A package of helpful information for attorneys and others using the Circuit Court of Jefferson County, Alabama, Domestic Relations Division. N 0 T E All of the information contained herein is subject to change and mav be suspended or altered bv the Judges. Rev. July 9, 1999 TABLE OF CONTENTS Court Personnel 1 General Court Information 2 Standard Domestic Procedures 3 Standard Procedure for Assigning and Setting Domestic Relations Cases 4 Divorce Pleadings 5 Helpful Hints 6 Filing Fees 9 Number of Copies Required 10 Written Testimony 11 Oral Testimony 12 Income Withholding Order Directions 13 Scheduling Order 14 Pendente Lite Procedures 16 Daily and Special Master Procedures 18 Certification to Serve as Daily or Special Master 20 Domestic Relations Worksheet 21 COURT PERSONNEL JUDGE J. GARY PATE is Presiding Circuit Judge, Domestic Relations Division. His mailing address is A320 Jefferson County Courthouse, Birmingham, Alabama 35263, Telephone 325-5022. His staff consists of Gene Lawson, Bailiff/Law Clerk; Patsy Dunivant, Judicial Assistant; Ves Marable, Judicial Assistant; and Gerald Vick, Part-time Law Clerk. JUDGE JOHN C. CALHOUN is Circuit Judge, Domestic Relations Division. His mailing address is A330 Jefferson County Courthouse, Birmingham, Alabama 35263, Telephone 325-5406. His staff consists of Anna Estes, Law Clerk; Melissa Bottoms, Judicial Assistant; and Tim Kelley, Part-time Law Clerk. JUDGE R. A. (Sonny) FERGUSON, JR., is Circuit Judge, Domestic Relations Division. His mailing address is A340 Jefferson County Courthouse, Birmingham, Alabama 35263, Telephone 325-5562. His staff consists of Page Morden, Judicial Assistant; Denise Davis, Bailiff/Law Clerk; and Richard Boyles, Part-time Law Clerk. ELLIS P. GOLDEN, JR., is the Standing Master/Referee for the Domestic Relations Division and is a specially appointed Judge to hear cases involving DHR. His Judicial Assistant is Carolyn Jackson. His mailing address is A350 Jefferson County Courthouse, Birmingham, Alabama 35263, Telephone 325-5749. When assigned DHR cases, his hearings are held at Ill East Courthouse Annex (Old Church Building), Telephone 325-8752. POLLY CONRADI is the Circuit Clerk for the Tenth Judicial Circuit. SUSAN LEE is the Supervisor of the Clerk's Office, Domestic Relations Devision, and her mailing address is A360 Jefferson County Courthouse, Birmingham, Alabama 35263, Telephone 325-5400. GENERAL COURT INFORMATION All original divorce actions must be filed with the Clerk, not the Judges. A Vital Statistics Form (Alabama Certificate of Divorce) MUST be filed with each divorce action (22-9A-18) with social security numbers for both parties. The Vital Statistics Form MUST be an original and can be picked up in the Clerk's Office. Additionally, a Child Support Information Sheet (CS-47) must be filed, by both parties in every case, including Modification and Rule Nisi Petitions - even those in which the parties have no minor children All Petitions for Rule Nisi (contempt) and Petitions to Modify must be first presented to the Judge's Staff for hearing dates. Requests for Temporary Restraining Orders in Domestic Cases must be presented to the Judge assigned by the computer except in extreme circumstances. All requests for Pendente Lite hearings must be presented to the assigned Judge. Do not file stock 12(b)(6) motions or similar motions. These motions waste time, money and court resources. Under Rule 11 ARCP, they are improper. Attorneys are urged to file an Answer as quickly as possible. Unless otherwise directed, all motions shall be filed with the COURT and NOT WITH THE CLERK. Those motions which can be handled without hearing (most Motions to Compel, Consent Motions signed by both attorneys, etc.) will be handled without further notice. Attached hereto are documents and procedures to help you to understand our docket management practices. Attorneys and pro se litigants are encouraged to call our offices for further explanation or clarification if needed. At the same time, attorneys and litigants are cautioned not to violate the rules against ex parte communications with the Judge about the merits of the case and not to expect the Judge or his staff to give legal advice. Attorneys are reminded of the "Attorney Calendar Conflict Resolution Order" of the Alabama Supreme Court. We routinely release attorneys from this Circuit for out-of-county court appearances and will expect out-of -county Judges to do the same for us or to contact us as to why they need you worse than