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Rule 17 Practice before the master commissioner

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 Civil Rules--Circuit Courts
KY ULCR Rule 17
Rule 17 Practice before the master commissioner
A. The attorney who moved to refer an action to the Master Commissioner shall deliver a copy of the Order referring the case to the Master Commissioner to the Master Commissioner's Office.
B. The Reports of the Master Commissioner shall be filed in the Clerk's Office. The Clerk shall comply with the Notice Provisions of CR 53.06(1). The Master shall file a Motion to Confirm the Report and shall notice same for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report. CR 53.06.
C. Before the sale of land, the Master shall have it appraised pursuant to KRS 426.200(3). Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.
D. Every purchaser at a judicial sale shall, at the time thereof, deposit with the offer making the sale $100.00, to be applied to the expense of any subsequent judicial resale caused by the purchaser's default.
E. Purchasers at a judicial sale shall give bond in all cases, but the Court may, by proper Order, where judgment creditor is the purchaser, require the creditor to pay into the Court only that portion of the sale bonds superior to the creditor's judgment and credit the balance of the sale bonds on the judgment claim.
F. Sales shall be held on a day and at a time to be fixed by the Master, and report thereof shall be filed in the Clerk's Office and placed upon the Court's Docket and called for confirmation at the next motion hour of the Division to which the action is assigned. On the call of the Motion to Confirm the Report of Sale, it shall be confirmed unless objections have been filed to the Report. In cases where objections are filed to the Report of Sales, they shall be heard and passed upon as soon as possible.
G. Unless otherwise ordered, sales of realty shall be made on four, eight and twelve months' time, and of personalty, one-half cash and the balance in four months.
H. The Master shall make a report of distribution in every case in which any funds pass through his or her hands.
I. The Master shall keep books which shall show in each case separately the amount, from whom and for what he or she has received, money, and the amount, to whom and why he or she has disbursed the same, which shall be subject at all times to inspection as other public records.
J. The Master shall acknowledge and record in the County Clerk's Office plats of all lands subdivided by him or her for sale or partition purposes, in which a change is made from the original subdivision plat, or in which a tract is laid out which has never been subdivided.

Credits

HISTORY: Adopted effective January 1, 1995.
Boone, Campbell, Gallatin and Kenton Counties, General Civil Rule 17, KY R BOONE CAMPBELL GALLATIN KENTON GEN CIV Rule 17
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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