Revised Procedures and Forms Regarding Applications to Modify a Court Order and Applications for Emergent Hearing November 18, 2011

Family - Non-Dissolution Matters (FD Docket) - Revised Procedures and

Forms Regarding Applications to Modify a Court Order and Applications

for Emergent Hearing

November 18, 2011

This Supplement to Directive # 08-11 (which was issued September 2, 2011) revises

the procedure and form included in that Directive with regard to Applications to Modify a Court

Order in non-dissolution matters (FD Docket). The revisions, made on the recommendation of

the Conference of Family Presiding Judges, are as follows:

1. The "Application to Modify a Court Order" form has been revised so as to

eliminate the "check box" option to request an emergent hearing (OTSC).

This revised form, a copy of which is attached to this memo, remains the

approved filing document for all FD post-dispositional applications.

2. Requests for an emergent hearing (OTSC) in an FD case will require the

litigant to file a separate document making that request. (That form

document is appended to Directive #08-11.) This modification to the

revised FD practices does not limit the right of a party to request an

emergency hearing. It is intended to avoid the misimpression by litigants

that an emergent hearing is the same as a routine request to reopen a

case for review of custody, parenting time, or child support.

3. Clear written instructions for requesting an emergent hearing will be

provided to every litigant who requests this relief. The instructions, which

are appended to Directive #08-11, apply both to initial complaints and to

applications to modify an existing case. The instructions in plain language

inform the filer (or the attorney representing the filer) that the appropriate

forms must be presented at the Non-dissolution intake location in the

Family Division and cannot be filed through the mail. The instructions also

RICll,Hd J, Hllgllcs Justice Complex 0 PO l3()x 037 • I renton. New Jersey 08625·0037

Supplement to Directive # 08-11

November 18, 2011

Page 2

encourage the filing party to use the "additional information form" to further

explain why they consider their case to be an emergency.

This Supplement to Directive #08-11 will be published as a notice to the bar. Notice will

be provided by the Family Practice Division concerning the availability in NJKiDS of the forms

referenced herein, The forms and instructions will be posted on the Internet for easy access

by the public (as well as posted on the InfoNet for staff access).

Questions