we do. The information contained in this "Court Information Package" is just that - "information." It is NOT a collection of "local rules" but is merely descriptive of the docket administration procedures used in the Domestic Relations Division. (See the last sentence of the Committee Comments to Rule 83 ARCP.) The Court requests comments, criticism, and suggestions on how our practices can be made more efficient for the administration of justice. Standard Domestic Procedures TEMPORARY RESTRAINING ORDERS Must be presented to the Judge assigned by computer except under extreme circumstances. Rule 65 ARCP, as to notice to opposing counsel, must be strictly complied with. No ex parte change of custody orders will be entered unless accompanied by a detailed factual affidavit showing immediate danger to the child's health and welfare; OR that the child is about to be removed from the state; OR, that the party now having custody interrupted defacto custody by fraud, force, or violent misconduct. IT TAKES EXTREME CIRCUMSTANCES! Affidavits which contain conclusions rather than facts will not suffice - use a narrative form which tells exactly what was said, done or experience. The Court frowns upon the use of TRO merely to put the other party at a disadvantage. A TRO is, by definition, an extreme emergency procedure and should not be requested unless there is a clear need. Please note the requirements of Rule 65 when seeking ex varte relief: The party's affidavit must state specific facts averring immediate and irreparable injury, loss or damage! PENDENTE LITE HEARINGS: Request for pendente lite hearing must be presented to the assigned Judge only. (See attached Pendente Lite Procedures.) RULE 32 ARJA: This Court fully implements Rule 32. At any hearing on the merits, each party is expected to file a CS-41 on the current form before the hearing begins. All Rule 32 forms must be filed with uncontested divorces and appropriate language included in the suggested judgment, including reference to an Income Withholding Order. Medical expenses must be provided for. QUALIFIED MEDICAL CHILD SUPPORT ORDER AND QDRO: If one is needed, it is the responsibility of the party requesting same to provide the Court with all necessary information and to submit a suggested order at the hearing. VISITATION AND CUSTODY: This Court has promulgated a "Standard Custody and Visitation Order." Within certain perimeters, settled cases may include individualized visitation schedules. Where there is no agreement, the Court will usually use its standard Order with modifications the Court deems appropriate. STANDARD PROCEDURE FOR ASSIGNING-AND SETTING DOMESTIC RELATIONS CASES At the filing of a domestic relations action, the case is assigned, by the state computer, to an individual Judge. Once designated, the case is always assigned to that Judge. Prior assignments to previous judges are also maintained. That is, cases are designated: CJN = JGP; JGB = JCC; & WCZ = RAF. Original divorce cases are set for settlement/status conference by Scheduling Order (see page 14) after filing of a Complaint, Answer and REQUEST for setting. Cases allowed to pend for six months with no setting are subject to dismissal. All other matters are set by "Order Setting Hearing" at time of filing. Parties and attorneys are expected to be present and ready to proceed to trial at the designated time. The Court should be immediately notified of any settlement or any problem which would prevent a trial. DIVORCE PLEADINGS COMPLAINT 1 Residence of the parties. If the Defendant is a non-resident, the Plaintiff must have been a resident of the State of Alabama for more than six months next preceding the filing of the Complaint." (USE THIS WORDING - See Title 30-2-5, Code of Alabama, 1975.) 2. Age of both parties. The statement "over the age of eighteen (18) years" is sufficient. If the Defendant is under the age of eighteen years, he/she will have to be served pursuant to Rule 4(c)(2) ARCP and a Guardian Ad Litem appointed to represent him/her. 3. Date and place of marriage. 4. Date of separation. 5. Children/Pregnancy. State in the Complaint if there are no children of if the Wife is pregnant. 6. Grounds for a divorce. 7. Prayer for a divorce and relief sought. 8. Maiden or former name. If the Wife wants to resume the use of her maiden or former name, this MUST be stated in the pleadings. ANSWER AND WAIVER 1. Defendant's signature must be witnessed if signed in-state and should be notarized if signed out-of-state. 