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FCRPP 2 Preliminary matters

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
II. Dissolutions and Property Division
Kentucky Family Rules of Practice and Procedure FCRPP 2
FCRPP 2 Preliminary matters
Currentness
(1) Original Pleadings. All original pleadings, including forms, in a dissolution action shall be signed by the preparer, filed with the clerk of the court, and if applicable, shall include, unless otherwise ordered by the court, the following:
(a) A verified petition;
(b) Proof of service;
(c) A verified response, or a verified entry of appearance in lieu of a response;
(d) Unless waived by the court pursuant to KRS 403.180(4)(b), a verified separation agreement;
(e) The Final Verified Disclosure Statement;
(f) A verified waiver of notice of final hearing;
(g) A verified deposition or interrogatories for proof of the allegations of the petition if done without a hearing;
(h) A divorce education certificate; and
(i) A child support work sheet.
(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.
(6) Case Management.
(a) Mediation.
(i) The parties may agree to mediate at any time. After notice and opportunity to be heard and unless prohibited by KRS 403.036 (domestic violence), the parties may be ordered to mediate any issues before further proceedings.
(ii) Within 10 days of a final mediation, if the parties have been unable to resolve all issues, the petitioner shall file a motion for a case management conference or final hearing date, unless previously scheduled by the court.
(b) Case Management Conference.
(i) Unless notice is given to the court that a case is being mediated, within 60 days of service of the petition upon the respondent, the petitioner shall file a motion for a case management conference.
(ii) Both parties and their counsel shall attend the conference, unless otherwise ordered by the court.
(iii) Each party shall file the following documents at least 7 days prior to the conference:
(a) Any related motions; and
(b) Any stipulations or agreements reached.
(iv) In the event of failure of a party or parties to appear at the conference, the court may, in accordance with its order, conduct a hearing in which proof may be taken or the case dismissed, as the court may determine appropriate.
(7) Trial. The trial shall not be continued except as otherwise ordered for good cause shown on the record.
(8) Temporary Motions.
(a) Any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief, and if granted, shall be set for hearing with all parties at the earliest available date.
(b) Any pendente lite motions shall be served on the opposing party and set for a hearing before the court unless otherwise agreed to by the parties.

Credits

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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