725 PARALEGAL TRAINING

Paralegal Training 

Other Office Information                 Sucessful Paralegals

Handling a Post-Decree Matter (see below)        Handling a Divorce (see below)

Marilyn York Executive Paralegal Expectations

A Marilyn York Executive Paralegal (MYEP sounds like NYEP) must consistently demonstrate and perform to very high standards including but certainly not limited to:

Paralegal Guide to Handling a Custody Case

(1) What to do when you get the client file:

(a) Identify type of case: If Custody (non-married parents) – refer to this document.

(b) Contact the client and introduce yourself. Let the client know they have been approved and we will be moving forward with their case. Many times there is a severe disconnect between when the client retains to when they hear from our office, so I want the client to feel reassured that we are immediately working on their case.

(2) Initiating or Responding to a Paternity and/or Custody Petition: First ask: Has paternity been established?

              (a) Initiating a Custody Action if Paternity has been established: 

                            (i) If paternity has been established, draft the following:

                                          -Petition to Establish Custody, Visitation, and Support

                                          -Summons

                                          -UCCJEA

                                          -Family Court Information Sheet (make sure you get all SSN’s – cannot file without all SSN, including children)

                                          -Contact Court and Get CMC date and draft Notice of CMC

(ii) File all of the above after client reviews and signs verification on Petition

              (b) Initiating a Paternity and Custody Action 

                            (i) If paternity is at issue, draft the following:

-Petition to establish Paternity, Custody, Visitation, and Support

                                          -Summons

                                          -UCCJEA

                                          -Family Court Information Sheet (make sure you get all SSN’s – cannot file without all SSN, including children)

                                          -Contact Court and Get CMC date and draft Notice of CMC

-Based on CMC date, determine if an expedited hearing is needed to get a paternity test moving forward

                                          -Note the client can always go to the DA’s office to open a paternity case. Sometimes this is the cheaper and quicker option.                

(ii) File all of the above after client reviews and signs verification on Petition

              (c) Service

                            (i) Petitions need to be hand served just like a complaint for divorce.

                            (ii) Get a picture of the opposing party to assist with service. 

                            (iii) After Service: Calendar all appropriate deadlines    

              (d) Responding to Custody Petition

(i) Calendar answer deadline and all other deadlines based on date of service (Be 

                            sure to get correct date of service from client)

                            (ii) Draft Answer and Counter-Petitioner                          

                            (iii) File All of the above after client reviews and signs verification on 

                            counter-claim

              (e) Is there already a Child Support Case?

(i) Many times in custody cases, there has already been a child support case through the DA’s office. If so, we need to determine if we are seeking to modify the child support amount or if we are ok with deferring to the child support case. Be sure to reference the Child support case in the Petition or Counter-claim.

(3) Initial Case Work-up                         

(a) Give client packet with financial disclosure form and list of documents. Make sure the client also gets any health insurance cost information if he/she is providing health insurance for the minor children. We will need this for the CMC. Follow-up with the client consistently – client’s like to ignore their obligation to get us documentation. Remind them the only way we can get their case settled is if we have all the information. In a custody case, there may not be a lot of documents – often the most important documents are text messages between the parties. We need any documentation to substantiate client’s claims on custody. 

(b) Calendar reminders to follow-up with client two weeks and one week before the financial declaration is due. I want the financial declaration on my desk no later than five days before the deadline so I have time to review and get any additional information from client, if needed. I often suggest having the client come in and you meeting with them to fill out the financial declaration

(i) Notes on filing out a financial declaration: Financial declarations are highly scrutinized by the court and they are what is used to determine interim support. All expenses need to be realistic and an accurate picture of what the client is currently paying. Annualize all annual or bi-annual expenses (such as car registration, car insurance, etc.). If the client is paying for his own attorney’s fees, annualize the retainer paid. Explain to the client that while we include everything, the Court is only going to consider the hard costs (i.e. costs that have a bill such as a mortgage, utilities, car payments, minimum credit card payments, daycare, etc.)

