CHANGES TO CT PRACTICE BOOK SEC. 25-60 RE FAMILY SERVICES EVALUATIONS PUT LITIGANTS AT RISK!

PAGE 42-43 SUGGESTED PRACTICE BOOK REVISION-THIS WOULD BE ADDED TO SECTION 25-60 ON FAMILY COURT PRACTICE AND POTENTIALLY RESTRICT LITIGANTS' ACCESS TO VITAL INFORMATION NECESSARY TO ARGUE THEIR CASES!  SEE BELOW THE SUGGESTED ADDITION:

"(d) The file compiled by the Family Services Unit in the course of preparing any mediation report or conflict resolution conference report shall not be available for inspection or copying unless otherwise ordered by the judicial authority. The file compiled by the Family Services Unit in the course of preparing an evaluation or study conducted pursuant to Section 25-61 that has been completed and filed with the clerk in accordance with subsection (b) shall be available for inspection only to counsel of record, guardians ad litem, and the parties to the action to the extent permitted by any applicable authorization for release of information; and further provided that copies of documents, notes, information or other material in the file shall only be provided to such individuals if they make the request in writing and certify that it is requested for legitimate purposes of trial preparation and/or trial proceedings in the case in which the evaluation or study was filed. For purposes of this section, the word ‘‘file’’ shall include any documents, notes, information or other material retained by the Family Services Unit in any format.

(e) Any information or copies of the file disclosed pursuant to this section shall not be further disclosed unless otherwise ordered by the judicial authority or as otherwise authorized in this section." 

THE CT JUDICIAL BRANCH'S COMMENTARY ON THIS SECTION'S INCLUSION:

COMMENTARY: The changes to this section clarify what information from Family Services files compiled in connection with the reports, evaluations and studies under this section are subject to inspection and copying and by whom, to whom those copies can be provided, and for what purpose can they be requested. The changes also provide that any information or copies disclosed may not be further disclosed except as otherwise ordered or authorized.* 

*In other words you can be subjected to endless, unnecessary obstruction to your access to vital evidence in your case.  While issues of confidentiality regarding certain documents is important, I think the wording of this revision is so careless it could end up restricting family court litigants from accessing important information they need for their own cases.  If the purpose of this revision is to safeguard confidentiality, it must be rewritten to ensure that it does not inadvertently end up cutting off the parties themselves from being able to review important documents in their cases.  As it looks now, the way this revision is worded, the latter could very easily happen.

UPCOMING PUBLIC HEARING ON PRACTICE BOOK REVISIONS! MAY 15, 2017!

NOTICE

Public Hearing on Practice Book Revisions Being Considered by the

Rules Committee of the Superior Court

On May 15, 2017, at 10:00 a.m., the Rules Committee of the Superior Court will conduct a public hearing in the Supreme Court in Hartford for the purpose of receiving comments concerning Practice Book revisions that are being considered by the Committee. The revisions proposed by the Rules Committee are posted on the Judicial Branch website at http://www.jud.ct.gov/pb.htm.

Pursuant to subsection (c) of section 51-14 of the Connecticut General Statutes, the Supreme Court has designated the Rules Committee to conduct this public hearing also for the purpose of receiving comments on any proposed new rule or any change in an existing rule that any member of the public deems desirable.

Comments may be forwarded to the Rules Committee by email at Joseph.DelCiampo@jud.ct.gov or may be forwarded to the Rules Committee at the following address and should be received by May 11, 2017:

Rules Committee of the Superior Court 
Attn: Joseph J. Del Ciampo, Counsel 
P.O. Box 150474
Hartford, CT 06115-0474

Each speaker at the public hearing will be limited to five minutes. Anyone who believes that they cannot cover their remarks within that time period may submit written comments to the Rules Committee. If written comments are submitted, ten copies should be provided. 

DIRECT LINK:
http://jud.ct.gov/Publications/PracticeBook/pblj_7843.pdf

ADOPTION OF REVISIONS TO THE CONNECTICUT PRACTICE BOOK - RULES OF APPELLATE PROCEDURE!

"NOTICE

Notice is hereby given that the following amendments to the Rules of Appellate Procedure were adopted to take effect September 30, 2016, except that the amend- ments to Sections 60-4, 60-7, 60-8, 62-6, 62-10, 63-3, 67-2, and 79a-12 were adopted to take effect August 1, 2016. The amendments were approved by the Appellate Court on June 2, 2016, and by the Supreme Court on June 15, 2016. With respect to Sections 60-4, 60-7, 60-8, 62-6, 62-10, 63-3, 67-2, and 79a-12, the courts have waived the provision of Section 86-1 requiring publication of rules sixty days prior to their effective date.

