Anatomy of a Family Law Court Case
The purpose of this summary is to provide an overview of the main stages, or anatomy of the typical Family Court case. This summary is not intended to be all inclusive or to deal with every situation that may arise in matrimonial disputes, nor is it intended to provide legal advice specific to your case. You should discuss with your attorney how the particulars of this summary apply to your case.
1. INITIAL INFORMATION GATHERING AND DECISION MAKING Read More / Hide
2. FILING OR DEFENDING SUIT IN THE FAMILY COURT Read More / Hide
3. ENGAGEMENT OF EXPERTS Read More / Hide
4. EX-PARTE TEMPORARY ORDERS Read More / Hide
5. FORMAL DISCOVERY Read More / Hide
- (a) Depositions on Oral Examination: Depositions on oral examination are typically taken at one of the attorneys offices in the presence of a Court Reporter and while the deponent is under oath. You and your spouse have the right to be present (most attorneys prefer you to be present). The attorneys will ask questions at the deposition and the witness will give answers under oath. Depositions may be taken of you, your spouse and any of the witnesses involved in the case. Depositions are typically rather expensive as both parties are represented by attorneys, and the Court Reporter will take down and thereafter transcribe all of what is said. Court Reporters generally charge by the page, plus an appearance fee. It is not unusual for a deposition transcript to run several hundred pages, at a cost of between $200.00 and $1,000.00.
- (b) Interrogatories: The Kansas Rules of Civil Procedure allow for written Interrogatories or questions to be asked. Interrogatories generally ask questions calculated to determine who the key witnesses will be, who will be the experts, what the witnesses and experts will say, what documents will be used in the trial, and other specific questions directed to the key issues involved in your case. Those questions must be answered under oath within thirty days from the date the Interrogatories are served.
- (c) Production Requests: Production Requests allow your attorney to require the production of documents and other tangible things that are pertinent to your case. This would typically involve tax returns, appraisals, detective reports and photographs, financial statements, bank records, medical records, and the like. Production Requests must be responded to within thirty days from the date the Production Requests are served.
- (d) Requests to Admit: The Kansas Rules of Civil Procedure also allow your attorney to present statements of fact and law to your opponent and request that they either admit or deny those statements. If admitted, that eliminates the need for further proof on that issue. Requests to Admit must be responded to within thirty days from the date the Requests to Admit are served.
6. LENGTH OF CASE Read More / Hide
7. SETTLEMENT EFFORTS Read More / Hide
8. MOTIONS AND CONTEMPT HEARINGS Read More / Hide
9. SUBSTANTIVE LAW Read More / Hide
10. STATUS, PRETRIAL AND FINAL HEARINGS Read More / Hide
11. POST-TRIAL MOTIONS Read More / Hide
12. APPEALS Read More / Hide
13. CLEAN UP AND IMPLEMENTATION Read More / Hide
14. ENFORCEMENT Read More / Hide
15. MODIFICATION Read More / Hide
16. FEES AND COSTS Read More / Hide