** You do not need to include the Assets and Debts form on Financial Disclosure form in a custody case. 

(c) Prepare 16.2 Disclosure from documents obtained from client. As with the financial declaration, please have prepared for my review no later than 5 days before the deadline. Be sure to include all potential witnesses as well. Witnesses are crucial in any custody case. Identify all persons who can help our case including relatives, friends, teachers, pastors, employers, etc.

(d) Meet with client (perhaps when assisting with the financial declaration) and gather all information needed for the Case Management Conference.  In a custody case, the only issue is custody – what does he/she want and why (primary v. joint; desired schedule, etc.); however, there could be other potential issues, so always ask if there is anything else going on the client needs the Court’s help with.

Remember to remind the client the CMC is only temporary and we will focus on settlement at the settlement conference.

(4) Discovery

(a) Confer with attorney as to whether there are any documents and/or rogs we want to serve on the opposing party. Don’t be afraid to offer your own ideas or thoughts on what we need from the opposing party.

(b) Draft request for production of documents to the opposing party requesting the documents we do not have, but it is always a good idea to use many of the stock RFP’s we have in the forms file just in case there are additional documents the other party has.

(c) Be sure to remind attorney if opposing counsel does not timely respond to our discovery. We then have to do a meet and confer letter to obtain the discovery. If they still do not provide the discovery, then we will want to draft a motion to compel.

(d) Identify all documents we need that we need to obtain through a subpoena, if any.

(e) Discovery from opposing counsel: Opposing counsel will likely serve RFP’s and Rogs on our client. Be sure to calendar the deadline and immediately provide to the client to begin working on the responses. Provide the requests to Chantel to type. Confer with the attorney on appropriate objections.

(f) Be cognizant of a close of discovery date (if one is agreed to – unlike civil cases, there is no default close of discovery date.) Make sure the attorney has noticed all depositions, served written discovery, or served subpoenas by the appropriate deadline in order to comply with the close of discovery deadline.

(5) Experts

(a) In a custody case, the likely expert would be a custody evaluator. Generally this will be determined at the CMC or SC.    

(6) On-going Case Work-up

(a) Case Management Conference: CMC Statements are due 10 days (sometimes 5)   before the CMC date. Draft the CMC statement and provide it to the attorney to review no later than 5 days before the due date. Make sure the client always reviews the CMC statement and all interim issues are addressed. 

(i) If the Court has directed our office to draft the Order after CMC, use attorney’s notes and/or the DVD to draft the Order.

(b) Settlement Conference: SC Statements are due 5 days before the Settlement Conference. Draft the SC statement and provide it to the attorney to review no later than 5 days before the due date. Make sure the client always reviews the SC statement. The SC statement needs to put forward our settlement position.

(i) Sometimes even though the case does not settle at the SC, there will still be an issue ordered setting a trial date, or resolving some issues, etc. Draft the Order After SC by reviewing the attorney’s notes and/or the DVD.

(d) Updating 16.2: Be sure to produce all documents received from the client in a supplemental 16.2 disclosure and update the document production index. Anything not formally produced in a 16.2 disclosure cannot be used at trial.

(i) Continue inquiring with the client as to whether there are any additional witnesses we will need to disclose. Only witnesses disclosed in the 16.2 disclosure can be called at trial.

              (f) Be sure to always order the DVD’s after a CMC or a SC (if we settle).

(7) Trial

(a) Trial Statement and Exhibits are due 5 days before trial. Remind attorney to begin working on trial statement and exhibits at least two weeks before trial.

(b) Create a trial binder for the attorney that contains their working copies of the exhibits, the trial statement and tabs for questions for all witnesses, tab for argument, tab for legal research. Confer with the attorney on what they prefer.

(c) Expect your attorney to be very stressed as trial approaches, so bare with them.                                               

(d) Notice of Entry of Order:  Once the Order is filed by the Judge, ask your attorney if you need to file a Notice of Entry of Order. A NOE is very important to start any deadlines for filing a motion for reconsideration or motion to set-aside. If we are the party who wants to set aside the judgment or file a motion for reconsideration, or an appeal, we do not want to file the NOE.

(8) Case Resolution

(a) Case settles at settlement conference: The settlement should be put on the record, so be sure to order the DVD. Draft a Custody, Visitation and Support Agreement per the terms of the settlement (parties do not need to sign as the agreement was put on the record). (See Forms File) Once reviewed and ok’d by the attorney, draft a WDCR 9 letter to opposing counsel giving them 5 court days to respond with any objections. If none are received, submit the Decree on the 6^th day.

