FCRPP 3 Obtaining decrees and judgments
Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice
Kentucky Family Rules of Practice and Procedure FCRPP 3
FCRPP 3 Obtaining decrees and judgments
(a) If the parties agree on all claims, a final judgment, decree of legal separation, or decree of dissolution of marriage may be obtained without a trial by filing a motion or agreed order to submit the case for final disposition. The parties shall comply with any local rule requiring additional filings.
(ii) The date the defaulting party was personally served with the initiating pleading and that 20 days have elapsed since the date of service, or, if the defaulting party was served by warning order attorney, the date the warning order attorney filed his or her report and that 50 days have passed since entry of the order appointing the warning order attorney; and,
(iii) The date, address, and manner of service of the motion for default and/or notice to submit the case for default judgment, and that the defaulting party is not on active military duty. If the defaulting party is on active military duty, the movant must also certify that the Servicemembers Civil Relief Act has been followed.
(b) The final verified disclosure statement shall contain the information required in the official AOC form, AOC-239 (Final Verified Disclosure Statement), which is available for use in compliance with this rule. A party need not file a final verified disclosure statement if the party files, or has filed, his or her preliminary verified disclosure statement and also files an affidavit attesting that there has been no change in the party's financial circumstances since the filing of the preliminary financial disclosure statement. The affidavit must contain the information required in the official AOC form, AOC-239.2 (Affidavit of No Change in Circumstances Requiring the Filing of a Final Verified Disclosure Statement), which is available for use in compliance with this rule.
(a) If otherwise admissible under the Kentucky Rules of Evidence, a court-appointed expert's report shall be admitted into evidence and may be considered by the court without further evidentiary foundation or testimony of the expert, unless a party subpoenas the expert to testify or the court orders otherwise. The party who subpoenas a court-appointed expert to trial or for deposition shall pay the expert's fee for appearance, unless otherwise ordered by the court.
(b) No later than 14 days before trial, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at trial. Witnesses shall be identified by name, address, and summary of anticipated testimony. Exhibits or witnesses not identified pursuant to this rule shall be excluded at trial except for good cause shown. This rule is not intended to limit the admissibility of rebuttal evidence. These pretrial deadlines do not alter discovery deadlines set by the civil rules.
Credits
HISTORY: Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules FCRPP 3, KY ST FAM CT FCRPP 3
Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.
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