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Rule II. Court scheduling / motion hour / procedures for filing

Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Family Court

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial Circuit - Garrard and Jessamine Family Court
KY RGSF Rule II
Rule II. Court scheduling / motion hour / procedures for filing
2.01--General Schedule
Garrard Circuit Court
1. Motion Hour--Second and Fourth Friday of each month beginning at 9:30am.
2. Juvenile matters including dependency, abuse, neglect, and status offenses--First, Third and Fifth Friday of each month. Arraignments shall be heard at 9:30am. Other appearances will be set for a specific time by the Court. Parties wishing to motion the Court in these matters should contact the Family Court Judge for a specific time.
3. Paternity and Support matters--Fourth Friday of Each Month at 1:00pm.
4. Domestic Violence--Each Friday beginning at 8:30am.
Jessamine Circuit Court
1. Motion Hour--First and Third Wednesday of each month beginning at 8:30am.
2. Pro Se Litigants--First and Third Wednesday of each month beginning at 11:00am. Legible hand written motions are acceptable for this docket.
3. Domestic Violence--Each Wednesday beginning at 1:00pm.
4. Juvenile Status Offenses--Each Thursday beginning at 8:30am.
5. Dependency. Abuse and Neglect--Each Thursday. Arraignments beginning at 9:00am. Other hearings beginning at 9:30am.
6. Contempt Hearings--Each Thursday beginning at 1:30pm.
7. Paternity. Child Support, Visitation issues arising out of juvenile matters--Each Thursday beginning at 1:30pm.
Hearings--Temporary and Final
The Court will schedule temporary and final hearings on Mondays. Tuesdays and Wednesdays (when available). Counsel can expect those hearings to begin at 8:30am.
2.02--Other Hearings
Adoptions and other cases not specifically listed but also within the Court's jurisdiction shall be scheduled by Motion, with notice to all parties, on a regular Motion Hour date for the county in which the action is filed.
2.03--General Motion Practice
Notice of the hearing shall include the date and time for which the motion is set. All pleadings including any attachments shall be served on all other parties or their counsel. Motions may be scheduled in either county by agreement of the parties or counsel.
All motions are to be filed and served upon the opposing party not later than the close of business seven days in advance of the Motion Hour scheduled.
2.04--Pendente Lite Motions
Pursuant to FCRPP 6(2), a hearing for temporary custody, timesharing, visitation or child support shall be conducted within thirty (30) days of filing. These will generally be scheduled on the first and third Wednesday afternoon in Jessamine County and on the first and third Friday mornings in Garrard County.
2.05--Case Management Conference (CMC)
These may be scheduled at the regular motion docket and if additional time is required the case will be given a specific time and date. All counsel and clients are expected to attend a Case Management Conference. See FCRPP 2(6).
2.06--Divorce Education
If both parties have agreed on the custodial arrangements and parenting time schedule then divorce education will not be required. If there is any issue regarding the care, custody or parenting time for children that is to be litigated then divorce education may be ordered by the Court. This is intended to include both temporary and post decree matters.
2.07--Dismissal Docket
To ensure conformity with Kentucky Rule of Civil Procedure 77.02(2), this Court shall periodically review all pending actions on its dockets. Notice shall be given to each attorney of record of every case in which no pretrial step has been taken within the last year that the case will be dismissed in thirty days for want of prosecution except for good cause shown.
The court shall enter an order dismissing without prejudice each case in which no answer or an insufficient answer to the notice is made. In lieu of appearance, a party or counsel may file a Notice of Filing indicating that said party or counsel desires to keep the matter on the Court's active docket.
2.08--Orders
At the conclusion of a hearing, the Court may request that counsel for a party prepare the Order that reflects the Court's rulings. If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a ‘Have Seen’ basis before it is submitted to the Court for entry. The Court will not require a ‘Have Seen’ if the other party is pro se.
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a ‘Have Seen’ and submit it to the Court; said order shall contain a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days. If attorneys disagree on how an Order should be drafted, either may file a motion requesting clarification or further Orders from the Court.
The Court requires that only one order be tendered for the Court's signature. Upon the Court's approval, the Clerk will then enter the Order and send copies to all parties or their counsel.
2.09--Agreed Orders
If parties resolve a contested issue, they may submit an Agreed Order to the Court prior to their Hearing.

Credits

HISTORY: Amended effective June 27, 2017. Prior amendments effective March 12, 2007; September 26, 2012.
Garrard and Jessamine Family Court Rule II, KY R GARRARD JESSAMINE FAM CT Rule II
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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