Attest:
Paul Hartan
Chief Clerk Appellate"

SEE LINK BELOW: 

http://www.jud.ct.gov/Publications/PracticeBook/Appellate_Rules_061816.pdf

ADOPTION OF REVISIONS TO THE CT PRACTICE BOOK - SUPERIOR COURT RULES AND FORMS!

"On June 24, 2016, the judges of the Superior Court adopted revisions to the Practice Book. The revisions will be officially released on July 12, 2016, by being published in the Connecticut Law Journal and will become effective on January 1, 2017, except that the amendments to Section 7-17 become effective on July 12, 2016. Contained herein is an advance release of those revisions. Revisions are indicated by brackets for deletions and underlines for added language. The designation ‘‘NEW’’ is printed with the title of each new rule and form.

All revisions contained in this advance release are subject to correction prior to being published in the Connecticut Law Journal. In the event of any discrepancies between the revisions in this advance release and those published in the Connecticut Law Journal, the latest print version is to be considered authoritative.

The Commentaries to the rules and forms are copyrighted by the Secretary of the State of Connecticut, and may not be reproduced and distributed without the express written permission of the Judicial Branch.

Attest:
Joseph J. Del Ciampo
Deputy Director, Legal Services"

SEE LINK BELOW:

http://www.jud.ct.gov/Publications/PracticeBook/pblj_7802_071216.pdf

PRACTICE BOOK REVISIONS BEING CONSIDERED BY THE RULES COMMITTEE OF THE SUPERIOR COURT!

NOTICE

Public Hearing on Practice Book Revisions Being Considered by the

Rules Committee of the Superior Court

On May 16, 2016, at 10:00 a.m., the Rules Committee of the Superior Court will conduct a public hearing in the Supreme Court in Hartford for the purpose of receiving comments concerning Practice Book revisions that are being considered by the Committee. The revisions proposed by the Rules Committee have been posted on the Judicial Branch website at:  

http://www.jud.ct.gov/pb.htm.

Pursuant to subsection (c) of section 51-14 of the Connecticut Gen- eral Statutes, the Supreme Court has designated the Rules Committee to conduct this public hearing also for the purpose of receiving com- ments on any proposed new rule or any change in an existing rule that any member of the public deems desirable.

Comments may be forwarded to the Rules Committee by email at Joseph.DelCiampo@jud.ct.gov or may be forwarded to the Rules Committee at the following address and should be received by May 12, 2016:

Rules Committee of the Superior Court Attn: Joseph J. Del Ciampo, Counsel P.O. Box 150474

Hartford, CT 06115-0474

Each speaker at the public hearing will be limited to five minutes. Anyone who believes that they cannot cover their remarks within that time period may submit written comments to the Rules Committee. If written comments are submitted, ten copies should be provided.

Wheelchair access is located in the rear of the building, accessible from the staff parking lot between Lafayette and Oak Streets. There are a limited number of handicap parking spots in the gated staff lot, which is accessible from Oak Street. Use the intercom at the gate to speak to security about the availability of parking. Once at the accessible door, use the intercom to request entry from security. If you would like to attend the meeting and need an accommodation under the Americans with Disabilities Act, please email the Rules Committee at:

Joseph.DelCiampo@jud.ct.gov before May 12, 2016.

Please note:  Of particular interest to those involved in family court matters is new Section 25-61A which proposes a Standing Committee on Guardians Ad Litem and Attorneys for the Minor child in Family Matters.

PROPOSED RULES ARE AT LINK BELOW:

http://www.jud.ct.gov/Publications/PracticeBook/pblj_7742_041916.pdf

GET THE CONNECTICUT PRACTICE BOOK ON YOUR MOBILE PHONE!

THIS INFORMATION JUST IN FROM THE CT JUDICIAL BRANCH:

If you have a mobile phone, from now on you can access the CT Practice Book on that phone.  Take a look at the CT Judicial Branch's discussion below:
Mobile-Friendly (single column) Practice Book - PDF This version of the Practice Book is formatted for easier viewing on tablet computers and mobile smartphones. It has been tested using Apple iPhone/iPads (iOS 7), Android ICS and Microsoft Windows Phone 7 operating systems with the Adobe Reader® by Adobe Systems which enables text searching within the PDF.

