Home Table of Contents

FCRPP 3 Obtaining decrees and judgments

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
II. Dissolutions and Property Division
Kentucky Family Rules of Practice and Procedure FCRPP 3
FCRPP 3 Obtaining decrees and judgments
(1) Matters Not Requiring a Trial.
(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.
(b) A judgment or decree is not final until the original is signed by the court and entered by the clerk.
(c) When the parties agree on some, but not all, of the claims, their agreement shall be signed by them and their counsel, if any, before it is submitted to the court for approval and entry.
(2) Default Cases (Other Than Custody and Parenting Time).
(a) In all cases of default, the motion to submit for judgment or decree shall certify:
(i) That no answer, pleadings, or other papers have been received by the moving party or his or her counsel, if any, from the party in default;
(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) An evidentiary hearing shall be conducted on all claims for custody and parenting time, notwithstanding the absence of the party in default.
(3) Matters Requiring a Trial.
(a) If the parties do not reach an agreement on any or all claims, a trial shall be held, on motion, as set by the court.
(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.
(c) If financial claims are being tried, both parties shall:
(i) Serve a copy of the final verified disclosure statement and any supporting documentation, or the affidavit in (b) above, on the opposing party 21 days prior to trial unless otherwise ordered by the court; and
(ii) File the same with the court no later than 14 days prior to trial.
(4) Evidence and Exhibits.
(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.
(c) In addition to the discovery material set out in CR 5.06, the party who notices a deposition, propounds an interrogatory, or requests an admission shall be the custodian of the original, which shall not be filed in the court record without leave of the court.
(5) Severability of Claims. The court may sever claims for which there is the right of trial by jury or are outside the scope of KRS 23A.100. Such severed claims may be re-filed in the court of appropriate jurisdiction.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Editors' Notes

COMMENTARY
FCRPP 3 applies to final evidentiary hearings. Application of this rule to interlocutory hearings is subject to the discretion of the court.
KY Family Court Rules FCRPP 3, KY ST FAM CT FCRPP 3
Current with amendments received through May 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.