Rule 704 Guardians ad litem and military attorneys
Baldwin's Kentucky Revised Statutes Annotated8th Judicial Circuit - Warren Family Court
KY RWFC Rule 704
Rule 704 Guardians ad litem and military attorneys
A. Guardians ad Litem and military attorneys shall be appointed from a panel of attorneys who have registered their willingness to accept appointments with the Warren Circuit Court Clerk's Office. See WFCR 604. Appointments shall be made in rotation according to the register, except in those cases where an emergency exists, a member of the panel previously represented the party, or special language or communication skills are known to be needed for adequate representation of a party.
1. Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense if applicable in that case.
3. The Clerk of the Court shall provide the Guardian ad Litem or military attorney a copy of the complete Court file, at no cost, if the appointed attorney determines that he/she requires a copy of the entire file in order to adequately discharge his/her duties. This copy shall be provided to the attorney upon the attorney's informal request.
2. Before any judgment by default will be entered against any Respondent, the Petitioner must file with the court an affidavit stating whether or not the Respondent is in military service and showing necessary facts to support the affidavit. If the Petitioner is unable to determine whether or not the Respondent is in military service, the affidavit shall so state.
3. If it appears to the Court that a Respondent is in the military service, an attorney will be appointed to represent the Respondent. If, based upon the affidavit filed in an action, the Court is unable to determine whether the Respondent is in military service, the Court, before entering judgment, may require the Petitioner to file a bond pursuant to 50 App. U,S.C. § 521(b)(3).
4. Upon appointment, the Clerk of the Court shall provide the military attorney a copy of the most recently filed motion and a copy of the Petition, at no cost. If the military attorney determines that a copy of the complete Court file is necessary in order to adequately perform his/her duties, the Clerk of the Court shall provide a copy of the complete Court file at no cost.
6. The duties of a military attorney include the filing of a motion for stay of proceedings where the conduct of the military Respondent's defense is materially affected by reason of the Respondent's military service. Motions and requests for a hearing for a stay of proceedings submitted by military attorneys shall be supported by an affidavit containing specific reasons why the military Respondent's service materially affects his ability to conduct his defense. The affidavit shall include:
Credits
HISTORY: Amended effective April 4, 2012. Effective January 5, 2010.
Warren Family Court Rule 704, KY R WARREN FAM CT Rule 704
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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