Rule 8.05 and Intentional Infliction of Emotional Distress
June 3, 2019 § 1 Comment
UCCR 8.05 should make everyone’s job in chancery court a lot easier. But lawyers, in their eternal ingenuity for contriving ways to complicate nearly all of creation, turn them into an implement of torture that they inflict on the court.
Chancellor Haydn Roberts of Rankin County presented this material at the Bar’s Family Law Section Hot Tips Seminar recently:
How to Confuse, Frustrate and/or Anger a Judge with an 8.05
Seriously, it happens often!
Don’t Prepare an an 8.05
Rule 8.05 states: “Unless excused by Order of the Court for good cause shown, each party in every domestic case involving economic issues and/or property division shall provide the opposite party or counsel, if known, an 8.05 in compliance with subparts (a) and (b) of the rule
Speights v. Speights, 2016-CA-01691-COA
Prepare your client’s 8.05 in the lobby, hallway or parking lot immediately preceding trial
Most of us Judges aren’t stupid and can tell when an 8.05 is prepared in this fashion
Common errors when this happens include unsigned 8.05s, incomplete property asset listing, incomplete debt listing and amounts, confusing expenses, pages
missing,
AND MY FAVORITE – misspelled children’s names and inaccurate birthdays
Don’t Bring Copies
You need a minimum of 5 copies (6 with a GAL)
Your copy
Counsel opposite
The Court
Evidence
Copy for the witness
GAL copy
Deflate Income
Gross income – “total income from all sources before deductions, exemptions or other tax deductions
Includes wages, investment income, gifts from friends, rentals, social security, pension, child support, etc…
Overtime hours count
Be careful as the Judge may ask for a recent loan application from your client, wherein he/she must report his/her income
See, 2017-CA-1476 SCT; Tracy Marie Miles Williams v. Brent Reid Williams; affirmed 01/17/19; and Trim v. Trim 33 So.3d 471 (Miss. 2010)
Inflate Expenses
If your client’s expenses far exceed his/her income, and he/she doesn’t have much debt…SOMETHING ISN’T CORRECT
Single person in an apartment shouldn’t incur $1200/month in food and household items BUT single person raising multiple children will incur at least that much
Most client’s don’t have much “household maintenance”
Pet expenses, yard expenses, miscellaneous, entertainment should be ACTUAL and know what those items entail
Double-dip Expenses
Some insurance is listed as a deduction
Don’t use health insurance as a mandatory deduction and then also an “insurance expense”
Same with life insurance, property insurance, rental insurance, automobile insurance, personal property insurance, umbrellas
Intermingle Expenses
Use columns
Expenses could be current, past, future
Expenses could be single, family/household, and/or spouse + child(ren)
Keep it realistic even if speculative
Fail to Update
Time Lapse between temporary hearing and final may mean different information
When you update an 8.05 tell the Court
Witness/Client should know the differences and WHY there are differences
If Client has new employment, attach new pay stub
Mislabel property
Make sure personal property matches
“Grandma’s antique roll top desk” on wife’s 8.05 is the same as “desk in bedroom” on husband’s 8.05
2012 Accord on wife’s 8.05 is the Blue Honda on husband’s 8.05
Watch the models, years, makes, account numbers, bank names, creditors’ names
Mark property value/equity as “unknown”
If you list an asset or debt as “unknown” and the opposite party has a value, the Judge will likely use that value
Be prepared to give a value even if it’s an educated guess
Be prepared to discuss the other party’s value(s) and why it/they are wrong
REMEMBER – asset value as to “stuff” is garage sale value, not brand spanking new
Who Needs Statements? [i.e., Documentation]
Debts should be corroborated by statements
Helps if they are at or near date of demarcation you are requesting
Retirement accounts
Bank accounts with substantial balances
Other accounts
Church Donations
This not a way to equalize income to expenses
If client makes church donations during a court matter, they should KNOW the following:
Church’s name
Church’s location
What service time they attend
Preacher’s name
Some previous posts on how to improve your 8.05’s are here, here, and here. Or type “8.05” in the search box to access a plethora of posts on financial proof and 8.05’s.
The Better Chancery Practice Blog 
The explanation/questions regarding Church Donations made me smile.
Church’s name
Church’s location
What service time they attend
Preacher’s name