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Rule 401 Motion Practice

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 4 Paternity
KY RDDC Rule 401
Rule 401 Motion Practice
A. Motions Not Requiring a Hearing: Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointment of Guardian ad Litem, for Guardian ad Litem fees, and to compel discovery, shall not be placed on the regular docket, but shall stand submitted to the Court unless a written objection and request for hearing is filed within ten (10) days of the date contained in the certificate of service.
B. Motions for Default Judgment: If the Court determines that a hearing is necessary on a Motion for Default Judgment, then a hearing date will be assigned by the Judge.
C. Motions to modify, suspend, or terminate child support; to determine arrearages accrued on child support orders; and to allocate dependency exemptions, shall be scheduled for conference conducted by the County Attorney's Child Support Division. If resolution cannot be reached through conference, then the matter shall proceed for hearing before the District Court Judge.
D. Motions Heard in District Court: In the paternity case, the District Court Judge assigned to the case shall hear any motions regarding child support and modifications thereto, and motions requesting clarification of previous Orders entered by the Court. The District Court Judge shall also address all Agreed Orders tendered to the Court by the parties to the action.
E. Motions to be Filed as a Separate Action: Except for the matters set forth in RDDC 401D, and pursuant to KRS 406.051 (2), the District Court Judge may refer all contested issues concerning custody, visitation, and related issues to the Circuit Court, to be filed as a separate action before that Court.

Credits

HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 401, KY R DAVIESS DIST CT Rule 401
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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