FCRPP 2 Preliminary matters
Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice
Kentucky Family Rules of Practice and Procedure FCRPP 2
FCRPP 2 Preliminary matters
(2) Multiple Actions. When actions concerning the same subject matter are filed in different circuits, the first action filed shall be the controlling action, subject to transfer by the court of that circuit on a motion for forum non conveniens or other appropriate legal grounds. A motion for transfer shall be filed prior to or with the response. On notice to the parties, the courts in both circuits may confer concerning the proper venue.
(3) Preliminary Mandatory Disclosure. A preliminary verified disclosure statement which contains the contents of the official AOC form, AOC-238, Preliminary Verified Disclosure Statement, shall be exchanged between the parties within 45 days of service of the petition on the respondent, and objections thereto shall be exchanged 20 days thereafter but the disclosures shall not be filed in the record unless ordered by the court or required by local rule. The official AOC form, AOC-238, is available for use in compliance with this rule.
(4) Exchange of Information and Documents. The parties shall sign and return specific releases for relevant information and documents unless objected to in writing. Such releases shall contain a provision directing that any information and/or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party, at requesting party's expense. Upon objection, the requesting party may file a motion to compel.
(5) Status Quo Orders. Without limiting a party's relief under CR 65, upon notice and opportunity to be heard, a court may enter a status quo order regarding disposition of the marital estate. Any such order may be entered on the AOC-237. A status quo order may include but not be limited to the following:
(a) Neither party shall, except as necessary to pay reasonable living expenses, incur unreasonable debt, sell, encumber, gift, bequeath or in any manner transfer, convey or dissipate any property, cash, stocks or other assets currently in their possession or in the control of another person, company, legal entity or family member without permission of the court or an agreed order signed by both parties or their attorneys.
(b) Neither party shall allow the cancellation or lapse of any health, life, automobile, casualty or disability insurance currently covering themselves or a family member or change the named beneficiaries on such policies prior to receiving permission of the court or filing an agreed order signed by both parties or their attorneys.
HISTORY: Amended by Order 2017-14, eff. 1-1-18; prior amendments eff. 7-1-15 (Order 2015-15), 1-1-15 (Order 2014-21), 1-1-13 (Order 2012-2); adopted eff. 1-1-11
KY Family Court Rules FCRPP 2, KY ST FAM CT FCRPP 2
Current with amendments received through April 1, 2019.
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