(b) Case settles out of Court (no settlement put on the record): Draft a Custody, Visitation, and Support Agreement to be signed by the parties. (See Forms File). After attorney reviews, send to opposing counsel to provide any changes.            

(c)Notice of Entry of Order:  Once the Order is signed, file a Notice of Entry of Order. A NOE is very important to start any deadlines for filing a motion for reconsideration or motion to set-aside. 

(9) Important Things to Remember

(a) The Client is to review everything before it is filed with the Court or sent to opposing counsel. Clients do not always respond promptly, so they need to be sent all time sensitive documents well in advance to ensure we can file the document by the due date.

(b) Client communication is the most important job of the paralegal. It is my policy to always respond to client within 24hrs, even if it just to say hey we are busy, but will get back to you asap.

(c) If anything sits on your desk for more than one week, it is late! When given a project, always ask the attorney a time frame of when it needs to be completed.

(d) Meet with your attorney at least once a week to go over all the cases to assess what needs to be done next. The attorney expects the paralegal to run the case and babysit the attorney – not the other way around.

(e) If you are not sure what to do, ask! There is no such thing as a stupid question.

(f) CC the attorney on all email communications so they stay up to speed. Always communicate with your attorney as to what you are doing on a case. Attorneys will do the same. 

(g) The role of the paralegal is to be the point person for the client. If the client seeks legal advice on an issue, of course get the attorney on the phone with the client, or ask the attorney and communicate it back to the client. Tell the clients they of course can always communicate with the attorney, but they are going to pay $295 an hour.

PARALEGAL GUDE TO HANDLING A DIVORCE

(1) What to do when you get the client file:

              (a) Identify type of case: If Divorce – refer to this document.

(b) Contact the client and introduce yourself. Let the client know they have been approved and we will be moving forward with their case. Many times there is a severe disconnect between when the client retains to when they hear from our office, so I want the client to feel reassured that we are immediately working on their case.

(2) Initiating or Responding to a Divorce Proceeding: First ask: Are we filing or answering a complaint already filed by the opposing party?

              (a) Filing Complaint

                            (i) What to Draft:

                                          -Complaint and Summons

                                          -UCCJEA (if children)

-Family Court Information Sheet (make sure you get all SSN’s – cannot file without all SSN, including children)

                                          -Ex Parte Mutual Financial Restraining Order and accompanying Order Granting Ex Parte Mutual Financial Restraining Order

-Affidavit of Resident Witness (ask client to find friend/relative to sign Affidavit – we cannot get the divorce done unless this document is filed)

                                          -Call Court and get a CMC Date and Draft Notice of CMC

(ii) File all of the above after client reviews and signs verification on Complaint

                            (iii) Service

                                          -Get picture of opposing party from client for service   

                                          -Send out all docs for personal service with Ken Peele

                            (v) Once served – Calendar all deadlines per Case Processing Timeline

              (b) Answering Complaint for divorce                               

(i) Calendar Answer due date and all other deadlines per Case Processing Timeline

                            (ii)What to Draft

                                          -Draft Answer and Counter-Claim

-Confirm whether opposing party filed an Ex Parte Mutual Financial Restraining Order – If not, draft motion and order

-Confirm whether opposing party filed an affidavit of resident witness – if not draft       

(ii) File All of the above after client reviews and signs verification on counter-claim                           

(3) Initial Case Work-up                         

              (a) Give client packet with financial disclosure form and list of documents. Make sure the client also gets any health insurance cost information if he/she is providing health insurance for the minor children. We will need this for the CMC. Follow-up with the client consistently – client’s like to ignore their obligation to get us documentation. Remind them the only way we can get their case settled is if we have all the information.

