Procedure

Every case is different, but most Chancery Court cases follow the same general path. Here is a simplified overview of how a case usually moves from start to finish.

1. 1

   Step 1: The Complaint

   A case begins when one side files a complaint with the Chancery Clerk explaining what they are asking the court to do. The other side is then formally served with the complaint and a summons.

2. 2

   Step 2: Answer and Counter-Complaint

   The other side files an answer responding to each part of the complaint. They may also file a counter-complaint asking the court for relief of their own.

3. 3

   Step 3: Temporary Hearing (if needed)

   When something can't wait until trial, such as custody, support, or who stays in the home, either side can ask for a temporary hearing. The chancellor (the judge in Chancery Court) can enter temporary orders that stay in place while the case continues.

4. Many cases settle or resolve by agreement along the way, often through negotiation or mediation. When the parties agree, the chancellor can approve the agreement and the case may end without a trial.

5. 4

   Step 4: Discovery

   Each side gathers information from the other through written questions, document requests, and sometimes depositions, which are interviews under oath. In family cases, both sides usually exchange sworn financial statements.

6. 5

   Step 5: Motions

   Throughout the case, either side may file motions asking the court to decide a specific issue, such as compelling the other side to answer discovery. Some motions are decided on paper, and others are set for a hearing.

7. 6

   Step 6: Pretrial and Motions in Limine

   Before trial, the court may hold a pretrial conference to narrow the issues and set the order of things. Motions in limine ask the chancellor to decide ahead of time whether certain evidence can be used at trial.

8. 7

   Step 7: Trial

   In Chancery Court, the chancellor usually hears the case without a jury. Each side presents witnesses, documents, and argument, and the chancellor decides the disputed issues.

9. 8

   Step 8: Final Judgment

   The chancellor's decision is put in a written final judgment that resolves the case. Some judgments, such as custody and support, can later be modified if circumstances change, and the deadline to appeal is short.

This overview is general information, not legal advice for any specific case. Every case is different, so please call the office to discuss yours.