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Rule 1 Introduction and adminstrative procedure

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Family Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Family Court
KY BCWF Rule 1
Rule 1 Introduction and adminstrative1 procedure
Currentness
101 Preface
A. These are the Uniform Rules of Court Practice and Procedures for the Fourteenth Judicial Circuit Family Court in Bourbon, Scott and Woodford Circuit Courts, Family Divisions, hereinafter referred to as Family Court. These rules supplement the Kentucky Family Court Rules of Procedure and Practice (FCRPP), the Kentucky Rules of Criminal Procedure (RCr), the Kentucky Rules of Civil Procedure (CR). All previous rules adopted by the Fourteenth Judicial Circuit Court relating to Family Court matters are hereby rescinded.
B. The Kentucky Rules of Civil and Criminal Procedure and the General Jurisdiction Rules of Practice and Procedure of the Fourteenth Judicial Circuit shall apply to family law matters to the extent they are not inconsistent with the Kentucky Family Court Rules of Procedure and Practice (FCRPP) and these Rules.
C. Pursuant to FCRPP 1(3), self-represented litigants shall be held to knowledge of these rules the same as parties represented by counsel.
D. Circuit Clerks are not allowed to give legal advice, intervene in, comment on individual cases or assist in the written completion of any forms.
E. The Court may assess costs and fees or impose appropriate sanctions against a party or counsel not complying with these rules.
102 Effective Date
A. These rules shall apply with full force and effect to all actions filed or pending thirty (30) days after approval by the Chief Justice of the Kentucky Supreme Court and promulgation by order of the judge of the 14th Judicial Circuit Family Court.
103 Citation and Style of Cases
A. These rules shall be cited as 14th Family Court Rules of Procedure (14th FCR).
B. Cases filed in the Family Court shall be styled as follows:
1. Caption:
COMMONWEALTH OF KENTUCKY
__________ CIRCUIT COURT
DIVISION III FAMILY
CASE NO: __________
2. As set forth in KRS 403.130(2), a proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled “IN RE THE MARRIAGE OF ..........” A custody or support proceeding shall be entitled “IN RE THE (CUSTODY) (SUPPORT) OF ..........”
104 Assignment of Cases
104.1 Jurisdiction
The Family Court is a division of Circuit Court with jurisdiction in accordance with KRS 23A.100 and related provisions, and shall be referred to as Bourbon, Scott, or Woodford Circuit Court, Division III, Family Court.
104.2 Appeals from Family Court
Pursuant to KRS 22A.020(1) and CR 73.01(2), any appeal of an action originating in the Family Court Division of Circuit Court shall be taken to the Court of Appeals.
105 Related Cases
A. At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any. A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, neglect or abuse, or domestic relations case. A case is considered related if:
1. It involves the same parties, children, or issues and is pending when the Family Court case is filed; or
2. It affects the Family Court's jurisdiction to proceed; or
3. An order in the related case may conflict with an order on the same issues in the new Family Court case; or
4. An order in the new case may conflict with an order in the earlier case.
B. This notice should state:
1. The name of the case(s);
2. Identify the petitioner and respondent, case number and division;
3. If the case has been decided or is still pending (Note: a case is pending until a child is eighteen (18), has graduated high school or is emancipated as a court's jurisdiction may extend to that event);
4. Name of Court where case was decided or is pending;
5. The relationship of the case(s) including if the case:
a. Involves the same parties, children, or issues; or
b. May affect the Family Court's jurisdiction; or
c. An order in a related case may conflict with an order in this case; or
d. An order in this case may conflict with a previous order in a related case; and
6. Provide a brief statement as to the relationship of the case(s).
C. The parties shall have a continuing duty to inform the Family Court of any related cases in this or any other jurisdiction or state that could affect the current proceeding.
D. Pursuant to CR 42.01 and in an effort to conserve judicial resources and promote an efficient determination, when actions involve common issues or common parties or where duplicative evidence may be required before the same Court, the Court may order or a party may motion the Court for such to be heard in both cases simultaneously, but the court files shall be maintained separately.
E. To further promote an efficient determination of family law matters, the Circuit Clerk shall bring to the call of the docket the court files of all related cases within the knowledge of the Circuit Clerk and maintained locally, regardless of whether the parties have identified them. To aid the Family Court Judge who may be in another county within the circuit but seeks access to case information through the court case management system, related cases within the knowledge of the Circuit Clerk shall be listed by the Circuit Clerk in the court case management system cross reference sections of such related cases.

Credits

HISTORY: Adopted effective April 29, 2012.

Footnotes

1
So in original.
Bourbon, Scott and Woodford Family Court Rule 1, KY R BOURBON SCOTT FAM CT Rule 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document