              (b) Calendar reminders to follow-up with client two weeks and one week before the financial declaration is due. I want the financial declaration on my desk no later than five days before the deadline so I have time to review and get any additional information from client, if needed. I often suggest having the client come in and you meeting with them to fill out the financial declaration

(i) Notes on filing out a financial declaration: Financial declarations are highly scrutinized by the court and they are what is used to determine interim support. All expenses need to be realistic and an accurate picture of what the client is currently paying. Annualize all annual or bi-annual expenses (such as car registration, car insurance, etc.). If the client is paying for his own attorney’s fees, annualize the retainer paid. Explain to the client that while we include everything, the Court is only going to consider the hard costs (i.e. costs that have a bill such as a mortgage, utilities, car payments, minimum credit card payments, daycare, etc.)

Assets and Debts on Financial Disclosure form: Failure to list an asset or debt on a financial disclosure form can result in the Court awarding the asset to the other party or requiring the non-disclosing party to take the debt as their separate property, thus it is very important to include all known assets and debts. Values may not be known, so it is ok to list it as “TBD” so long as the asset or debt is listed. Also be sure to pay attention to whether the asset or debt is community or separate property and that it is delineated properly on the financial disclosure form.  If there is a potential separate property component, list “TBD” in the separate property column. For example, a retirement account that was started before the marriage but contributions continued during the marriage is part community and part separate property.

              (c) Prepare 16.2 Disclosure from documents obtained from client. As with the financial declaration, please have prepared for my review no later than 5 days before the deadline. Be sure to include all potential witnesses as well. 

              (d) Meet with client (perhaps when assisting with the financial declaration) and gather all information needed for the Case Management Conference. This information includes:                                                       

-Custody – what does he/she want and why (primary v. joint; desired schedule, etc.)

                                          -Marital home – who wants to get exclusive possession?

                                          -Vehicles – who is driving what

-Interim support – has any been paid? How are the parties maintaining the community finances?

-Personal Property – is there anything our client needs to get from the opposing party?

                                          -Any other misc issues they wanted address in the interim

              Remember to remind the client the CMC is only temporary and we will focus on settlement at the settlement conference.

(4) The Marital Balance Sheet and Marital Balance Sheet Binder

(a) Create a marital balance sheet using the documents provided by the client.

              (b) Be sure to include bates # on the marital balance sheet for easy reference.

(c) Create a marital balance sheet binder (red binders) with each numbered tab corresponding to the numbers on the marital balance sheet. Behind each tab is the supporting documentation for that asset or debt.

(5) Discovery

(a) Based on the marital balance sheet, identify all assets or debts in which we do not have supporting documentation for (i.e. because the client cannot get or does not have access to, i.e. opposing parties’ bank statements)

(b) Draft request for production of documents to the opposing party requesting the documents we do not have, but it is always a good idea to use many of the stock RFP’s we have in the forms file just in case there are additional documents the other party has.

(c) Confer with attorney to decide if we need to draft interrogatories or request for admissions. There are stock Interrogatories, but many times there are case specific issues that we will want to do interrogatories on (for example – if the opposing party gambles, we will want to find out what casinos they visit so we can subpoena those casinos.)

(d) Be sure to remind attorney if opposing counsel does not timely respond to our discovery. We then have to do a meet and confer letter to obtain the discovery. If they still do not provide the discovery, then we will want to draft a motion to compel.

(e) Identify all documents we need that we need to obtain through a subpoena, i.e. casino records, medical records, cell phone records, bank records, etc.

(f) Discovery from opposing counsel: Opposing counsel will likely serve RFP’s and Rogs on our client. Be sure to calendar the deadline and immediately provide to the client to begin working on the responses. Provide the requests to Chantel to type. Confer with the attorney on appropriate objections.

(g) Be cognizant of a close of discovery date (if one is agreed to – unlike civil cases, there is no default close of discovery date.) Make sure the attorney has noticed all depositions, served written discovery, or served subpoenas by the appropriate deadline in order to comply with the close of discovery deadline.

(h) ***Anytime we send out a 16.2 Disclosure or receive discovery from opposing counsel, be sure to update the Marital Balance Sheet and the Marital Balance Sheet binder with the new documents.

(6) Experts

(a) Many cases will require an expert. The most common example is if there is a business, we likely will want to hire an expert to value the business. (Many times this is dealt with at the CMC on how to move forward with obtaining an expert) Be cognizant of expert disclosure deadlines and confer with the attorney as to whether we will need an expert.                     

