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Rule 2.05 Contempt, motions for contempt of court, restraining orders or injunctions

Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Family Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial Circuit - Hardin Family Court
Hfcrpp 2. Court Scheduling / Motion Hour / Procedures for Filing
KY RHFC Rule 2.05
Rule 2.05 Contempt, motions for contempt of court, restraining orders or injunctions
Currentness
Contempt motions involving all Family Court cases shall be heard by the presiding Family Court Judge and shall be noticed for a hearing pursuant to the Court's docket as contained in HFCRPP 2.01/Appendix 1, or at any other time in the sole discretion of the presiding Family Court Judge for judicial economy and in the following manner:
The party moving for a rule against another party in a Family Court case shall file the following with the clerk:
A. A motion for a rule and for a hearing date which shall be set by the Family Court Judge or his/her staff.
B. An affidavit setting forth facts supporting the motion.
C. An order incorporating the allegation of the affidavit and setting the date which will be provided by the Judge or his/her staff, for the responding party to appear and show cause why he/she should not be held in contempt, e.g.:
[CAPTION]
On __________, Respondent/Petitioner was ordered to pay/do __________. Petitioner/Respondent has filed an affidiavit1 showing prima facie that the Respondent/Petitioner has failed to __________.
WHEREFORE, IT IS HEREBY ORDERED that the Respondent/Petitioner appear in the Court on ___ at ___ am/pm to show cause why he/she should not be held in contempt of Court.
This ___ day of __________, 20 ___.
 
 
JUDGE, HARDIN CIRCUIT COURT
FAMILY COURT-DIVISION
FAMILY COURT-DIVISION
 
 
D. Proposed Findings of Fact, Conclusions of Law and Order, or if the responding party is subsequently found to be in contempt, shall be tendered by the prevailing party at the request of the presiding Family Court Judge.
E. The Clerk shall submit these papers to the presiding Judge. If the affidavit shows prima facie that the responding party is in violation of a previous court order, the show cause order will be signed, a hearing date set by the Family Court Judge or Court Staff, and all papers returned to the Clerk's Office.
F. If appropriate fees, if any, have been paid, the motion, affidavit and order will then be served on the responding party as follows:
1. Pre-Judgment Proceedings--A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. “Service” shall be pursuant to CR 5.01 and as described in CR 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk's Office.
2. Post-Judgment Proceedings--A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard. Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 4.01. Service upon the opposing attorney of record shall be as described in CR 5.02, or by placing a copy of the motion of same in the box provided for them in the Office of the Hardin Circuit Court Clerk.
G. Proof of service on the adverse party must be filed in the record or by placing same in the mail slot allotted to opposing counsel in the Clerk's office before the motion will be heard.

Credits

HISTORY: Adopted effective March 30, 2012.

Footnotes

1
So in original.
Hardin Family Court Rule 2.05, KY R HARDIN FAM CT Rule 2.05
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document