Unit of Count: Domestic Relations

 

Count the filing of a complaint or petition with the clerk of court as the beginning of a domestic relations case. The Grand Total Dispositions figure should be an aggregate count of the total number of cases in that case type category disposed by the court during the reporting period.  Report the number of domestic relations filings and dispositions by case type according to the subject matter at issue as defined in the Domestic Relations Case Type Definitions.

 

Marriage dissolution cases include provisions for custody, support, alimony, and the like in the decree or judgment.  Thus, for purposes of statistical reporting, the initial filing and disposition of a divorce case (including all related issues) should be classified under Marriage Dissolution/Divorce.  If after disposition of the case related issues arise and are brought back into the court, the case should be counted as reopened and reported in the appropriate case type category.

 

Child support and custody/visitation cases are only counted as the original filing if they are not part of a marriage dissolution case.  In general, cases of this type will be initiated by non-married individuals.

 

The Manner of Disposition matrix provides a means to report the manner in which trial court domestic relations cases were disposed.  For cases involving multiple parties/issues, the manner of disposition should not be reported until all parties/issues have been resolved.  When there is more than one dispositive action in a case, count as the disposition the action requiring the most judicial involvement.  In other words, prioritize the dispositive actions as follows:

 

·        Jury trial

·        Bench trial

·        Summary judgment

·        Settlement

·        Default judgment

·        Dismissed–want of prosecution

·        Transfer to another court

·        Other

 

            Notes:

 

Alternative Dispute Resolution (ADR): When a case has been referred by the court to alternative dispute resolution, we recommend that the court note the referral and track subsequent case activity under the case number initially assigned.  The court should also report the number of cases resolved through ADR processes in the Alternative Dispute Resolution column of the Manner of Disposition matrix.

 

Inactive case: Cases that are administratively classified as inactive should be reported in the Caseload Summary matrix as Placed on Inactive Status. When the case is reactivated, report it as a Reactivated case, classified by the case type.  For example, a divorce case should be placed on inactive pending status if the parties to the divorce announce their intention to reconcile, and the court suspends further activity in the case.

 

Reopened case: Cases in which a judgment has previously been entered, but which have been restored to the court’s pending caseload due to the filing of a request to modify or enforce that existing judgment should be reported in the Caseload Summary matrix as Reopened. When the reopened case is disposed of, report the case in the Caseload Summary matrix in the Dispositions column in the column labeled Reopened.  For example, a divorce case that was previously disposed of, but later brought forward on a request to change the support order, should be considered a reopened case.