(7) On-going Case Work-up

(a) Case Management Conference: CMC Statements are due 10 days (sometimes 5)   before the CMC date. Draft the CMC statement and provide it to the attorney to review no later than 5 days before the due date. Make sure the client always reviews the CMC statement and all interim issues are addressed. 

(i) If the Court has directed our office to draft the Order after CMC, use attorney’s notes and/or the DVD to draft the Order.

(b) Settlement Conference: SC Statements are due 5 days before the Settlement Conference. Draft the SC statement and provide it to the attorney to review no later than 5 days before the due date. Make sure the client always reviews the SC statement. The SC statement needs to put forward our settlement position with the MBS always attached as an exhibit identifying our proposed division of community assets and debts and always have the MBS Binder ready to go for the attorney.  The MBS should be up to date if you all discovery that has been sent and received was utilized to update the MBS and the MBS binder.

(i) **Very important: Calendar a deadline to follow-up with the client at least two weeks prior to the settlement conference to provide updated statements for all assets and debts before the settlement conference. We need the most recent information on all assets and debts in order to settle the case.

(ii) Sometimes even though the case does not settle at the SC, there will still be an issue ordered setting a trial date, or resolving some issues, etc. Draft the Order After SC by reviewing the attorney’s notes and/or the DVD.

(d) Updating 16.2: Be sure to produce all documents received from the client in a supplemental 16.2 disclosure and update the document production index. Anything not formally produced in a 16.2 disclosure cannot be used at trial.

(i) Continue inquiring with the client as to whether there are any additional witnesses we will need to disclose. Only witnesses disclosed in the 16.2 disclosure can be called at trial.

              (f) Be sure to always order the DVD’s after a CMC or a SC (if we settle).

(8) Trial

              (a) Trial Statement and Exhibits are due 5 days before trial. Remind attorney to begin working on trial statement and exhibits at least two weeks before trial.

              (b) Create a trial binder for the attorney that contains their working copies of the exhibits, the trial statement and tabs for questions for all witnesses, tab for argument, tab for legal research. Confer with the attorney on what they prefer.

              (c) Expect your attorney to be very stressed as trial approaches, so bare with them.

              (d) Notice of Entry of Order:  Once the Decree is filed by the Judge, ask your attorney if you need to file a Notice of Entry of Order. A NOE is very important to start any deadlines for filing a motion for reconsideration or motion to set-aside. If we are the party who wants to set aside the judgment or file a motion for reconsideration, or an appeal, we do not want to file the NOE.                     

(9) Case Resolution

(a) Case settles at settlement conference: The settlement should be put on the record, so be sure to order the DVD. Draft a Decree of Divorce per the terms of the settlement. (See Forms File) Once reviewed and ok’d by the attorney, draft a WDCR 9 letter to opposing counsel giving them 5 court days to respond with any objections. If none are received, submit the Decree on the 6^th day.

(b) Case settles out of Court (no settlement put on the record): Draft a Marital Settlement Agreement and a separate Decree of Divorce incorporating the terms of the Marital Settlement Agreement. (See Forms File). After attorney reviews, send to opposing counsel to provide any changes. Both parties will need to sign the MSA.        

(c)Notice of Entry of Order:  Once the Decree is signed, file a Notice of Entry of Order. A NOE is very important to start any deadlines for filing a motion for reconsideration or motion to set-aside.        

(d) Other Post-Decree Issues

(i) Determine if QDRO’s are needed – we generally stay in a case until the QDRO is finalized.

                            (ii) Determine if client needs assistance with any other documents, such as a quit-claim deed, other documents transferring title, etc. Generally we leave these logistical issues to the client to save them money, but let them know we are always here to help.

(10) Important Things to Remember

(a) The Client is to review everything before it is filed with the Court or sent to opposing counsel. Clients do not always respond promptly, so they need to be sent all time sensitive documents well in advance to ensure we can file the document by the due date.

(b) Client communication is the most important job of the paralegal. It is my policy to always respond to client within 24hrs, even if it just to say hey we are busy but will get back to you asap.

(c) If anything sits on your desk for more than one week, it is late! When given a project, always ask the attorney a time frame of when it needs to be completed.