2. If dated, the Answer and Waiver CANNOT be dated prior to the filing of the Complaint. ACKNOWLEDGMENT OF REPRESENTATION 1. The parties signature should be witnessed. TESTIMONY 1. Testimony CANNOT be dated prior to the filing of Complaint and the Answer and Waiver. HELPFUL HINTS 1. Type "Done and Ordered" and date on everything prepared for Judge's signature. (Example: DONE AND ORDERED this the day of 1 1999.) 2. Do NOT put "Done and Ordered" and signature line for Judge on a page alone with no text. All pages must contain the style and case number. 3. All final Orders MUST contain a taxation of cost. 4. To obtain a Temporary Restraining Order, all the requirements of Rule 65, ARCP, must be met. 5. When submitting a Temporary Restraining Order, include a place for the Judge to show the time of signing as well as the date. 6. When preparing the verification on a Petition for Rule Nisi, it should read "true and correct." Do NOT add "to the best of his/her knowledge, information and belief. 7. The signature on an Answer and Waiver must be witnessed if signed in state and should be notarized if signed out-ofstate. 8. Type the attorney's name, address, and telephone number on all papers filed. 9. Include complete and correct case numbers on all pleadings. (Example: DR 99-1222-JGP or DR 88-501-507-J p@) 10. Along with the Order for Witnesses, prepare subpoenas for all witnesses. Include the attorney's name and telephone number and whether he/she represents the Plaintiff or the Defendant. 11. Application, Affidavit, and Entry of Default forms (Form C-25) are available in the Clerk's Office. After entry of Default by the Clerk, you should immediately contact the Judge's office for a hearing date. 12. When using a pre-printed "Final Judgment of Divorce" form, type the words "LAST ITEM" after the final item in the judgment. 13. Set all Motions for hearing before filing. Prepare a "Notice of Hearing" on the Motion rather than an "Order" for the Judge to sign. Put a Certificate of Service on each Motion. Motions (Notice) to Withdraw and Motions to Compel will not be set for hearing and will be ruled upon (GRANTED) without setting. 14. Motions are heard by the Judge to whom the case has been assigned. 15. No hearing dates on a domestic case can be obtained over the phone from a Judge's office. Hearing dates will be set when the Motion, Petition, etc., is presented to the Court. 16. Virtually all domestic relations hearings are set at 9:00 a.m. 17. Do not call the Standing Master for a reference hearing until the Judge has granted the Motion f or Reference. The Motion itself is heard by the Judge and are "referred" to the Standing Master on a case-by-case basis. 18. In order to continue a reference that has been set for hearing, you must contact the Standing Master. 19. If you wish to present the expenses of a party during a reference for pendente lite support, please have a written list of said expenses prepared to introduce into evidence. This will facilitate the hearing. 20. Make all checks payable to "Polly Conradi, Circuit Clerk". 21. The Clerk cannot accept your client's personal check unless it has been certified by their bank. 22. After pleadings have been stamped "FILED", original documents should NEVER be taken back to your office. 23. If a case is set for trial and the parties reach an agreement, please notify the Judge's Office so they can take the case off their docket. 24. If you must mail something to the Clerk's Office, be sure you send it to: POLLY CONRADI, CIRCUIT CLERK Room A360 Jefferson County Courthouse Birmingham, Alabama, 35263 25. DO NOT have your client call the Court or the Clerk's Office for information. (The Judge cannot talk to the parties involved in cases before him and the Clerk's Office does not give information over the phone.) 26. Income Withholding Orders MUST give the COMPLETE name, address, and zip code of the Employer, along with the Obligor's name and social security number. Also, the Circuit Clerk must be notified, in writing, of any changes of address for the Obligee. 27. The Clerk's Office will not give information concerning amounts and dates of payment over the phone to the parties. The checks are held for ten (10) days prior to being mailed and they CANNOT be picked up in person. 28. When filing a Motion and Order to Condemn Fund, please use the forms available in the Judges' Offices. 