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Rule 35 Discovery

Baldwin's Kentucky Revised Statutes Annotated16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court

Baldwin's Kentucky Revised Statutes Annotated
16th/17th Judicial Circuit/District - Boone, Campbell, Gallatin and Kenton Circuit and District Court
General Rules for Domestic Relations Practice
KY ULCR Rule 35
Rule 35 Discovery
A. Discovery shall be completed twenty (20) days prior to the hearing date.
B. It shall be the duty of a party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or at any time prior to trial if discovered within the thirty (30) days before trial.
C. Upon application to the Court, discovery time may be expanded in custody issues and complex economic issues.
D. In Child Support Motions, pendente lite, modification of an existing child support obligation, or in a final hearing in which child support is at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income, health care expenses covering the children, and work-related child care expenses. Appropriate income information shall include, but not necessarily be limited to, 1) complete income tax returns with all schedules for the three previous calendar years; 2) current yearly pay statements showing cumulative yearly income; and 3) documents pertaining to income from sources other than earnings. It is the court's position that a hearing is not the place for discovery; however, the interest of the children is the overriding concern. Therefore, in the event that this information is not forthcoming from a party and a subpoena is issued for compliance, then the cost of the additional attorney's fees and court cost shall be borne by the non-cooperating party.
E. Each party shall furnish to the Judge or Commissioner immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce. Counsel shall stipulate as much income information as possible. Counsel are encouraged to provide a joint worksheet if possible. Nothing herein shall preclude any party from presenting evidence as to the existence of an exception to the utilization of the guideline.

Credits

HISTORY: Amended effective November 20, 1997; adopted effective January 1, 1995.
Boone, Campbell, Gallatin and Kenton Counties, General Civil Rule 35, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV Rule 35
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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