continuance of case review or trial, or whose availability or the availability of their legal counsel inhibits timely scheduling, waives their right to a timely trial, and the right to object to the extension of the interim order. History. Adopted, effective Jan. 5, 2026.