The judge does not have the power to impose substantive orders other than those reached
on by agreement of the parties, except in exceptional circumstances.
A Parenting Coordinator shall
serve by agreement of the parties or formal order of the court, which shall clearly and specifically define the Parenting Coordinator's scope of authority and responsibilities.
The most significant changes relate to the Expedited Procedure Rules (Article 30 and Appendix VI) which will now be the default rules for claims under USD 2 million, and may also be used for larger
claims by agreement of the parties.
(5) The party which appointed the first arbitrator may give the party in default of appointment written notice that, if the second arbitrator is not appointed within 14 days of receiving the notice, the first arbitrator shall be the sole arbitrator whose Award shall be binding on both parties as if originally appointed sole
arbitrator by agreement of the parties.
In conclusion, it is important to note that if either you or your spouse does not wish to abide by your separation agreement, it may be negotiated and
altered by agreement of the parties.
The commentary says: «the Working Group considers that this is an issue to be
addressed by agreement of the parties rather than by way of a default statutory provision... «However, there may be situations where the parties do not agree.
A: If the judge finds that unrestricted or unsupervised parenting time endangers the child, the judge can order that the parenting time be either supervised in a clinical setting, supervised by a professional supervisor outside a clinical setting, or supervised by someone
chosen by agreement of the parties.
Courts do not surrender their jurisdiction to resolve controversies,
even by agreement of the parties, unless it can be demonstrated on an ongoing basis that the tribunals to function in their stead are capable of providing an equivalent or superior «fairness,» or, as it is more technically described in the law, «due process.»
However, the fact that property may be excluded from the marital property «pool,»
by agreement of the parties in a Maryland Rule 9 - 207 joint statement, does not mean that the court may not consider such non-marital property as a factor in its equitable distribution of the remaining marital property.
(c) matters which may be disposed either
by agreement of the parties or by a court's decision such as share of expenses arising from marriage or partition of a decedent's estate (These are called Otsu - type matters.)
The Court suggested that the non-publication order in the present case be scaled back (
by agreement of the parties) as it unnecessarily covered information that would not have a negative impact on fair trial rights, i.e. background information that is readily available to and known to the public.
By contrast, where a lawsuit is terminated with a final order, either an order by a judge or a Consent Dismissal Order (
by agreement of all parties), the lawsuit can not be brought back to life.
Four adults could have injured the child, but
by agreement of all parties (a concession criticised by the Court of Appeal), the grandmother and her partner were eliminated from the court's and the local authority's investigation.
[138] ALRI recommends that section 44 (2) be repealed, such that the only appeal route to the courts will be
by agreement of the parties.
Whether the client is a plaintiff or defendant, a corporation or an individual, the goal is to bring the litigation to a successful conclusion as soon as possible, either
by agreement of the parties, or by decision.
Because of the dominance of a litigation model in native title negotiations, the relationship between the State and the native title claim group begins with the filing of a native title claim and tends to end with the resolution of that claim either through litigation or
by agreement of the parties.
A schedule is created either
by agreement of the parties or court order after a trial.
One of the great things about mediation is that you can invite professionals to the mediation sessions (
by agreement of both parties, of course) who can be very helpful with joint questions.
A. Spousal support, sometimes known as alimony, is awarded in Michigan divorce at the discretion of the court or
by agreement of the parties.
By agreement of all parties, the litigation was divided into two stages.
(5) The time for response under subsection (4) may be extended
by agreement of the parties or by an order under section 5 - 1 [pre-hearing conference] of these bylaws.