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Rule 2 Court scheduling/motion hour/procedures for filing

Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts

Baldwin's Kentucky Revised Statutes Annotated
39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts
KY BPWF Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing
Currentness
201 REGULAR MOTION HOUR SCHEDULE
A.
MONDAY- POWELL FAMILY COURT
Motion Hour shall be held on Monday for all Powell County Family Court actions pursuant to the following monthly schedule:
1st Monday
9:00 a.m.
Emergency DNA/Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Juvenile Dependency, Neglect & Abuse actions
2nd Monday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
3rd Monday
9:00 a.m.
Emergency DNA/Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Paternity/Motions and Hearings
Child Support (“J” cases)
Child Support (“CI” cases)
Motions for: Show Cause/Modification/Arrearages/Wage Assignments
1:00 p.m.
Civil Child Support/Paternity Contempt Hearings
Juvenile Status Offenses
4th Monday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
11:00 a.m.
Juvenile Dependency, Neglect and Abuse
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
B.
TUESDAY-WOLFE FAMILY COURT
Motion Hour shall be held on Tuesday for all Wolfe County Family Court actions pursuant to the following monthly schedule:
1st Tuesday
9:00 a.m.
Emergency DNA/Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Juvenile Dependency, Neglect & Abuse actions
2nd Tuesday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
3rd Tuesday
9:00 a.m.
Emergency DNA/Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Paternity-Motions and Hearings
Child Support (“J” cases)
Child Support (“CI” cases)
Motions for: Show Cause/Modification/Arrearages/Wage Assignments
Civil Child Support/Paternity Contempt Hearings
Juvenile Status Offenses
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
4th Tuesday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
1:00p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
C.
WEDNESDAY--BREATHITT FAMILY COURT
Motion Hour shall be held on Wednesday for all Breathitt County Family Court actions pursuant to the following monthly schedule:
1st Wednesday
9:00 a.m.
Emergency DNA/ Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Paternity/Motions and Hearings
Child Support (“J” cases)
Child Support (“CI” cases)
Motions for: Show Cause/Modification/Arrearages/Wage Assignments
Civil Child Support/Paternity Contempt Hearings
2nd Wednesday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
3rd Wednesday
9:00 a.m.
Emergency DNA/Status/ bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Juvenile Status actions
Juvenile Dependency, Neglect & Abuse actions
4th Wednesday
9:00 a.m.
Emergency DNA/Status/bench warrants served Hearings
Domestic Violence Hearings
9:30 a.m.
Domestic Motion Hour
Uncontested Motions to Submit
Temporary: custody/timesharing/child support/maintenance/status quo
Motions for Final Hearing Dates: Divorce/Custody/Timesharing/Adoption/TPR
Motions for: Mediation/Pre-trial/Case Management Conferences
Motions for: Summary Judgment/Default Judgment/Show Cause/Contempt
Motions to Compel
Motions for Appointment/Fees: Guardian Ad Litem/Warning Order Attorney
1:00 p.m.
Previously set Case Management Conferences/Final Evidentiary Hearings
D. Thursdays and Fridays are reserved for case management conferences, emergency, special and final evidentiary hearings as set by the Court in Breathitt, Powell or Wolfe County.
E. All motions shall be timely filed, noticed for hearing on a date and time certain, and served on all parties and counsel pursuant to 39FCRP 203. Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.
F. Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number, facsimile number and original signature of the attorney and/or party signing the paper, except when submitted by the Judge for filing. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
G. All orders, decrees and judgments tendered to the court shall contain the words “Prepared By” above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.
H. Motions in Paternity/Child Support, Dependency, Neglect and Abuse, Status Offense and Domestic Violence actions shall be scheduled for the appropriate and regularly scheduled docket.
I. Emergency Dependency, Neglect and Abuse and Status motions may be heard on any day of the week, with appropriate notice to the parties, upon approval of an assistant county attorney and upon approval of the Family Court Judge. Non-emergency Dependency and Status motions shall be noticed for the appropriate and regularly scheduled docket.
J. Arraignments on paternity bench warrants served shall be heard on the appropriate and regularly scheduled Paternity docket or on the emergency docket with notice to the county attorney.
K. Motions in dissolution of marriage, custody, visitation/timesharing, adoptions, and termination of parental rights actions shall be heard on the appropriate and regularly scheduled Domestic Motion Hour docket.
202 EXCEPTIONS TO REGULAR MOTION HOUR SCHEDULE
There shall be no Motion Hour during any scheduled Judicial College or the Kentucky Bar Association Annual Meeting. If the courthouse is closed for any reason, i.e. Holiday, inclement weather, or the unavailability of the Family Court Judge, then all Motions shall be passed to the next appropriate regularly scheduled Motion Hour in that county unless otherwise ordered by the Family Court Judge.
203 DEADLINE FOR SERVING AND FILING MOTIONS
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county by the close of business no later than seven (7) days prior to the scheduled Motion Hour. Motion Hour in Powell County is scheduled on the first four (4) Mondays of each month. Motions to be heard on a Monday Motion Docket shall be filed and served on or before the close of business on the preceding Monday, unless that Monday falls on a holiday or a day when the Powell Circuit Court Clerk's Office is closed, in which event, by the close of business on the preceding Friday. Motion Hour in Wolfe County is scheduled on the first four (4) Tuesdays of each month. Motions to be heard on a Tuesday Motion Docket shall be filed and served on or before the close of business on the preceding Tuesday, unless that Tuesday falls on a holiday or a day when the Wolfe Circuit Court Clerk's Office is closed, in which event, by the close of the business day next preceding that Tuesday. Motion Hour in Breathitt County is scheduled on the first four (4) Wednesdays of each month. Motions to be heard on a Wednesday shall be filed and served on or before the close of business on the preceding Wednesday, unless that Wednesday falls on a holiday or a day when the Breathitt Circuit Court Clerk's Office is closed, in which event, by the close of the business day next preceding that Wednesday. All motions not timely filed shall be re-noticed for hearing on a date and time certain.

Credits

HISTORY: Adopted effective May 5, 2012.
Breathitt, Powell and Wolfe Family Court Rule 2, KY R BREATHITT FAM CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document