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.

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