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Rule 7 Domestic relations practice

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 7
Rule 7 Domestic relations practice
Currentness
701 REQUIRED CASE INFORMATION
A. A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
B. In any divorce or custody action where the parties/families are ordered to attend a counseling or education program the Circuit Court Clerk's Office shall provide a copy of the Case Data Information Sheet to the program coordinators.
C. Pursuant to FCRPP 2(6), no matter shall be scheduled for Final Hearing until a Case Management Conference has been held unless otherwise ordered by the court. Pursuant to FCRPP 2 and FCRPP 3, all parties shall submit Financial Disclosure Statements on the required AOC forms prior to the Case Management Conference, if applicable. Each party shall make a good faith effort at settlement at the Case Management Conference. Pursuant to FCRPP 3(4), the attorneys or parties, if pro se litigants, shall identify any expert witnesses they intend to call at the final hearing and produce any documents they intend to submit as exhibits at the final hearing prior to or at the Case Management Conference. A parties' Preliminary Verified Disclosure Statement may be adopted as his/her Final Verified Disclosure Statement if there have been no changes and the court has been given notice thereof.
D. Subject to FCRPP 2(6)(a), Status Quo Orders may be entered upon motion of any party with notice and opportunity to be heard by opposing parties.
E. Subject to FCRPP 3(1), attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and submit same directly to the Judge for approval by the Court off-docket, which shall contain executed Notices and Waivers of Hearings and/or the requisite Financial Disclosure Statements required by the FCRPP along with a Settlement Agreement, Jurisdictional Deposition and a proposed decree of dissolution of marriage.
F. All motions filed must have original signatures, except when submitted by the Judge for filing.
702 APPEARANCES, WAIVERS, AND AGREEMENTS
A. Any unrepresented party who signs and acknowledges an appearance and waiver or an agreement shall do so before a notary or deputy clerk.
B. No entry of appearance shall be signed prior to the filing of a petition.
C. All agreements and agreed orders shall contain the correct mailing addresses and telephone numbers for the attorneys and parties.
703 COURT ORDERED PARTY/FAMILY COUNSELING OR EDUCATION
The court may order counseling or divorce education in all proceedings for dissolution of marriage in which children of the marriage are minors, or in any custody proceeding, pursuant to FCRPP 3(5).
704 FINANCIAL DISCLOSURE REQUIREMENTS
The parties may enter into an agreed order waiving the filing of the AOC-238 and AOC-239, Preliminary and/or Final Verified Disclosure Statements, only in the following circumstances:
1. The parties have entered into an agreement which resolves all issues between them.
2. The parties' Separation Agreement or Agreed Order waiving disclosures acknowledges their right to receive disclosures from the other party and their agreement waives disclosures.
3. The parties' Separation Agreement or Agreed Order waiving disclosures contains the parties' acknowledgment that each has made full disclosure to the other of all information that would have been contained in the Final Verified Disclosure Statements.
If the Court, in making its determination regarding the conscionability of the parties' Separation Agreement deems more information is necessary, the Court may subsequently order the filing of the Preliminary or Final Verified Disclosure Statements despite the parties' agreement to waive said financial disclosures.
705 METHOD OF FINAL HEARING
A. In all contested domestic relations actions, the parties may choose to have the case heard by the Family Court Judge rather than have the testimony taken by deposition. To exercise the option to have the case heard, Petitioner shall make the request in the Pre-hearing Memorandum filed prior to the Case Management Conference. Unless the Respondent promptly objects prior to the date of the Case Management Conference, it will be considered that both parties have opted to proceed by oral testimony. All hearings shall be conducted on the video record.
B. Upon motion of any party or on its own motion, the Court may order that testimony of witnesses other than the parties be taken by deposition.
706 UNCONTESTED FINAL HEARINGS
A. An uncontested hearing is one in which the parties have agreed to all the necessary elements to dissolve the marriage contract, establish custody, timesharing, support and maintenance and divide the property and debts of the marriage or when respondent is in default or has been served by a Warning Order Attorney and a Warning Order Attorney Report has been filed.
B. In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the parties shall submit proof by deposition or written interrogatories. If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing an agreed motion or agreed order to submit in the Circuit Court Clerk's Office in the county where the case is filed and tendering a proposed decree of dissolution of marriage to the Family Court Judge and all the requisite information and attachments required by FCRPP 3(1). In the event no Agreed Order has been signed, either party may file a Motion to Submit in the Circuit Court Clerk's Office in the county where the case is filed and schedule same to be heard on the Family Court Domestic Motion Hour docket, serving notice to all parties and tendering a proposed decree of dissolution of marriage. Alternatively, either party may file a motion for an uncontested final hearing on oral testimony in the Circuit Court Clerk's Office in the county where the case is filed and schedule same to be heard on the Family Court Domestic Motion Hour docket, serving notice to all parties and tendering a proposed decree of dissolution of marriage. Upon assignment of a final hearing date, the requesting party shall serve notice of the hearing to all parties. In uncontested cases involving minor children, a child support worksheet shall be provided so the Court can determine whether any deviation therefrom is proper.
707 CONTESTED FINAL HEARINGS
A. A contested hearing is one in which the parties have not agreed upon the division of property, debts, custody, timesharing, support, maintenance, or any one of these elements, and the taking of evidence is necessary to permit the Court to render a determination.
B. Prior to scheduling a contested final hearing, pursuant to FCRPP 2(6), a Case Management Conference shall be held in all contested cases with counsel and parties in attendance.
C. An attorney or party may schedule a Case Management Conference by filing a motion for same in the Circuit Court Clerk's Office in the county where the case is filed and scheduling the motion to be heard on the Family Court Domestic Motion Hour Docket, serving notice on all parties. Except for good cause shown, no Case Management Conference will be scheduled unless court ordered Parent/family counseling, other than perpetrator or victim counseling in domestic violence cases, has been completed (if necessary) and the AOC-239, Final Verified Disclosure Statements, have been filed.
