Link to Local Practice Directions
This link will take you to the Middlesex Law Association website, which lists all local practice directions including those relating to family law:
Compliance with Filing Requirements
On January 23, 2023, the Bench asked that the MFLA share the following decision with its members. Although the case concerns the Civil Rules, the principles are transferable to family law matters.
Regional Senior Justice Edwards adjourned a motion because counsel failed to comply with the requirements in the Notice to the Profession, Parties, Public, and Media regarding filing a factum with hyperlinked caselaw instead of a book of authorities, and filing a hyperlinked compendium. At the conclusion of his reasons he stated:
In the result, I adjourned today’s motion to allow counsel to comply with the Notice. Very simply put, the Bar needs to reflect on why they are filing materials that are hundreds, if not thousands of pages long. This applies to Motion Records, Caselaw and Pre Trial memos. In the world we now live in, the Bar needs to appreciate that apart from the requirements imposed by the Notice and the Rules of Civil Procedure judges are human beings. We simply do not have the time to read the volume of material we are often confronted with. The Bar would be well advised to read the Notice and The Rules to ensure they have complied with the minimum filing requirements for the hearing of a motion or a pre trial.
On December 6, 2022, the MFLA received the following comments from the Bench:
When requesting final orders with respect to parenting, please ensure that you submit an updated 35.1 with your basket motion. Please also submit a 35.1A. Do not rely on checking the box that indicates whether the parties have had involvement with a child protection agency. If there has been no agency involvement, indicate that on the 35.1A.
The forms 35.1 and 35.1A must be recent and should be submitted as a package with the other documents that you are relying on for your final order.
Varying Final Orders
If your Order varies a previous Order, submit the existing Order as part of your package for the Judge to review.
When submitting draft Orders, please ensure that the correct legislation is included. If there is legislation that is not applicable to your matter, please delete those paragraphs rather than striking them out.