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Rule VII Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Family Court

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial Circuit - Garrard and Jessamine Family Court
KY RGSF Rule VII
Rule VII Domestic relations practice
Currentness
7.01--Divorce Education Classes
The Court may order completion of a divorce education class for parties involved in dissolution proceedings or in an action for an initial establishment of custody. If parties are ordered to complete said class, they are free to utilize any provider who customarily provides educational services designed for people undergoing divorce and/or child custody litigation as long as it substantially complies with the current requirements found in the Parent's Education Clinic (4 hour class provided by a Qualified Mental Health Professional).
If divorce education is ordered in a case, the Court will not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record. Failure to complete the class may result in sanctions which include a party's custodial rights being unenforceable by contempt until such time as the party completes the class and files proof of same into the record.
7.02--Status Quo Orders
The Court may order the entry of a Status Quo Order. The Court will use the standard Status Quo Order form (AOC Form 237) or may accept an Order drafted specific to the case when necessary if the Court finds it appropriate to enter a Status Quo Order in a dissolution case
7.03--Mediation
The Court may order mediation at the initial court appearance or any time thereafter. If both parties otherwise agree to mediate and wish to use court mediation, they may contact the Judge's office to set up a mediation date. Counsel for the parties will then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place that the mediation will occur. Parties and/or their counsel are not required to use court mediation and may use any certified mediator. Mediators are not subject to subpoena.
7.04--Case Management Conferences. FCRPP 2(6).
Upon request of either party or on its own motion, the Court may set a Case Management Conference. Case Management Conferences are thirty (30) minutes. The purpose of said Conference is to allow the Court to determine what issues remain unresolved, to determine how much time the Court needs to allot for a Final Hearing, and get a general picture of the status of the case at that time.
The Court requires Case Management Conferences to be attended by parties and counsel. Excusal of attendance of a party shall be only upon proper motion for good cause shown prior to the Conference.
Parties are free to file motions to be heard at the Case Management Conference. Motions must be filed at least seven (7) days prior to the Conference. The Court reserves the right to determine which matters, if any, it shall hear at the Conference or pass them to a later date.
7.05--Final Hearings
Upon proper motion, the Court will set a contested matter for an extended, Final Hearing. The Court does reserve the right to set any matter for a Case Management Conference if it is revealed that the matter is not ready for a Final Hearing.
The Court requires that all parties and/or their counsel certify that all discovery is complete and that a good faith attempt at settlement has been attempted and that it has failed before a Final Hearing is set. A good faith attempt at settlement contemplates a meeting of counsel and the parties together unless cause is shown which makes this either impractical or the parties are subject to a no-contact Domestic Violence Order.
The Court will enter a pre-trial order which will require:
1. a summary of the general facts;
2. statement of any stipulated facts;
3. a listing of all issues of fact and law for adjudication;
4. a concise statement of each general issue in dispute which is to include argument with ample supportive citations of authority pertinent to each issue of fact and law;
5. conclusions setting forth the specific relief sought from the Court;
6. a witness list, trial exhibits, etc; [N.B. No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.]
Further the pre-trial order will include:
7. a directive that the record will close at the conclusion of testimony and that the record will not be supplemented;
8. a statement that should a party be unready on the date of the hearing and a continuance is sought, the Court may require the matter to be submitted by deposition and the costs will be allocated equitably; and
9. a statement that generally the parties will be called to testify as the first two witnesses upon direct and cross examination. This will be especially true when custody and parenting time are at issue. Other witnesses should be scheduled for later in the day.
The parties may, in the alternative, request to submit all proof by deposition and request a decision upon review of the record.
7.06--Uncontested Divorce
Pursuant to FCRPP 3(1), parties may submit a decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage. An uncontested matter may be scheduled to be heard at the convenience of the Court without a personal appearance.
7.07--Waiver of Disclosures
FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements. In lieu of filing said disclosures, parties may waive the filing of disclosures for good cause upon proper motion and approval by the Court.

Credits

HISTORY: Amended effective March 12, 2007; September 26, 2012.
Garrard and Jessamine Family Court Rule VII, KY R GARRARD JESSAMINE FAM CT Rule VII
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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