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Rule 709 Contempt Practice

Baldwin's Kentucky Revised Statutes Annotated56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court
Rule 7. Domestic Relations Practice
KY CLLT Rule 709
Rule 709 Contempt Practice
(1) The preferred procedure in securing a rule for contempt is as follows:
(a) A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.
(b) When the motion and affidavit are filed, a rule will generally be issued ex parte by the Judge. The rule will recite that it is returnable before the Court at a day and time certain for the other party to appear and show cause why he/she should not be held in contempt.
(c) The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.
(d) Incarceration resulting from a finding of contempt shall be imposed only after a hearing, at which time the Court shall permit additional evidence and may give any party found in contempt an opportunity to purge himself/herself of such contempt.
(e) An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.

Credits

HISTORY: Effective April 23, 2012.
Caldwell, Livingston, Lyon and Trigg Circuit Court Rule 709, KY R CALDWELL CIR CT Rule 709
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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