DrR Rule 6 Miscellaneous rules relating to domestic relations practice
Baldwin's Kentucky Revised Statutes Annotated46th Judicial Circuit - Breckinridge, Grayson and Meade Domestic Relations Rules
KY BGMDR Rule 6
DrR Rule 6 Miscellaneous rules relating to domestic relations practice
Pursuant to FCRPP 14(1) a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, visitation or shared-parenting time are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
A. Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases. In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters. However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services, involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, “personal identifier” means a Social Security number or tax-payer identification number, date of birth, or financial account number.
In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.
Pursuant to FCRPP 17, the presiding Circuit Court Clerk's Office shall not release any video in-chamber interviews with children without a specific written order of the Circuit Judge. An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
The Circuit Court Clerk's office shall not release any copies of confidential video records, except for Paternity actions, without a specific written order from the presiding Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.
Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
As authorized by Court Order, the front counter deputy clerks in the Circuit Clerk's Office may sign releases for individuals in custody who purge themselves of contempt or post bond.
Parties and/or their counsel shall not bring any device capable of recording hearings into the DRC hearings and shall not record same. Copies of the non-confidential portions of the recorded proceedings shall be made available through the circuit court clerk's office pursuant to civil rules of procedure. A party and/or counsel may file a motion to obtain copies of any portion of the record which is confidential which shall be subject to review and order of the presiding judge. A notice of this prohibition shall be posted on the DRC hearing room door as a General Order of the Court. Violation of this prohibition shall be subject to the contempt powers of the Court.
B. For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.
D. In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.
Credits
HISTORY: Adopted effective May 4, 2012. Amended effective June 6, 2014.
Breckinridge, Grayson and Meade Domestic Relations Rule 6, KY R BRECKINRIDGE DOM REL Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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