(d) Meet with your attorney at least once a week to go over all the cases to assess what needs to be done next. The attorney expects the paralegal to run the case and babysit the attorney – not the other way around.

(e) If you are not sure what to do, ask! There is no such thing as a stupid question.

(f) CC the attorney on all email communications so they stay up to speed. Always communicate with your attorney as to what you are doing on a case. Attorneys will do the same. 

(g) The role of the paralegal is to be the point person for the client. If the client seeks legal advice on an issue, of course get the attorney on the phone with the client, or ask the attorney and communicate it back to the client. Tell the clients they of course can always communicate with the attorney, but they are going to pay $295 an hour. 

Paralegal Guide to Handling a Post-Decree Matter

(1) What to do when you get the client file:

(a) Identify type of case: If the case involves a post-decree issue- refer to this document.

(i) What is Post-Decree? If there has been a final decree of divorce or custody order entered, it is post-decree.    

(b) Contact the client and introduce yourself. Let the client know they have been approved and we will be moving forward with their case. Many times there is a severe disconnect between when the client retains to when they hear from our office, so I want the client to feel reassured that we are immediately working on their case.

(2)          Identify Post-Decree Issue

              (a) Custody or Visitation

                            (i) Are we seeking to change the current custody schedule?

(ii) What is the current custody schedule? This determines the legal standard to put forth in the motion (primary v. joint)

-Opposing Party has primary: Standard is Ellis v. Carruci: Must show (1) Substantial Change in the Child’s Circumstances and (2) Best interest of he child. 125.480 gives the factors a court considers in determining the best interest of a child.

-Parties share joint custody: Standard is Truax v. Truax: Only need to show best interest of the child. 125.480 gives the factors a court considers in determining the best interest of a child.

(iii) Sometimes the client just wants expanded visitation but is not seeking to change the physical custody designation. However, the same legal standards to modify custody apply in trying to modify visitation. 

(iv) The most important part of any post-decree custody motion is to articulate the very specific facts and substantiate as many facts as possible. This must be done in order to demonstrate a prima facia case in the motion to get a hearing on the custody motion.

(v) Also remember that the only issues that are relevant for a custody motion are issues that have occurred since the last custody order (with one minor exception – incidents of domestic violence unknown by the party at that time). This is important to know for purposes of drafting the motion and keeping the client-focused and in determining the likelihood of success.

(vi) We often are also seeking to modify child support along with custody. If so, we will need to file a financial declaration with the motion. Get the client started on the financial declaration right away. Make sure to give them the form.

(1) Notes on filling out a financial 

financial declarations are highly scrutinized by the court and they are what is used to determine interim support. All expenses need to be realistic and an accurate picture of what the client is currently paying. Annualize all annual or bi-annual expenses (such as car registration, car insurance, etc.). If the client is paying for his own attorney’s fees, annualize the retainer paid. Explain to the client that while we include everything, the Court is only going to consider the hard costs (i.e. costs that have a bill such as a mortgage, utilities, car payments, minimum credit card payments, daycare, etc.)

              (b) Motion to Modify Child Support                    

(i) First determine if there is a District Attorney case. If so, this is where we need to file the motion to modify child support. If not, we file it in the family court case.

                            (ii) When can you file a motion to modify child support?

-20% change in gross monthly income or it has been three (3) 

                                          years since the last child support order

(iii) All motions to modify child support must be accompanied by a financial declaration. See notes above on filing a financial declaration.

(iv) Income is of the upmost importance in a child support case so we need all documents from the client on their income and the opposing parties’ income, if needed.

              (c) Alimony

                            (i) When can you file a motion to modify alimony?

-Change in circumstances, which generally is a 20% change (up or down) in either party’s gross monthly income.

(ii) All motions to modify alimony must be accompanied by a financial declaration. See notes above on filing a financial declaration.

(iii) Income is of the upmost importance in an alimony case so we need all documents from the client on their income and the opposing parties’ income, if needed. 

              (d) Ex Parte Motion                    

(i) Ex Parte Motions come up in cases where the children are in imminent harm or danger. The standard for ex parte motions is extremely high, so we need as much evidence as possible to substantiate the allegations.

