Form 4-H.E.-2

INFORMATION CONCERNING THE FILING OF OBJECTIONS AND REBUTTAL IN A PROCEEDING BEFORE A HEARING EXAMINER

You have received a copy of an order of support signed by a hearing examiner and a copy of the hearing examiner's findings of fact upon which the order is based. This order must be obeyed.

Either party has a right to file specific written objections to this order with the clerk of the court. These objections must be filed within thirty (30) days of the date the order was received in court or personally served, or, if the order was received by mail, within thirty-five (35) days of the mailing of the order. The objections then will be reviewed by a judge of the Family Court. Even if objections are filed, the amount ordered by the hearing examiner must continue to be paid unless and until a judge signs a different order.

Procedure for filing objections

1. The objections must be in writing and contain the name and docket number of the case.

2. The reasons for your objections and the parts of the order objected to must be clearly stated. Please do not attach to, or include with, your objections any evidentiary documents or material which were submitted to the hearing examiner as they are already a part of the record. Please do not attach to, or include with, your objections any evidentiary documents or material which was not submitted to the hearing examiner as the judge cannot consider them. Any such documents which are attached to, or included with, your objections cannot be returned.

3. The opposing party must be served with a copy of the objections, either in person or by mail, and an affidavit of service must be filled out. The clerk of the court will make a sample affidavit form available.

4. The original of the objections and the affidavit of service must be filed with the clerk of the court within (30) days of the date the order was received in court or personally served or, if the order was received by mail, within thirty-five (35) days of the mailing of the order.

5. A transcript will not be necessary unless the judge requires one. If so, the clerk of the court will provide information on how to obtain a transcript. The person filing objections must pay the cost of the transcript.

6. Even if the judge does not require a transcript, either party may request a transcript, and the requesting party must pay the fee.

7. If an objecting party cannot afford to pay for a transcript, when it is required by a judge, the clerk of the court will provide information about the procedure for obtaining the transcript without charge.

8. The party served with objections has a right to file a rebuttal. A rebuttal is an answer to objections.

Procedure for filing a rebuttal

1. A rebuttal to objections must be in writing and contain the name and docket number of the case.

2. It must state the date the objections were received, the specific objections being answered and the reasons for the rebuttal.

3. The rebuttal must be filed with the clerk of the court. The opposing party must be served with a copy of the rebuttal, either in person or by mail, within eight (8) days after receipt of the objections, and an affidavit of service must be filled out. The clerk of the court will make a sample affidavit of service available.