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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
(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) A verified separation agreement, unless filing is waived by the court pursuant to KRS 403.180(4)(b);
(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, if required by the court; and
(i) A child support work sheet.
(2) Multiple Actions. When actions concerning the same underlying claims are filed in different circuit courts within this state, 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 proper venue.
(3) Preliminary Mandatory Disclosure. A preliminary disclosure statement, which is verified and contains the information required in 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 21 days thereafter but the disclosures shall not be filed in the record unless ordered by the court or required by local rule.
(4) Execution of Releases. Within 14 days of receiving a written request, made outside of formal discovery, for a signed release for specific information and/or documents, the party requested shall sign and return the release(s) unless a motion is made pursuant to CR 26 for a protective order. Such release(s) shall contain a provision directing that any information and/or documents provided to the requesting counsel or pro se party shall simultaneously be provided to opposing counsel or the pro se party, all at requesting party's expense. Non-compliance with this rule may be grounds for a motion to compel discovery pursuant to CR 37.
(5) Status Quo Orders.
(a) Financial Matters: Without limiting a party's relief under CR 65, upon notice and evidentiary hearing, a court may enter a temporary status quo order preserving and maintaining the marital estate and assigning responsibility for payment of ongoing expenses. Any such order may be entered on the official AOC form, AOC-237 (Status Quo Order), and may include, but is not limited to, the provisions contained in Appendix A.
(b) Parenting Conduct: If the court believes that it is in the best interest of the child, the court may, either sua sponte or on motion of a party, enter a parenting status quo order. Any parenting conduct order may be entered on a form prescribed by the Administrative Office of the Courts and may include, but is not limited to, any provision contained in Appendix B. The provisions in Appendix B are not binding upon the parties unless ordered by the court in the action.
(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 14 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. No case shall be dismissed based solely on a party's failure to attend the case management conference without the issuance of a show cause order and service of that order on the absent party and counsel of record, if any, by mail to his or her last known address. The notice shall clearly and plainly state that failure to attend the next scheduled court appearance could result in dismissal of the action and termination of all temporary orders, including temporary orders of custody, parenting time, time-sharing, visitation, child support, and maintenance,
(7) Trial. The trial shall not be continued except as otherwise ordered for good cause shown.
(8) Temporary Motions.
(a) All ex parte motions shall either be verified or supported by an affidavit, one of which states sufficient grounds for a restraining order or injunctive relief under CR 65; if granted, the motion 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.
(c) Simultaneously filed motions may be supported by a single affidavit.
(9) Contempt Motions, Generally
(a) All motions for contempt shall include the date of entry and specific provision of the order allegedly violated.
(b) All motions for contempt shall be under oath, either verified or accompanied by affidavit, and describe with particularity the conduct claimed to violate the court's order.
(c) When contempt is alleged by motion, the court shall make an initial determination whether there is sufficient cause to believe its order was violated. If the court determines sufficient cause does not exist, then no show cause order shall be issued; otherwise, once service of the show cause order is effectuated on the alleged contemnor or his or her counsel, if any, the court shall schedule an evidentiary hearing.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules FCRPP 2, KY ST FAM CT FCRPP 2
Current with amendments received through January 15, 2020.
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