Packet 3 Divorce Complaint

ORDER SETTING DIVORCE TRIAL AND REQUIRING PRETRIAL STATEMENTS

STATE OF WYOMING ) IN THE DISTRICT COURT

) ss ________________ JUDICIAL DISTRICT

COUNTY OF )

Plaintiff: ) Civil Action Case No.

(Print name of person filing)

vs.

Defendant: )

(Spouse) (Print name)

ORDER SETTING DIVORCE TRIAL

AND REQUIRING PRETRIAL STATEMENTS

THIS MATTER having come before the Court upon a Request for Setting, and the Court being generally advised in the premises;

IT IS HEREBY ORDERED that a trial of the above matter is hereby scheduled for Courtroom No. of the County Courthouse, , Wyoming on the day of , 20 commencing at o’clock .

minutes/hour(s)/day(s) has been set aside for the trial of this matter.

IT IS FURTHER ORDERED that each party shall file and serve on the opposing party or their attorney, if represented, no later than five (5) days prior to the trial, the party’s sworn statement setting forth the facts, to the best of the party’s knowledge and belief, called for by Section “A” of the attached list of information, and a statement by counsel (attorney), if any, of the client’s position and proof as called for by Section “B.” These filings are required to narrow and simplify the issues, prevent surprise and to eliminate unnecessary proof. The material may be presented in narrative form but must be complete for purposes called for by this order. To avoid duplication, the parties or their attorneys, if any, may submit a joint statement of those items not in dispute.

Any party requesting the reporting of a particular matter by the official court reporter shall make a request to the appropriate official court reporter as soon as possible, but no later than three (3) working days before the matter is set for hearing. You can provide notice to the court reporter by phone or by submitting a written request. Please note that if providing notice through the mail, the request must be received by the court reporter no later than three working days prior to the hearing. The clerk will be able to inform you which court reporter to contact. The three-day notice requirement will not be waived by the Court. The notice is required for all civil matters including jury trials. If a hearing is not recorded by an official court reporter, a transcript of the hearing will not be available. It is very difficult to appeal a decision if you do not have a transcript of everything that is said at the trial. Rule 904 of the Uniform Rules of the District Courts of the State of Wyoming.

In the event that this case settles, the parties are informed that there will be no change in the scheduling of this matter by the Court until such time as the settlement is reduced to writing and a written agreement is presented to the court. There will be no continuances or canceling of the trial date based on telephone calls.

DATED this day of , 20.

Copies sent to:

Plaintiff/Plaintiff’s Attorney’s Name and Address

Defendant/Defendant’s Attorney’s Name and Address

SECTION “A”

SWORN STATEMENT OF PARTY

Items to be included:

1. Personal data and history relevant to the issues, including name, age, prior marriages, if any, children (use children’s initials only), present living situation of the parties and their immediate family. For instance, where each party and the children are residing, with whom the children are residing, and how the children are being cared for during the day. This item calls for a brief but comprehensive statement of the party's personal history as it may relate to the divorce litigation.

2. Present employment, including identity and location of employer, nature of the job, length of employment, gross and net income and benefits, including health and accident coverage, if any, its convertibility to non-group plan in event of loss of employment, terms of retirement program, all deductions from salary or wages, and prospects for the continuation of the employment.

3. Employment history and employability, including previous employment and incomes, education, training and work experience affecting employability. Include any other factors substantially affecting employability.

4. Other income, whatever the source.

5. All assets showing source of the asset (i.e., jointly purchased, gift prior to marriage), present value, basis of statement of value and statement of present salability. (Use the last 4 digits of any financial account numbers only.)

6. Liabilities, including amount, source, terms of the indebtedness.

7. Any other information which counsel, or the party, believe to be material to the determination of the issues.

SECTION “B”

STATEMENT OF COUNSEL

Statement of the case by counsel of the client's position with respect to:

1. Division of assets and allocation of liabilities.

2. Amount of child support:

a. Amount called for by the child support guidelines;

b. Why, if it is urged, there should be departure from the guidelines.

3. If alimony is claimed, the basis of the claim and the amount and duration proposed by the party.

4. If client claims exclusive or superior entitlement to "the divorce," the reasons for that position.

5. If superior suitability for primary custody of children is claimed and disputed, reasons for the claim.

6. Reasons, if any, for departure from "standard rules for custody and visitation."

7. List of witnesses and specific summary of expected testimony.

8. Exhibits.