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Rule 202 Motion practice for domestic relations cases

Baldwin's Kentucky Revised Statutes Annotated28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court

Baldwin's Kentucky Revised Statutes Annotated
28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Family Court
Rule 2 Court Scheduling / Motion Hour / Procedures for Filing
KY RLFC Rule 202
Rule 202 Motion practice for domestic relations cases
A. Any motion accompanied by an “Agreed Order” and any motion for default judgment may be filed with the Clerk and sent directly to the presiding Family Court Judge for his or her signature. All other motions must be noticed for a hearing at Motion Hour on a Rule Day, except for those contempt matters applying to 28RFFC 204.
B. Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Friday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge. Each motion shall be delivered to opposing counsel, or party not represented by counsel and entitled to notice, no later than 4:00 p.m. on the Friday immediately preceding the Rule Day for which the motion has been noticed. “Service” shall be as described in CR 5.02. If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery. All post-judgment motions must be served upon the opposing party.
C. Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant. The motion should contain citations to the relevant law relied upon by the movant. If the motion is complex or requires research of an issue not common to practice before the Family Court, the parties should provide an advance copy of the motion to the Family Court Judge to allow review and research prior to the hearing.
D. Any “Agreed Order,” except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.
E. Except as otherwise ordered by the Court or provided for by the Civil Rules or other Supreme Court Orders as relates to e-filing, the Clerk shall only accept for filing original pleadings, motions, memoranda, proposed orders and other papers. Facsimiles, emails or other copies shall not be filed except as exhibits to an otherwise properly filed document.
F. All pleadings, motions, memoranda, proposed orders and other papers to be field with the Court shall be printed or typewritten on one side only of unglazed white paper which is 8.5 inches by 11 inches in dimension, in size 12 font or larger (excluding footnotes), double spaced (except for indented quotations and footnotes), and with at least a one inch margin on each side. All documents exceeding a single page in length shall be paginated. This Rule shall not apply to AOC or other official agency approved forms.
G. Except as otherwise ordered, when filing pleadings, motions, memoranda or other papers, counsel shall not file copies of relevant reported or un-reported cases or other cited authority unless such case or other authority is unavailable through the use of traditional or computer assisted legal research methods. Counsel may, at a hearing on a pending motion, tender to the Court copies of relevant authority.
H. When a pending motion is passed or continued at the request of or by agreement of counsel, it shall be the moving party's obligation to re-notice in writing the motion in accordance with these Rules and the Civil Rules.

Credits

HISTORY: Adopted effective March 10, 2016.
Lincoln, Pulaski and Rockcastle Family Court Rule 202, KY R LINCOLN FAM CT Rule 202
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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