29. When Petitions for Rule Nisi an/or Modification are returned "NOT FOLTND" and you want an "ALIAS", you must be in Court the morning the case is set or contact the Court, anytime between receiving notification of the "NOT FOLTND" return and 9:00 a.m. on the date of the hearing. Do NOT wait until after the call of the calendar on the date of the hearing to call the Court. 30. Motions to Appoint Special Process Servers should state that the person is "not less than eighteen years of age, who is not a party". It MUST state (a) what papers the process server is going to serve; and, (b) that the process server is to make lawful return to the Clerk of Court. After signature by the Judge, the Process Server should pick up said paperwork from the Clerk's Office. 31. Make sure Special Process Servers make a "return" on all papers before the date of hearing. They should return the papers whether they are served or whether they are "NOT FOUND." 32. When law clerks are picking-up papers for you, be sure they know what they are looking for, i.e., case number, style, type of papers. 33. When an uncontested divorce is rejected by the Judge, notice will be given to the attorney/party by the Clerk mailing a copy of the Domestic Relations Worksheet (see page 21) The attorney/party shall then re-submit the proper paperwork along with any corrected documents for submission and entry of final judgment. FILLING FEES 1. COMPLAINT $146.00 a. Each defendant over one to be served by personal service $ 10.00 b. Each defendant to be served by certified mail $ 6.00 2. RULE NISI $146.00 a. Certified Mail Service $ 6.00 3. PETITION TO MODIFY $146.00 a. Certified Mail Service $ 6.00 4. PETITION FOR WRIT OF HABEAS CORPUS $146.00 5. SUBPOENA $ 8.00 6. SUBPOENA DUCES TECUM $ 8.00 7. ATTACHMENT N/C 8. GARNISHMENT $ 17.00 a. Certified Mail Service $ 6.00 9. INCOME WITHHOLDING ORDER a. Request for IWO (previously entered/served) $ 10.00 OR Certified Mail Service $ 6.00 b. Affidavit for IWO (previously entered/not served)$ 15.00 And Certified Mail Service $ 6.00 c. Affidavit to Terminate IWO $ 15.00 P.O. Box or Out-of State Employer(additional) $ 6.00 10. EXECUTION $ 9.00 11. ALIAS ON COMPLAINT, RULE NISI, MODIFICATION, WRIT OR NOTICE OF GARNISHMENT a. When served by personal service N/C b. When served by certified mail $ 6.00 12. ADDITIONAL SERVICE (Temporary Restraining Order, Amendment to the Complaint, etc., after the Complaint has been served) a. When served by personal service $ 10.00 b. When served by certified mail $ 6.00 ALL CHECKS FOR FILING FEES LISTED ABOVE SHOULD BE MADE PAYABLE TO CIRCUIT CLERK, POLLY CONRADI. NO CLIENTS' PERSONAL CHECKS CAN BE ACCEPTED UNLESS THEY HAVE BEEN CERTIFIED. 13. PUBLICATION $ 55.00 CHECK SHOULD BE MADE PAYABLE TO ALABAMA MESSENGER NUMBER OF COPIES REQUIRED 1. Complaint Original + One 2. Answer and Waiver Original 3. Acknowledgement of Representation Original 4. Agreement Original + Two 5. Testimony Original 6. Divorce Decree Original + Two 7. Vital Statistics Form Original + One 8. CS Forms (41,42,43,47) Original CASES TO BE SERVED 1. Complaint Original + One for the Court, then One for each person to be served. 2. Summons Not required Prepared by Clerk. 3. Miscellaneous Papers Original + One for for each person to be served. MISCELLANEOUS 1. Pleadings Original 2 Pleadings which need to be served Original + One for such as a Rule Nisi, Petition to each person to be Modify, etc. served. 3. Subpoena Original + One for (must be accompanied by an Order with each witness all witnesses listed) 4. Subpoena Duces Tecum Original + two (Third copy to be signed by the Attorney) WRITTEN TESTIMONY 1: RESIDENCE OF THE PARTIES The Plaintiff must have been a resident of the State of Alabama for "more than six months next preceding the filing of the Complaint" if the Defendant is a non-resident. (USE THIS WORDING - See Title 30-2-5, Code of Alabama, 1975.) 2. AGE OF BOTH PARTIES 3. DATE AND PLACE OF MARRIAGE 4. DATE OF SEPARATION 5. CHILDREN - PREGNANCY 6. GROUNDS FOR DIVORCE You should prove your grounds, not simply state a conclusion. (Clark v. Clark, 384 So.2d 1120) 7. DATE OF TESTIMONY Testimony CANNOT be dated prior to the filing of Complaint and the Answer and Waiver. 8. NOTARY Testimony must be notarized by someone other than the attorney for the Plaintiff. (See Rule 28(c) ARCP) REQUIREMENTS AND PROOF FOR ORAL TESTIMONY 1. NAME OF WITNESS 2. FACT OF MARRIAGE 3. NAME OF SPOUSE 4. DATE OF SEPARATION S. AGE OF PLAINTIFF 6. AGE OF DEFENDANT 7. RESIDENCE OF PLAINTIFF 8. RESIDENCE OF DEFENDANT 9. NATURE OF DIFFICULTIES 10. FACT OF AGREEMENT 11. KNOWLEDGE OF CONTENTS 12. ACKNOWLEDGENENT OF SIGNATURE INCOME WITHHOLDING ORDER DIRECTIONS 1. SELF-EMPLOYED. DO NOT ENTER (FILE). DO NOT SERVE. Agreement should read: "No Income Withholding order shall be entered due to the Plaintiff's/Defendant's self-employment." 