Del. Fam. Ct. R. Civ. P. 16
(a) Support pleadings; mediation; financial report.
(1) In all proceedings requesting relief in the form of support pursuant to Chapter 5 and 8 of Title 13 of the Delaware Code, including actions for modification of existing orders, a mediation conference(s) with the parties shall be held by a Court staff mediator to identify the specific areas at issue and to attempt amicable settlement of all unresolved issues to avoid the necessity of a hearing or to narrow the issues to be decided at a hearing. Additionally:
i. Telephonic participation by any party residing more than 100 miles from the courthouse may be allowed upon request conditional upon compliance with subsection (a)(6) of this Rule.
ii. Unless otherwise provided by statute or rule, no trial in the action shall occur until the completion of the mediation process unless the Court, upon the application of a party, application of the mediator or upon its own motion, orders the proceeding referred for scheduling, in the first instance, before a Judge or Commissioner.
iii. The scheduling of a trial initially before a judge shall be in accordance with Rule 300(c).
(2)(A) If the mediation process fails to produce a full settlement, the parties may be taken before a Commissioner for an evidentiary hearing on the same day, if appropriate as determined by the Commissioner. Without assessing evidentiary weight, the Court may review the notes and calculations made by the mediator in determining areas of agreement and dispute.
(B) If an evidentiary hearing is not held pursuant to subparagraph (2) and if the matter is not resolved at the mediation conference by a permanent, temporary, or interim agreement of the parties, then, absent good reason otherwise to be stated on the mediator's report, the mediator shall prepare an interim order based upon the documentation provided and the Delaware Child Support Formula which upon review and adjustment by the Court shall issue promptly and may include such order for discovery as the Court deems appropriate.
(3) A child support enforcement action alleging contempt of court shall be scheduled for a mediation conference only if there have been no previous enforcement orders entered, other than dismissals, in the name of the same petitioner against the same respondent. Petitions to establish medical arrears, other than in Uniform Interstate Family Support Act cases, shall be scheduled for mediation first in every instance.
(4) Family Court mediation conferences shall be prohibited in any proceeding requesting relief in the form of support where one of the parties has been found by a court to have committed an act of domestic violence against the other party or if either party has been ordered to stay away or have no contact with the other party, unless a victim of domestic violence who is represented by counsel requests such mediation.
(5)(A) All requests for continuances of support mediation conferences shall be made in a timely manner and in writing to the Court staff mediator assigned to conduct the conference. The written request shall contain:
(i) a statement of the original filing date of the complaint;
(ii) the position of opposing counsel on the request or, if there is no opposing counsel, the position of the opposing party;
(iii) the number of times that the case has been scheduled for mediation conference; and
(iv) the reason(s) why the request is being made, with any supporting documentation.
(B) When an emergency or unforeseeable situation prevents full compliance with this subsection, the Court staff mediator assigned to conduct the conference may consider an oral or incomplete request for continuance and may require subsequent submission of appropriate correspondence and/or documentation.
(C) A Court staff mediator granting a continuance shall make a written entry in the Court record of the reason for the continuance.
(D) Where the parties intend to submit a stipulation resolving the issues, the executed stipulation must be received by the Court prior to the scheduled mediation conference and be in accord with the requirements of Rule 500(a) or the parties shall appear for the mediation conference. The Court shall not grant any request for a continuance on the basis that a stipulation is forthcoming. Failure to appear for a mediation conference under these circumstances may result in a dismissal of the petition or default judgment.
(6) Prior to the mediation conference on an action for support or for modification of an existing order, each party shall complete a written report in the form approved by the Court to be known as a Rule 16(a) Financial Report, attaching thereto such documents as may be required by the instructions accompanying the Report. Each party shall bring a completed Rule 16(a) Financial Report to the mediation conference where the information contained therein shall be sworn to by the parties, with misrepresentations subject to appropriate sanctions.
(7) In any matter where mediation is bypassed by statute, court rule or otherwise prohibited, each party must complete and exchange with the opposing party or attorney a written report in the form approved by the Court to be known as a Rule 16(a) Financial Report at least seven days prior to the court hearing.