(ii) Any time we file an ex parte motion, always be sure to contact the court and let them know we are filing an ex parte motion and always send a courtesy copy of the motion to judge’s chambers.

                            (iii) A Court has 48 hours to issue a decision on an ex parte motion. 

(iv) Often the Court will set a hearing within 10 days to hear the matter.          

              (e) Motion for Order to Show Cause                                              

(i) A MOSC is to be filed when the opposing party is not complying with the terms of the prior court order. The goal is for the Court to issue an Order to show cause why the opposing party should not be held in contempt for violating the court order.

(ii) Assist client in gathering all information needed to substantiate the claims that the opposing party is violating the Court Order.

(iii) Note that a MOSC can also be filed in an active divorce or custody case.                          

              (f) Modification of Decree

(i) Sometimes there are issues in the decree that need to be clarified, modified, or removed. The range of issues is vast from modifying the tax deduction provision, an asset/debt division, etc.  Confer with your attorney on the specific basis for this motion.

              (g) Motion for Reconsideration            

(i) You file a motion for reconsideration under WDCR 12(8) under the grounds found in NRCP 50, 52, 59, and 60 or when the judge made an error of law or fact. Nevius v. Warden, 114 Nev. 664, 960 P.2d 805 (1998)

(ii) NOTE: A Motion for Reconsideration DOES NOT stay the time period to file an appeal. (WDCR 12(8))

(h)  Motion to Amend or Motion for a New Trial (NRCP 52 and NRCP         59)

(i) The time frame to file a Motion to Amend or a Motion for New Trial is 10 days from the NOE.                                    

(ii) NOTE: A Motion to Amend or Motion for New Trial stays the time period in which to file an appeal.                                                               

              (i) Motion to Set Aside Judgment Pursuant to NRCP 60

(i) This motion is used only when a default judgment is entered against our client. We have six (6) months from the NOE to file a Motion to Set Aside.

              (j) Appeal

                            (i) You have 30 days from the NOE to file an appeal to the SC

(ii) To timely appeal within the 30 days, you just need to file a Notice of Appeal with the District Court.

(3) Important Things to Know About Post Decree Matters 

(a) All post-decree matters are going to be via a motion. Be sure to calendar all deadlines associated with the motion, i.e. opposition due date, reply due date, etc. 

-If we are responding to a post-decree motion, be sure we have the opposition due date calendared asap as we will need to work fast to oppose the motion.

              (b) THERE IS NO DISCOVERY IN POST-DECREE MATTERS. Thus there is no obligation to prepare and serve a 16.2 disclosure, nor is there any subpoena power or right to serve written discovery or notice depositions.  

-Although there is no discovery, that does not mean we don’t need to do discovery. If it is determined we need discovery, we can file a motion with the court requesting to re-open discovery or stipulation with the opposing party.

(c) As there is no discovery, the important deadline is the 48 hr deadline to provide exhibits. Make sure you notify the attorney at least one week before the hearing to begin gathering exhibits. We generally also include a list of witnesses with our exhibit index.                

(4) Other Important Things to Remember

(a) The Client is to review everything before it is filed with the Court or sent to opposing counsel. Clients do not always respond promptly, so they need to be sent all time-sensitive documents well in advance to ensure we can file the document by the due date.

(b) Client communication is the most important job of the paralegal. It is my policy to always respond to client within 24hrs, even if it just to say hey we are busy but will get back to you asap.

(c) If anything sits on your desk for more than one week, it is late! When given a project, always ask the attorney a time frame of when it needs to be completed.

(d) Meet with your attorney at least once a week to go over all the cases to assess what needs to be done next. The attorney expects the paralegal to run the case and babysit the attorney – not the other way around.

(e) If you are not sure what to do, ask! There is no such thing as a stupid question.

(f) CC the attorney on all email communications so they stay up to speed. Always communicate with your attorney as to what you are doing on a case. Attorneys will do the same. 

(g) The role of the paralegal is to be the point person for the client. If the client seeks legal advice on an issue, of course, get the attorney on the phone with the client, or ask the attorney and communicate it back to the client. Tell the clients they of course can always communicate with the attorney, but they are going to pay more per hour.