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Proposed Rule Amendment Concerning Captions in Family Law Cases

The Family Law Rules Committee invites comments on the proposed rule amendment anticipated to be included in a report to the court concerning captions in family law cases.

Interested persons have until November 30, 2020, to submit any comments, electronically, to Cory Brandfon, chair of the Family Law Rules Committee, nd to the Bar staff liaison Mikalla Davis.

Proposal Summary

Rule 12.100 (Pleadings and Motions) 17-0-0 The rule is amended to make captions in family law cases gender neutral.

A new subdivision (c)(1) is added to replace (c)(2). The new subdivision provides guidance on the caption of the case and allows the court for good cause to change the caption.

The prior (c)(1) is renumbered as (c)(2).

In subdivision (c)(2)(A)(i), “Husband” and “Wife” are replaced by “Petitioner” and “Respondent.”

In subdivision (c)(2)(A)(ii), “Former Husband” and “Former Wife” are replaced by “Petitioner” and “Respondent.” At the end of the subdivision, “first and” is replaced by “the supplemental petition” for greater clarity.

In subdivision (c)(2)(B)(i), “Husband” and “Wife” are replaced by “Petitioner” and “Respondent.”

In subdivision (c)(2)(C), “Husband” and “Wife” are replaced by “Petitioner” and “Respondent.” At the end of the sentence,

Full Text of Proposal

Gender Neutral Full Text and Publication Chart