Many cases don’t need a review hearing. However, sometimes active cases contain procedures that don’t fit definite timelines. Custody evaluations are one example. Therefore, it doesn’t always make sense to schedule formal hearings at a particular time.
Instead, the court can hold a review hearing. This helps the judge learn:
- Where the parties stand on the issues,
- What’s been resolved through ADR processes or direct negotiation,
- What are the next steps for moving the case along.
Review hearings can be a useful way for the parties to retain flexibility with how they proceed. At the same time, they provide the judge a way to make sure the parties are nudged toward some outcome on the case.
Review hearings may be held in person or by phone conference. In the case of a phone conference, typically only attorneys and the judge need to be on the call.
Typically a judge will not decide any new issues at the hearing unless there is a motion properly before the court or the parties agree to some change in what they’ve been doing.
Special Case: Six-Month Review Hearing
The review hearing typically occurs before the case has been decided and a divorce decree has been entered. The 6-month review hearing is a notable exception to this. This hearing is optional and designed to occur after a final decision has been made.
The six-month review hearing may involve two issues: Compliance with parenting time provisions of the order and whether child support is current.
In order to start the proceeding, either party only needs to submit a request for hearing form with the court. This needs to be done within six months of the entry of the decree or order.
The process is designed to make it easy for one side to get back into court if the other party is not complying with the order.
If you have more questions, please review the links to the left, head back to the MN Family Law Attorney home, or visit Majeski Law. If you’re interested in retaining an attorney, please feel free to email or call using the links in the upper right.