D. At least ten (10) days prior to the Case Management Conference each party shall file a Pre-Hearing Memorandum which shall include the following information:
1. All issues in dispute and citations of case law and authority in support of the party's position.
2. All issues resolved by stipulation or agreement.
3. Income Expense Schedule:
a. Employment status, including income and deductions therefrom;
b. Income from sources other than employment;
c. Present monthly expenses;
4. Property Schedule and proposed division of:
a. Marital real estate including the fair market value and the unpaid balance of any liens thereon;
b. Marital personal property including the value and the unpaid balance of any liens thereon;
c. Marital debts including the dates incurred and the balance thereon;
d. Non-marital real estate including the fair market value, the balance of any liens thereon, and the legal basis relied upon to support such a designation;
e. Non-marital personal property including the value, the balance of any liens thereon, and the legal basis relied upon to support such a designation;
f. Non-marital debts including the date incurred and the balance thereon.
5. A List of all witnesses, both expert and lay, a brief statement of the issues about which the witness will testify and any preliminary or final report from all expert witnesses.
6. A List of all documents and exhibits intended to be introduced at the final hearing.
7. Statement of special problems.
8. In contested child custody matters:
a. A brief statement supporting the party's position on custody and timesharing and citations of any case law and authority in support of the party's position.
b. A List of all cases involving the child/children including, but not limited to, juvenile, criminal and custody matters.
9. In contested child support matters:
a. Attach a Child Support Guidelines Worksheet;
b. A brief statement of the issues in dispute and citations of any case law and authority in support of the party's position.
10. Estimated length of hearing and whether testimony is to be taken by deposition or by oral testimony before the Court.
E. In the event either party fails to file the Pre-hearing Memorandum or either party files an incomplete Pre-hearing Memorandum, the Family Court Judge may order such remedies in regard to the failure that are just, including, but not limited to the following:
1. The matters set forth in the compliant party's schedule may be taken as established;
2. The noncompliant party may be prohibited from introducing designated matters into evidence;
3. The Court may stay further proceedings until the noncompliant party is in compliance; and/or
4. The Court may assess all costs, including attorney's fees, against the noncompliant parties;
708 TIME-SHARING/VISITATION GUIDELINES
The Time-Sharing/Visitation Guidelines attached as Appendix B are incorporated herein by reference and may be used by the parties and the Court subject to the specific facts in each case.
709 MEDIATION
A. MEDIATION
A party may file a motion for mediation and notice same to be heard on the Family Court Domestic Motion Hour Docket or the parties may agree to mediate at any time or the Court, on its own motion, may order the parties to mediate any issues before further proceedings. If ordered by the court pursuant to FCRPP 2(6), the parties shall engage in mediation unless the exceptions provided under KRS 403.036 apply. The parties may choose their own mediator or, if the parties are unable to agree, each party shall submit the names of three (3) mediators to the court and the Court will choose one. All mediators must be certified and/or appear on the roster of trained mediators maintained by the Kentucky Administrative Office of the Courts prior to being appointed by the Family Court.
B. REQUIREMENTS FOR PROPERTY MEDIATION
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:
1. Supplement to financial disclosure statement regarding any material change:
2. A short statement including definition of the issues to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.).
a. Copies of all documents supporting valuation of assets;
b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and
c. All information and copies of all documents requested by the mediator prior to the mediation conference.
C. ADJOURNMENT
The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation or at the request of either party.
D. COUNSEL
The parties shall attend the mediation conference and shall appear promptly at the time and location for the scheduled mediation conference. The attorneys for each party may attend and participate, subject to the defined roles of the mediator, and shall at all times be permitted to privately communicate with their respective clients.
E. COMPENSATION OF MEDIATOR
1. The mediator shall be compensated at the rate agreed upon by the mediator and the parties.
2. The mediator's fee may include, but is not limited to:
a. Mediation sessions;
b. Preparation for sessions;
c. Travel time;
d. Postponement or cancellation of mediation sessions by the parties and the circumstances under which such charges will normally be assessed or waived; and
e. Preparation of the parties' written mediation agreement if prepared by the mediator.
F. COMPLETION OF MEDIATION
1. At the conclusion of mediation, the mediator shall file a report with the Court regarding the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated). A termination or non-agreement shall be without prejudice to either party.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
2. The Court shall retain final authority to accept, modify, or reject an agreement.
3. If a case is settled prior to or during mediation, attorneys and pro se litigants shall prepare and submit to the court an order reflecting the fact of settlement and remand any pending hearings concerning resolved issues.
4. If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the court indicating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket.
G. CONFIDENTIALITY
1. Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the mediator. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.
2. All conduct and communications made during a mediation conference shall be treated as settlement negotiations and shall be governed by K.R.E. 408.
3. Mediators shall not be subpoenaed regarding the disclosure of any matter discussed during the mediation which is considered confidential. This privilege and immunity resides with the mediator and may not be waived by the parties.

Credits

HISTORY: Adopted effective May 5, 2012.
Breathitt, Powell and Wolfe Family Court Rule 7, KY R BREATHITT FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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