(8) At any hearing conducted under this rule, the Court may consider representations of income for each parent reported by employers to the Department of Labor.
(9) The failure of either party to comply with the requirements of this Rule may result in the imposition of appropriate sanctions, including, but not limited to, the entry of a default order or dismissal of the pending action.
(b) Custody and visitation proceedings; mediation.
(1) In all custody and visitation proceedings seeking initial or modification decrees, a mediation conference(s) with the parties shall be held by a Court staff mediator to identify the specific areas at issue and to attempt amicable settlement of all unresolved issues or, in the alternative, to limit those issues which must be submitted to the Court for determination. Attorneys of the parties may attend and participate in the conference(s) at their election. No custody trial shall be scheduled before a Judge until the completion of the mediation process unless the Court, upon the application of either party or the Court staff mediator or upon its own motion, orders the proceeding referred to judicial scheduling. The conference(s) shall be informal without requiring adherence to normal Court procedure or the Delaware Rules of Evidence, and nothing said by the parties or other person participating during the conference(s) may be used against them in subsequent proceedings in any court.
(2) The requirements regarding continuances of custody/visitation mediation conferences shall be the same as those for continuances of support mediation conference in Rule 16(a)(5).
(3) Prior to the mediation conference, each party shall complete a written report if required by and in the form approved by the Court, attaching thereto such documents as may be required by the instructions accompanying the report. If such report is required, each party shall bring a completed report to the custody/visitation mediation conference where the information contained therein shall be sworn to by the parties with misrepresentations subject to appropriate sanctions.
(4) If the matter is not resolved at the mediation conference by a permanent, temporary or interim agreement of the parties, the mediator shall recommend an interim contact schedule based on information received at the mediation conference and in the best interest of the child(ren).
The mediator's recommendation shall be reviewed by a Judge and if the recommendation is approved, it shall become an interim order of contact, without prejudice to either party, pending a full hearing. In the event that the mediator's recommendation is not approved, the Court shall enter an appropriate interim order.
(5) Where a party, pursuant to 13 Del. C. Section 725, requests the Court to order an investigation(s) and written report(s) concerning custodial arrangements for a child, such requests shall be in the form of a written motion, after notice to the other party, directed to the office judge, setting forth the reason for the request and the specific areas the party wishes investigated, together with such deposit as shall in the judgment of the Court be necessary to defray the fees and costs incurred in conducting the investigation, subject to the provisions of 13 Del. C. Section 725(a). The Clerk shall apply the deposit from time to time in payment of the fees and costs and shall return to the party requesting the investigation any balance remaining after completion of the investigation. If the deposit is expended in the payment of the fees and costs, as said fees accrue from time to time, the Clerk shall demand and receive such amounts as the Court deems necessary to defray the fees and costs for the investigation before any additional services shall be performed.
(c) Property division, alimony, attorney's fees and costs; ancillary pre-trial conference; financial report.
(1)After the entry of a divorce decree, a petitioner requesting ancillary relief shall complete a written report in the form approved by the Court known as a Rule 16(c) Financial Report, attaching thereto such documents as may be required by the instructions accompanying the form and shall forward an original notarized copy to the respondent or attorney for respondent within 30 days of the granting of the final decree of divorce and advise the Court in writing that same has been accomplished. Respondent shall then complete the form, attaching required documents, deliver the original document to the Clerk, and forward a copy to the petitioner or petitioner's attorney within 30 days of receipt.
Where a petitioner does not seek ancillary relief, a respondent requesting such relief shall complete the Rule 16(c) Financial Report and forward an original notarized copy to petitioner or petitioner's attorney within 30 days of the granting of the final decree of divorce and advise the Court in writing that same has been accomplished. Petitioner shall then complete the document and deliver the original to the Clerk and forward a copy to respondent or respondent's attorney within 30 days of receipt.
The dispositional requests of each party shall be filed with the Court no later than five working days before the pre-trial conference.
(2) Unless otherwise ordered, all ancillary proceedings involving property division, alimony, attorney's fees and costs shall be set for pre-trial conference(s). The purpose of the conference(s) is to identify specific areas at issue for trial and to attempt to resolve all unsettled matters. Unless otherwise ordered, attorneys who will conduct the trial and parties are required to appear at the pre-trial conference(s) fully prepared to carry out the stated purpose of same. No pre-trial conference(s) shall be held until the parties have completed and executed a Rule 16(c) Financial Report in accordance with subsection (1) above.
