What Is a Status Conference?
Family court status conferences are non-adversarial processes that are designed to move cases along, review past compliance with prior orders and decide next steps. The family court system is bogged down and cases can take a long time to resolve because the backlog of all pending cases is so high. The status conferences are a way to move cases through the system. Any family law attorney who has been in practice for a few years has heard the judge at one of these conferences say "I’m just doing this to clear the calendar" or "we’re doing this so I don’t have to sequestrate juries". While there are many things a trial judge needs to do, there are certain issues that need to be handled by a judicial officer and are usually done in the status conference format.
At a case management status conference, the judicial officer will convene the parties, making sure that all counsel and any unrepresented party is present. If the conferences are being held virtually, then the matter could be heard at the scheduling ordered time or it could be heard on the next available date in the court’s discretion, depending on how many other cases are scheduled during that timeframe. A manager of the court sets this calendar. The court will often ask if any party has tried a settlement and whether they are still interested in trying to settle the matter. If a settlement can be had , the parties can schedule a settlement conference with the judicial officer handling the matter or an alternate judicial officer.
Quite often, the parties will seek a pendente lite decision on their pending motions. Pendente lite literally means "temporary" and can encompass anything from alimony, child support, legal custody, physical custody, child support, parenting time, possession of property, transfer of property, counsel fees and anything else, which may be considered to fit temporarily between the time the motion is filed and the time the court enters a final order. This may be agreed upon by the parties and the court may enter an order based on that consent. If not, the court will hear the argument and if the parties need to file papers to respond or to rebut then a return date will be provided, even in the status conference context. At the conclusion of that return date hearing, the court can enter an order on any of these issues. The court can also assign a discovery end date and a recommendation from the court as to when the case should be sent to trial.
If the parties are all in agreement as to the dates and timing of the case, then the cost of professionals such as retained experts and counsel fees can be addressed. Parties can also address whether there is a need for a custody evaluation and if so, the entry of an Order for Evaluation to be sent to the Office of Child and Family Advocacy for the appointment of a custody expert.
Why We Hold Status Conferences
Status conferences are held in family court for the convenience of the court and the parties. The first benefit is console hours for judicial officers (an opportunity for judges and family law commissioners to handle more cases in a given work day). Judges and family law commissioners break their dockets into multiple blocks of time — morning, afternoon and evening — usually one hour long each. If there were no short court calendars, the family law commissioner would only hear a few cases each session. By grouping many short cases together at the same time and allowing a lot of flexibility in scheduling, family law judicial officers have the capacity to handle the same number of cases in the same amount of time. This is an efficient use of the court’s resources.
Status conferences also allow cases to be managed efficiently. These are opportunities to discuss with the family law judicial officer interim issues and scheduling issues, which benefits the parties. Many parties need the court’s help scheduling hearings and other hearings to handle issues as they arise. For example, when the order to show cause was filed, it may have been necessary to schedule a custody and parenting time assessment, which could take several months. Parties may need immediate orders determining temporary holiday time sharing schedules, or they might need attorneys’ fees early in the case. These issues do not have to await the first status conference to get the attention of the court.
Most importantly, of course, status conferences establish case management timelines. The EO and MSA processes are relatively fast. For recovery motions, the litigation process is considerably longer. The sooner the parties begin the process, the sooner they can expect the relief they seek. In most cases, in a matter of weeks, the parties provide LPCs with the information they need to make their recommendations. Time needs to be allotted for the LPC to get consent, analyze pleadings and come to the hearing with recommendations. Time then needs to be allotted for filing and service of the LPC report. This refers to the first time the parties and counsel are required to meet to respond to the LPC’s recommendations. And finally, the status conference is scheduled. The parties and counsel come in and the court reviews the LPC report and considers what orders to enter.
In contrast, a trial date is generally 90-120 days from when the trial date assignment order is given. In that period, the parties must determine what exhibit indices are needed, obtain copies of medical records, obtain copies of an income verification from the employer and schedule the child support hearing and other hearings. It can take a few weeks for the parties to decide whether to prepare joint witness lists or if the negative inference provisions apply. Because recovery motions take place at any time and can be heard on short notice, there is more flexibility. It’s important to keep in mind, however, that should the required filings not be completed in time (before the scheduled hearing date), the hearing will be postponed.
How to Prepare for a Status Conference
When it comes time for a status conference, you should know what to expect in terms of your ability to address the court. There are a dozen or more possible issues that might come up during any specific status conference, but the strategy for the parent scheduling the conference coming in generally remains the same:
- (1) Bring a file folder with any and all treatment records that you want to bring to the attention of the court.
- (2) Bring a file folder with your own notes about the status of the parties and the child from the last conference (order from the last conferences, if same was entered into the file), and any other notes that you may have from any conversations that you may have had with the other party on the phone or in person. (This is particularly important if you have had a face-to-face meeting with the other parent over the intervening months, where they have then told you that something is going right.)