If you have an Android or Apple device you may need to visit the Apple iTunes App Store or Android Google Play Store on your mobile device to install the Adobe Reader. Microsoft Phone 7 comes with PDF Reader® by Microsoft preinstalled.

Special note for Apple iOS users: After downloading the Practice Book you can tap on the screen once and select "Open in..." to invoke the Adobe Reader.

For more information, see the link below:

https://www.jud.ct.gov/PB.htm#MobilePB

PRACTICE BOOK CHANGES FOR 2013 CURRENTLY UNDER CONSIDERATION BY THE RULES COMMITTEE! TAKE NOTE!

Take a look at the new Connecticut Practice Book Rules which the Rules Committee is considering for this year!  Let me know what you think!

http://www.jud.ct.gov/Publications/PracticeBook/pblj_043013.PDF

SUGGESTED CHANGES TO CT PRACTICE BOOK RULES AS OF MAY 8, 2012

http://www.jud.ct.gov/Publications/PracticeBook/pblj_050812.pdf

THE 2011 CONNECTICUT PRACTICE BOOK: PART I

I was on the phone with a clerk recently challenging him on a file he had put together for my case.  During the course of our discussion, I asked the clerk "How did you make your decisions about the content of this file?"  His answer was, "I looked at the section in The Practice Book that provides the guidelines for what I am supposed to do." 

This, guys, is the very center core of everything that goes on in a court room.  No matter what you do or say, it all comes down to are you doing what the practice book tells you to do. 

When I was preparing to take my case over as a self represented party, one of the first things I did was spend several days sitting in family court and observing what was going on.  Now, I basically think all lawyers are no good and I wouldn't trust any one of them.  But I do, now, have respect for one Connecticut attorney, Attorney Steve Dembo.  Why?  Because every time I saw him in court he had a copy of the Connecticut Practice Book right in front of him and whenever there was a dispute, he would just open it up and read from it.  That approach always seemed to work like a charm and end the dispute in his favor. 

OK, so I guess that doesn't seem like rocket science to you and you figure anyone could do that.  But don't be so sure.  Remember all the dumb things your lawyers have done since you started your case.  Unbelievable!  Following rules that are clearly printed out in a book is really hard for these people! 

If the law seems mystifying to you, if you think your lawyer is all song and dance and no action, just take out the Practice Book, because the Practice Book tells you exactly what your lawyer is supposed to be doing.  And if he isn't doing it, you can open the appropriate page during your next meeting and ask, have you done the following procedure as prescribed by the Practice Book?  It is really hard for an attorney to wiggle out of what The Practice Book says to do. 

How can you get your hands on a Practice Book you ask and how much does it cost?  I'll tell you.  All you have to do is google "Connecticut Practice Book 2011" and you will be able to locate a PDF version of the book and download it off the internet for free.  The only downside to this is that the book is over 500 pages long so you have to sit in front of your computer for quite a long time until the whole thing prints and then you have to find a way to store it so you can flip through the pages easily and read it. 

I have my Practice Book stored  in two large three ringed notebooks, so that involved having to print the book out on three hole punched paper to save time.  You can figure out your own system. 

Once you have your own copy of this book you essentially have in your hands the rules of court for the State of Connecticut which dictate exactly how a lawsuit is conducted; it tells you what documents to file, when you need to file them, and what you have to have in them in order to get the results you need. 

If you don't follow these rules, you may end up being unable to proceed effectively with your case in court and thus may lose your case not on the basis of the facts and the evidence, but simply on the basis that you didn't follow the rules in the Practice Book. 

Sometimes these rules may seem trivial, particularly when they go into the details of margins and page numbering, but keep in mind the clerks who receive all the documents you take to court will strictly enforce those rules.  You don't want to go all the way to court and have a document rejected simply because your pagination was wrong. 

What this means is that to succeed as a self represented party or to work with your lawyer so he or she succeeds, you have to be attentive to detail, no matter how small.  Whenever something has to be submitted to the Court, open up your Practice Book and review it and ask yourself have I done everything with this document that the Practice Book requires.  If you haven't, do it over again. 

From what I have seen, cases either succeed or do not succeed based on these kinds of details.  And you want to succeed.