(3) Requirements regarding continuances of pre-trial conferences shall be the same as those for continuances of trial in Rule 40.
(4) No ancillary matter shall be referred to judicial scheduling until the completion of the pre-trial mediation conference(s) or until the Judicial Officer so directs upon failure of a party to comply with the requirements of subsection (1) or the paragraph above in this subsection or for other good reason, or a judge, upon application of either party or upon the judge's own motion, orders the proceedings forwarded to judicial scheduling.
(5) The requirement for filing the Rule 16(c) Financial Report or holding a pre-trial conference(s) may be waived by the Court upon written application by either or both parties for good cause shown, but only under such conditions as the Court may impose; and, by stipulation, subject to approval of the Court, the parties may substitute the Rule 16 EZ Financial Report..
(6) Failure of either party to comply with the requirements of this Rule may result in the imposition of appropriate sanctions which may include but are not limited to the following: acceptance of properly submitted information to the exclusion of contrary evidence by the party in non-compliance; assessment of attorney's fees against the non-complying party; or default judgment for the relief requested. Failure of both parties to comply with this Rule will result in dismissal, with prejudice, of all applications for ancillary relief.
(d) Pre-trial conference and procedure in any action.
(1) In any action, the Court, upon motion of any party or upon its own motion, may order the attorneys and/or the parties to appear before a judge or master for a pre-trial conference or participate in a teleconference to consider:
(A) The simplification of the issues;
(B) The necessity or desirability of amendments to the pleadings;
(C) The possibility of obtaining admissions or stipulations of fact and of documents in order to expedite the trial and avoid unnecessary proof;
(D) The limitation of the number of witnesses; and
(E) Such other matters as may aid in the disposition of the action.
(2) Before pre-trial, each attorney or party shall become thoroughly familiar with the case and shall confer with the other attorney/party as frequently as may be required to enable the attorneys/parties to expedite pre-trial and trial of the case. At such conference, each attorney shall produce all documents, papers, books, accounts, letters, medical and doctors' reports, photostats, objects or other matters proposed to be introduced in evidence in support of the case in chief, and, unless otherwise ordered, shall furnish copies to opposing counsel, at the expense of the party represented by opposing counsel. Nothing contained in this paragraph shall preclude the Court, in its discretion, from requiring any party to produce for the inspection of the other such additional documents, papers, books, accounts, letters, medical and doctor's reports, photostats, objects and other matters as the Court deems appropriate.
(3) Either at or following the pre-trial conference, the court may enter a pre-trial order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
(4) Failure of a party to participate in or prepare for the pre-trial conference is cause for the Court to enter, with respect to such conduct, such other order as it deems appropriate. If the party requesting the pre-trial conference is unable to secure the cooperation of the opposing attorney, that party may, within the time provided by these Rules, submit a proposed pre-trial order signed by that party and a certificate signed by that party stating what actions that party has taken to secure the cooperation of the other party. In such case, the Court shall hold the pre-trial conference as scheduled. At the time of the conference, the Court may, among other alternatives, in its discretion:
(A) Order that the pre-trial conference be rescheduled and that the person whose conduct necessitated the delay pay to the opposing party the reasonable expenses, including attorney's fees, incurred as a result of such conduct unless such conduct was justified under the circumstances or an award of expenses would be unjust; or
(B) Proceed with the pre-trial conference and enter such order as the Court may consider just to require prompt compliance with the requirements of this Rule and may also order the person whose conduct failed to comply with the Rule to pay to the opposing party the reasonable expenses including attorney's fees incurred as a result of such conduct unless such conduct was justified under the circumstances or an award of expenses would be unjust. Such order may also include acceptance of properly submitted information to the exclusion of contrary evidence by the party in non-compliance or entry of default judgment.
(e) Failure to comply. Failure of both parties to comply with this Rule may result in dismissal, with prejudice, of the application before the Court.
Del. Fam. Ct. R. Civ. P. 16