2. UNEMPLOYED. DO NOT ENTER (FILE). DO NOT SERVE. Agreement should read: "No Income Withholding Order shall be entered due to the Plaintiff's/Defendant's unemployment." 3. NO CHILD SUPPORT. DO NOT ENTER (FILE). DO NOT SERVE. Agreement should read: "No Income Withholding Order shall be entered as no child support is being paid at the present time." NOTE: Be sure CS-42, CS-43, and/or Agreement states reason for non-payment of support. This is mandatory. 4. Otherwise, with support established, every Agreement must refer to the Income Withholding Order. And, unless good cause shown, the IWO must be entered and served. 5. If there is good reason for no service, your Agreement must explain why, giving an alternative method for payment. ) CIRCUIT COURT ) PLAINTIFF, ) ) VS. ) TENTH TUDICIAL CIRCUIT OF ALABAMA ) ) DEFENDANT. ) CIVM ACTION NO. DR SCHEDULING ORDER DIVORCE A Complaint and Answer having been filed in this matter, it is hereby ORDERED as follows: 1. No times or dates herein may be modified by agreement of the parties or their attorneys without the Court's prior written approval. 2. A settlement conference is scheduled for the day of______, at________. It is anticipated the Court will spend as much time as necessary to aid in settlement talks. Attorneys (with power to negotiate and settle a client's matter), together with the clients, shall be present at that time. Every effort will be made at the time of the settlement conference to resolve cases, or dispose of any issues which may be disposed of prior to trial. 3 . This case has been assigned a trial setting on the ____ day of _______, at 9: 00 a.m., before the undersigned Judge. 4. Within fifteen (15) days of entry of this Order, the parties shall exchangecompleted CS 41 forms together with all documents relied upon to complete said forms (such as current tax returns, W-2s, 099 forms, pay stubs). 5. Absent exceptional circumstances, with good cause shown, no counter or cross-claims, or amendments to the Complaint, dealing with the custody of the minor child(ren), shall be permitted unless filed within fifteen (15) days of entry of this Order. 6. All discovery shall be initiated in time for same to be completed within one hundred days of entry of this Order. 7. Not later than thirty (30) days following the last date of discovery: a) Each party shall exchange lists stating the names and addresses of all witnesses intended to be used in the trial of this matter. The listing of witnesses does not commit the party(ies) to have such witnesses available at trial, or to call such witnesses. However, the party(ies) shall not be required to furnish the names of rebuttal witnesses, the necessity for whose testimony could not reasonably have been anticipated before trial. PAGE 2. SCHEDULING ORDER, CWM ACTION NO. DR (b) Each party shall furnish and make available to the other, for inspection and copying, all documents, audiolvideo recordings, bills, reports, photographs, and any and all other exhibits intended for use at trial. Unless otherwise specifically agreed to between the parties, in writing, each shall be precluded from offering any exhibits not provided to the other party(ies), (other than for purely impeachment purposes), unless relieved by the Court for good cause shown. Upon such documents being furnished to the other counsel or party(ies) herein, each of the parties shall be deemed to have agreed that such documents and exhibits are authentic and genuine, and that all photographs included in said exhibits fairly and accurately portray the scene therein depicted, and that such photographs and copies thereof may be utilized at trial to the same extent as the originals, without accounting for such originals, unless objection is made within ten days after having received the same. (c) Unless otherwise specifically agreed to, in writing, by the parties, they shall be precluded from offering any witnesses or exhibits not identified or exchanged, etc., pursuant to the provisions herein unless relieved by the Court for good cause shown. (d) A list of all debts whether individual or joint. (e) An itemized list detailing each item of personal and/or real property claimed by that party. Written statements such as, "I want it all," are not sufficient. 