- (3) Ask for an opportunity to make an oral presentation to the court, which should include the positive progress the child is making (or not) in their treatment. When making your presentation to the court, include anything positive that the other party may have shared with you about anything that went on at the last session with the treatment provider. Try and use words like "demanding" "hard" and "strict" as little as possible to describe the other parent’s role in the child’s treatment.
- (4) Ask for an interim report from the treatment provider or therapist in advance of the status conference so that the documentation – which is ordinarily much more thorough than a verbal description of anything that has gone on at the various appointments – is available for the judge and lawyers’ review in advance of the conference.
- (5) Put some thought into the proposal that you want to put on the record for the court’s consideration. Having a proposal written out can expedite the process.
- (6) If you are the "parent of primary residence", then you should be the one to file the initial application for the next status conference.
What Occurs During a Status Conference?
A status conference begins with the call of a calendar; meaning that the Judge’s secretary will call the name or file number of your case, and if you have an attorney the attorney will stand up and announce an appearance in your matter. If you are representing yourself, then an appearance will be entered by you. The Court will then ask whether or not all outstanding discovery has been completed. Usually, the attorneys and/or litigants will advise the Court what discovery, if any, is outstanding. It is important though, for the litigants whose matters are being handled by an attorney, to make sure that the discovery has been completed as advised to the Court, because to obtain sanctions against the other party, it will be up to you to prove that the other party has not complied with the discovery previously ordered by the Court.
In most instances, the Judge will then ask the if the attorneys or litigants have reviewed the Court file which contains the previous Orders pertaining to discovery . In some instances, this is an opportunity for the litigant to stand up and announce that the other party has failed to comply with the previous discovery ordered by the Court. The Court will then sometimes even advise that the litigant put the information in writing in the form of a certified letter advising the other party of his/her discovery obligations, and to give some time for the other litigant to comply prior to scheduling enforcement motions with the Court. It is important to realize that the Judge often does not have time to review all of the discovery issues with you in detail, so it is usually a very brief meeting where you will inform the Court what discovery is still outstanding and when you expect it to be completed. Most often the attorneys agree by Consent to a date to complete the balance of the discovery in the case. If no discovery is outstanding, the Judge will then attempt to schedule a trial date.
The Potential Results of a Status Conference
The possible outcomes of a status conference are numerous, but generally range from adjournment to settlement or trial. The purpose of a status conference is to move the case forward.
An adjournment may happen for many different reasons. Sometimes, the attorneys may simply not have had sufficient time to address all of the issues in the case. In other circumstances, there has been some sort of settlement attempt but it did not go well, so the case must be further litigated.
The preferable outcome for many parties is a settlement. If the parties are working well together, they may be able to resolve all of their issues at a status conference. In other circumstances, they may only be able to get through some of their issues, but that is still an excellent outcome if it means that the case is on track to settle. The judge will then ask for a follow-up status conference to ensure that progress continues.
A trial will likely be an unwelcome outcome for most litigants, as it can be very expensive, both financially and emotionally. However, there are rare circumstances where this is the only option left for the parties. There is also the possibility that an interim agreement concerning temporary issues only has been reached, with a full trial on the marital issues to come at a later date.
Common Questions Regarding Status Conferences
Q: Do I have to be present at a status conference?
A: Unless you are going to agree to everything with your spouse, yes. The court wants to see both parties present at status conferences in family court so that it can determine if there is any progress being made on an agreement. That way, the court can put pressure on the parties to settle if they are not making the proper commitments to get their case finished.
Q: How can I prove to the court that I am taking steps to have a divorce settlement worked out?
A: You will likely be asked to provide a statement to the court on the status of your case. This would include things like documentation that supports your spouse’s ability to work, information about appraisals performed on your property or business, and documents or witnesses that support your assertion that your spouse is in poor health.
Also, while the other party should disclose anything they might use in court a minimum of 14 days in advance, you could also produce old income tax returns, phone records and other relevant evidence to the judge.
Q: How often do status conferences happen in a divorce case?
A: It depends on how complex the case is. Some simple cases can be cleared out pretty quickly and thus only require one or two. For lengthier cases, like those involving business valuation , complex assets and other complicated matters, a judge may require many conferences until all of these matters have been resolved to his or her satisfaction.
Q: Does having an attorney present make a difference in how lenient the judge is at a status conference?
A: Family courts handle a lot of pro per cases. The judges have dealt with thousands of them, so they know exactly what they’re dealing with and what to expect when those parties appear before them. But a status conference that involves counsel creates a different dynamic. Counsel is held to a different standard, the judge expects members of the state bar to be familiar with court proceedings and can expect that the parties and attorney will follow through with what they said they would. If a person is representing themselves, they may not have the same expectations of the court, but counsel is required to follow through, and that may make the judge more lenient.
Q: What if my spouse just says he/she did not have time to do anything on the case?
A: If a judge perceives a spouse is not putting in any effort to work toward a resolution, he or she may set short dates for the next status conference, such as two weeks or one week. This puts the pressure on that person to figure things out pretty quickly and hopefully resolve the case so the court can avoid a trial.