Divorce Hearing Officer's Do's and Do Nots

  1. DO feel free to serve inventories, income/expense statements, pretrial statements, and other documents on the Hearing Officer via email.
  2. If you have served the Hearing Officer by email, DO NOT send paper copies.
  3. DO respond promptly to Penny’s emails regarding scheduling matters even if it is only to let her know that you are unable to reach your client.
  4. DO NOT ignore Penny’s emails.  Penny has been instructed that she may schedule a matter if she has not heard from an attorney within 72 hours of her email. 
  5. DO consult with opposing counsel regarding any requests (e.g., continuance, rescheduling, need for a conference) and, if possible, obtain three dates acceptable to both of you and the parties; provide those dates to Penny who will contact the Hearing Officer and then notify you of the new date.
  6. DO NOT forget to check with your client before committing to a date.
  7. DO read the conference Memoranda carefully upon receipt to ensure that there are no errors regarding stipulations and/or discovery directives.
  8. DO NOT hesitate to, jointly with the other attorney, notify the Hearing Officer of any such errors.
  9. DO be cognizant of the fact that the Hearing Officer’s Memoranda are usually accompanied by Per Curiam Orders directing the parties to comply with the Hearing Officer’s directives unless objections to said directives are filed and modified by the Court.
  10. DO NOT fail to comply with the discovery directives if you have not filed objections that the Court has sustained.
  11. DO NOT attach a cover sheet to your Inventory and call it your pretrial statement.
  12. DO remember that stipulations reached in front of the Hearing Officer and memorialized by the Hearing Officer’s memoranda are enforceable.
  13. DO REMEMBER THAT A HEARING OFFICER’S HEARING ON ECONOMIC ISSUES WILL NOT BE HELD IF AN ORDER APPROVING GROUNDS FOR DIVORCE HAS NOT BEEN ENTERED.
  14. DO NOT hesitate to reach as many stipulations as possible and, if not memorialized in a memorandum, place them on the record at the hearing.
  15. DO ensure your clients provide testimony regarding the equitable distribution and alimony factors.
  16. DO remember that we do listen to the testimony and review the exhibits admitted on the record.
  17. DO NOT have your client read an entire document into the record (although he/she can certainly highlight the important part) and DO NOT keep eliciting the same testimony because you want it highlighted (you will be given an opportunity to highlight its importance in your post hearing brief).
  18. DO be professional and courteous to the other attorney and party.
  19. DO NOT allow your client’s feelings for the opposing party dictate how you deal with the opposing attorney.
  20. DO write a good brief.  It should be succinct, clear and reflect the evidence adduced at hearing and cites to the transcript, appropriate case-law, and statutes.
  21. DO NOT hesitate to offer a solution to difficult issues.
  22. DO REMEMBER THAT IT IS NEVER TOO LATE TO SETTLE – NOBODY KNOWS THE FACTS AND THE PSYCHES OF THE PARTIES BETTER THAN YOU DO.
  23. If you do settle, DO remember to provide a fully executed copy of your agreement to the Hearing Officer who will then revoke the Hearing Officer’s appointment.