8. In order that mediation may timely conclude, all mediation requests, whether by agreement or motion, shall be made not less than sixty (60) days before trial in this cause. 9. The settlement conference may be re-set to an earlier time provided the attorneys jointly certify, in writing, that: (1) discovery is complete and (2) case is ready for trial. DONE and ORDERED_____________________________________________ _____________________________________________ CIRCUIT JUDGE Copies of this Order mailed to pursuant to Rule 77(d) of the Alabama Rules of Civil Procedure this date. Dated: ________________________________________ PENDENTE LITE PROCEDURES 1. In all divorce cases: Pendente Lite Motions may or may not be filed concurrently with the Complaint for Divorce. 2. In either event: a) No pendent lite motion will be set for hearing until after service has been obtained. b) Once service has been obtained it is incumbent on the moving party to attempt to resolve all pendente lite issues by direct contact/negotiations with opposing party or counsel. c) If negotiations are successful and/or pendente lite issues are resolved an Order is to be submitted for the Court's signature. The Order must have signature of parties or counsel approving Order as to form and substance. d) If negotiations are not successful: Moving party must file a request for setting of pendente lite motion setting forth: i) Statement that pendente lite relief is necessary or a statement that good cause exists for not attempting direct negotiations with the opposing party or counsel and the facts supporting said good cause. ii) Efforts were made to resolve all issues and were not successful. 3. Upon filing of request for setting p/l/r motions with Court's office/staff, the staff will assign a date for court appearance. 4. On date case set for hearing Court will use its discretion to utilize one of the following options subject to needs and nature of case. a) Court may hear the case itself. b) Court may direct immediate hearing before "daily master". c) Case may direct assignment to specially appointed master - court may require up front payment as condition - party failing to pay wil not be permitted to present evidence by direct or cross. d) Case may be assigned to standing master. e) Court may require parties to submit to mediation - Court may require up front payment as aa condition - may require mediation as a condition. f) If any of a) -e) are determined to be inappropriate the Court may create a different Option. 5. At court appearance parties must: a) have documentation related to all issues to be resolved. If documentation is not brought to court party not bringing may be precluded from presenting evidence. b) Be prepared to execute waver or consent to referral to master under Rule 53(b). c) Understand that court reporter and record is responsibility of parties. No tape recordings will be permitted. COMMENTS Success of system is totally dependent upon: 1) All acting in good failt 2) Daily master/special masters fulfilling their scheduled assignments. 3) All attorneys filing P/L/R motions only when really needed. 4) All attorneys bringing proper documentation necessary to prosecute or defend their position 5) All attorneys sincerely attempting to resolve P/L/R sisues. 6) Continuance will not be freely given. Concept is: your case will be held on the first day it is set. Routinely, this will be on Tuesdays and Wednesdays. PROCEDURAL STEPS FOR DAILY AND SPECIAL MASTER I. APPLICATION: Application to serve either as a Daily Master or a Special Master shall be made in the matter and/or the form(s) prescribed by the Presiding Domestic Judge (see attached). II. SELECTION OF DAILY AND SPECIAL MASTERS: A. The Presiding Domestic Judge shall select, on a rotating basis, from an agreed-to pool of applicants, Daily Masters to serve on a daily basis; the pool of applicants having been previously approved by the Domestic Judges. B. Special Masters shall be selected on an individual, rotating basis by the Domestic Judge having need of a Special Master. III. APPOINTMENT OF DAILY MASTERS: A. The Presiding Domestic Judge contacts selected Daily Masters to confirm availability of assignments. Assig=ents will be for a Tuesday or Wednesday of trial weeks. once the appointment and date have been confirmed, it shall be the duty of the appointed Daily Master to notify the Presiding Domestic Judge immediately in the event an emergency situation should arise causing the Daily Master to be unable to serve on the appointed date. Thereafter, the