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Rule 2 Court scheduling / motion hour / procedures for filing

Baldwin's Kentucky Revised Statutes Annotated43rd Judicial Circuit - Barren and Metcalfe Family Court

Baldwin's Kentucky Revised Statutes Annotated
43rd Judicial Circuit - Barren and Metcalfe Family Court
KY RBARF Rule 2
Rule 2 Court scheduling / motion hour / procedures for filing
Currentness
201 General
The attorney of record for a moving party forthwith shall notify the Family Court staff (whose telephone number is [270] 651-9923) whenever any motion or any proceeding (previously docketed for hearing) shall not be heard, whether because of agreement of the parties or because of any other reason.
202 Docketing
A. To docket a motion for hearing, movant, by counsel or pro se, shall telephone the Family Court staff at (270) 651-9923 and furnish the correct telephone number for all opposing counsel so as to enable the Family Court staff to initiate one or more telephone calls (preferably a telephone conference call) to ascertain the earliest available hearing date and time, accommodating the schedules of all counsel to the action; provided, however, that during such scheduling telephone call or calls the movant and all opposing counsel in good faith shall arrive at an estimate for the length of the entire hearing so that the Family Court staff on behalf of the movant can reserve the estimated time accordingly when docketing the subject motion.
B. All motions shall include above the signature line for counsel or the self-represented movant the following declaration: “The undersigned estimates that this hearing in its entirety will require approximately ___ minutes for which the undersigned has reserved time on the docket.”
C. 1. Each motion (except a motion to schedule an event) shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure).
2. Each motion (except a motion to schedule an event) shall be accompanied by a separate tendered proposed order which shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure), and the court in its discretion may deny any motion which is noncompliant herewith.
D. The court shall apply the provisions in FC 43 Rule 202 in a manner not inconsistent with the provisions of KRS 403.160.
203 Deadline for Filing and Serving Motions
A. 1. A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.
2. If sixty (60) days have expired since the date of entry of the most recent order, any notice shall be served on both the opposing attorney and the party at his or her last known address.
B. The court shall hear no motion which has not been docketed for hearing by the Family Court staff (whose telephone number is [270] 651-9923), and, except for good cause shown, the court shall hear no motion which has not been timely filed and served thereafter.
204 Motions for Modification or Enforcement of Prior Orders
Any motion filed referring to a previous order or decree (including but not limited to requests for modification or enforcement thereof) shall identify the relevant section of such previous order or decree with particularity including declaration of the date of entry of such order or decree.
205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
A. Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.
B. At the close of each settlement conference the court shall make an appropriate order which may include setting a pre-trial conference.
C. 1. Parties may schedule Pre-Trial Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which the court shall make the appropriate Order Setting Pre-Trial Conference.
2. In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 “Preliminary Verified Disclosure Statement” (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).
D. At the close of each pre-trial conference the court shall make a Pre-Trial Order.
1. A pre-trial order may include requirements that the parties tender proposed Findings of Fact, Conclusions of Law, and Order at the beginning of the evidentiary hearing or pursuant to an order concerning post-trial compliance.
2. In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 “Final Verified Disclosure Statement” in accordance with FCRPP 3 (3) (b).
3. A pre-trial order shall limit the time reserved for the entire evidentiary hearing or trial, and such pre-trial order may include allocation of time to the parties for presentation of evidence-in-chief (including rebuttal) in a designated sequence, and, except as otherwise provided, such allocation of time shall be subject to the following terms and conditions:
a. the allocation of time for presentation of evidence-in-chief (including rebuttal) shall not include time for such party's opening statement or, if applicable, closing argument;
b. subject to enforcement by sanctions in the discretion of the court (including but not limited to striking testimony), each party shall announce the call of such party's final witness so that the court may allocate to the adverse party or parties for cross-examination of such witness time not to exceed one-half (1/2) of the party's time remaining for presentation of evidence-in-chief (excluding time reserved for such party's presentation of rebuttal); and,
c. upon oral motion by any party the court in its discretion and otherwise according to law may limit or restrict the scope or duration of a party's cross-examination if it appears to the court that such cross-examination is being conducted in a dilatory manner or otherwise not in good faith.

Credits

HISTORY: Adopted effective April 21, 2012.
Barren and Metcalfe Family Court Rule 2, KY R BARREN 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