Chest. Cnty. Ct. Comm. Plea. R. 1920.43.A

As amended through February 1, 2024

Rule 1920.43.A - Special Relief

(a) All petitions for special relief shall be in the form prescribed by C.C.R.C.P. 206.2 and 1930.1.A.(c).

(b) A rule to show cause assigned a return date not sooner than twenty (20) days after the date of filing shall be issued per curiam when presented to the deputy court administrator, family court.

(c) Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which stays proceedings or which by its terms grants substantive relief, shall present the petition, proposed order and rule to the signing judge of the Family Court. The court will not enter a stay or grant more immediate relief ex parte unless:

(1) Notice - It appears from the petition or motion that reasonable notice, under the circumstances, of the date, time and place of the presentation of the petition has been given to all counsel and unrepresented parties;

(2) Stipulation - It appears from the petition or motion that there is an agreement by all counsel and unrepresented parties; or

(3) Exigency - The court in its discretion shall determine that there are extraordinary circumstances justifying a stay or more immediate relief.

(d) Immediately after filing documents with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties complete copies of such documents. Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3

Chest. Cnty. Ct. Comm. Plea. R. 1920.43.A

Amended effective 6/13/2022.