HONORABLE JUDGE MARK I. SHAMES
1) DEPOSITION DISPUTES:
Court will hear telephonically immediately, if available, otherwise as can be scheduled.
2) UNIFORM MOTION CALENDAR:
None presently scheduled Court currently has time regularly available for emergency matters.
3) TELEPHONIC HEARINGS:
Permitted on non-evidentiary matters, as per Rule of Judicial Administration 2.071, notice to opposing side required. Attorneys may attend in person. Movant to set up hearing.
4) PROPOSED ORDERS:
Must be reviewed by opposing counsel prior to submitting to Court. If no agreement, each side to submit its proposed Order. The Court will not hold orders pending objections.
5) DISCOVERY CUT OFF:
Generally, at pre-trial unless circumstances require an alternate period.
6) PRETRIAL STATEMENTS:
Pursuant to Family Law form.
7) MOTIONS IN LIMINE:
To be heard prior to time of trial at separate hearing. If circumstances warrant, may be heard at pre-trial if time allows and noticed.
8) SCHEDULING OF TEMPORARY MATTERS:
Set as any other hearings. Note: The Family Law Division is contemplating the implementation of a mandatory mediation program for temporary matters.
9) TIME BEFORE TEMPORARY MATTER MAY BE SCHEDULED:
No set policy.
10) PRE-TRIAL CONFERENCES:
Required for trials exceeding two hours. May be waived and exchange of witness and exhibit lists used instead in appropriate cases.
11) EMERGENCY HEARINGS:
Motions to be submitted to Court for determination of emergency status. If granted, a hearing will be set. Opposing counsel/party to be provided with Motion in same manner as the Court, unless reasons for no notice stated.
12) TRIAL:
Sufficient advance scheduling to allow enough time and for consecutive days, if necessary.
13) ATTORNEY FEES:
Generally, issues heard at separate proceeding post-trial. Affidavits acceptable if agreed to.
14) TESTIMONY OF CHILDREN:
Court will determine on a case by case basis, but compliance with Family Law Rule 12.407 required.
15) ALTERNATIVE DISPUTE RESOLUTION vs. TRIAL:
Generally, mediation will be required, and should be completed, prior to setting pre-trial or trial.
16) COURTROOM DEMEANOR COMMENTS:
Counsel/parties to address the Court rather than each other. The Court requires professionalism and common courtesy from/to all.
17) EVIDENCE:
Pre-marked by counsel and exchanged within five days of trial, but not necessary for shorter hearings. Court will mark evidence as received. Evidence must be shown to opposing counsel/party prior to submission to Court.
18) MEDIATION:
See 15) above.
19) COURTROOM DEMEANOR:
See 16) above.
20) OTHER PRACTICE AND PROCEDURE POINTERS:
Orders should not have the "DONE AND ORDERED" and Judges signature standing alone on a separate page. Some part of the body of the Order should be included.