Presiding Domestic Judge will make a reasonable effort to secure a suitable replacement from the approved list of applicants. B. The Domestic Judge desiring to appoint a Special Master shall directly contact a Special Master from the agreed-to pool of applicants to confirm availability. Arrangements then shall be made on an individual basis relative to location, compensation, and coordination with involved parties and/or counsel. IV. SERVICE: A. Daily Masters will report to the Presiding Domestic Judge on the appointed date at 9:00 a.m. At that time, the Daily Master will be told the location where sessions will be conducted and receive any special instructions. Daily Masters are not to have any cases set the day of the appointment and are to be ready to serve until at least 4:30 p.m., on the appointed date if needed. B. Special Masters shall conduct their session/hearing within ten (10) days of acceptance of the assignment unless leave to exceed ten (10) days has been previously approved by the assigning Domestic Judge. V. R-EPORTS: A. Daily Masters shall file their typewritten report with the Clerk's Office (and a copy to the Judge's Office) within five(5) working days of the session/hearing and simultaneously mail to the parties or their counsel stamped copies of same. B. Special Masters shall file their typewritten report with the Clerk's Office (and a copy to the Judge's Office) within five(5) working days of the session/hearing and simultaneously mail to the parties or their counsel stamped copies of same. CERTIFICATION TO SERVE AS SPECIAL MASTER OR DIALY MASTER NAME: ________________________________ WORK PHONE: _______________ HOME PHONE: ________________________ WORK / MAILING ADDRESS: __________________________________ __________________________________ __________________________________ I CERTIFY THAT: (A) I have actively practiced domestic relations law in the State of Alabama for more than five(5) years. (B) ____% of my practice consists of handeling domestic relations matter. (C) In the preceding yrar, I have tried to completion______ non-jury matters (wheather domestic, family court, pendente lite, etc.) (D) I am familiar with Rule 53 of the Alabama Rules of Civil Procedure. By submitting this certification, I volunteer my services to sit as a SPECIAL MASTER OR A DAILY MASTER in the Tenth Judicial Circuit, Birmingham Division. I know that I may be appointed and asked to serve without compensation. If assigned to hear a case I will well and truly try all issues before me in conformance with the law and without bias or prejudice for or against any party or attorney. This the ____ day of __________, 19 ___. ______________________________ Signiture DOMESTIC RELATIONS WORKSHEET CASE:_______________________________________ DR ______________________ ATTY FOR PLTF _______________________ ATTY FOR DEFT ________________________ I. FAILED TO SUBMIT: 1. Final Judgment _____ 8. Acknowledgement of 2. Agreement/order _____ Representation _____ 3. Testimony _____ 9. Custody Affidavit _____ 4. Answer _____ 10. CS 41-P/D, 42, 43 _____ 5. Waiver _____ 11. Judges Notes _____ 6. Memo Agreement _____ 12. Q.D.R.O. _____ 7. Iwo _____ 13. original Pleadings_____ 14. Order _____ 15. CSR Info. Sheet _____ II. IMPROPER SUBMISSION: 1. CS incorrect/incomplete _____ 2. Testimony Notarized, Filed, Taken Before A _____ 3. Testimony incorrect/incomplete/altered _____ 4. IWO/non-employment, self-employment _____ 5. Agreement, not filed _____ 6. Final Judgment _____ III. FAILED TO PROVIDE/INCLUDE 1. Omits Case Numbers on _____ 2. Omits "Done and Ordered" _____ 3. Omits "Last Item" _____ 4. Omits Header on Signing Page _____ 5. FJD fails to indicate Serve/Don't Serve IWO _____ 6. "Done and Ordered" on blank page _____ 7. IWO language in the Agreement/Alternative _____ 8. Medical Insurance/Agreement, CS-41 _____ 9. Agreement not incorporated into FJD _____ 10. IWO not incorporated into FJD _____ IV. MISCELLANEOUS 1. Court costs taxed to wrong party _____ 2. Terms of Agreement/Notes Don't Match Terms of Order _____ 3. Pregnancy silent in Complaint/Testimony _____ 4. Maiden Name Incorporated - Not Prayed For/Agreed To _____ 5. Testimony violates 28(d) _____ 6. Requires service of "out of state" IWO _____ 7. IWO being entered but not served, no reason _____ 8. Answer violates 30-2-3, Code of Alabama _____ 9. Answer and waiver filed/sworn to before case at issue _____ 10. Violates 30-day waiting period _____ V. OTHER Checked by: _____ Rev. 10/98 Date: ___________