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Rule 9 Miscellaneous

Baldwin's Kentucky Revised Statutes Annotated27th Judicial Circuit - Knox and Laurel Family Court

Baldwin's Kentucky Revised Statutes Annotated
27th Judicial Circuit - Knox and Laurel Family Court
KY RKLF Rule 9
Rule 9 Miscellaneous
901. Mediation
A. If ordered, the parties shall engage in mediation unless the exceptions under KRS 403.036 apply. Any cost of the mediation shall be allocated as deemed just by the Court.
B. The parties shall attend mediation. If a party fails to appear at a duly noticed mediation conference without good cause the Court, upon show cause motion and hearing, may impose sanctions, which may include an award of attorney fees and other costs against the party failing to appear.
C. Confidentiality.
(1) Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed except for the agreement to mediate and mediation agreement. Except as to the agreement to mediate and mediation agreement, all mediation documents are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding.
(2) Mediation proceedings shall not be considered a public record.
(3) There is no confidentiality and no restriction on disclosure under this rule to the extent that:
(a) All parties consent in writing to disclosure; or,
(b) The mediation communication or mediation document gives the mediator knowledge of or reasonable cause to suspect that a child or a spouse has been abused or a child has been neglected; or,
(c) The mediation communications were made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or fraud.
(4) Nothing in this rule shall be construed so as to permit an individual to obtain immunity from prosecution for criminal conduct.
D. Reporting to the Court.
(1) The mediator shall notify the Court promptly when a case is not accepted for mediation.
(2) At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.
(3) If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement, as in any other case, or the mediator may prepare a mediation agreement which shall be signed by the parties and filed in the record.
(4) At the conclusion of cases accepted for mediation, the mediator shall report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court.
902. Timesharing Guidelines
A copy of the Knox/Laurel visitation guidelines are attached hereto as Appendix B. A copy may be obtained by contacting Family Court Judge's office or on the Knox/Laurel Family Court webpage on the Kentucky Court of Justice website.
903. Copy of Record of Confidential Proceedings
A copy of audio and/or video proceedings regarding any confidential proceeding shall be provided only to parties or attorneys of record upon motion and hearing before the Court.
904. Protection of Personal Identifiers
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405 and 407 by providing the personal identifying information required in those chapters. However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Clerk of the Court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the Court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy of specific orders of the Court. As used in this section, “personal identifier” means a Social Security number or taxpayer identification number, date of birth, or financial account number.

Credits

HISTORY: Amended effective Nov. 9, 2016. Adopted effective July 12, 2012.
Knox and Laurel Family Court Rule 9, KY R KNOX FAM CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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