Rule 7 Domestic relations practice
Baldwin's Kentucky Revised Statutes Annotated2nd Judicial Circuit - Mccracken Family Court
KY RMFC Rule 7
Rule 7 Domestic relations practice
A. All motions to be heard on the Domestic Relations Docket on Tuesday at 1:30 p.m. shall be limited to Circuit Court (CI) filings. The motion shall be filed by 4:30 p.m. the Wednesday prior to the Tuesday motion docket. Motions filed after the deadline shall be automatically passed to the next Motion Hour. No evidence will be received at Motion hour except the statutory proof necessary for a Decree of Dissolution. Legal arguments on Motions shall be limited to motions for entry of interlocutory decree, and arguments taking less than five (5) minutes (2.5 minutes per side). Otherwise a separate hearing will be scheduled. Uncontested dissolution actions shall be noticed for Motion Hour, however, time permitting, the Court will approve and sign for entry the Decree prior to the docket call, unless a deficiency(s) exists.
C. Motions brought by the Division of Child Support in “CI” actions for establishment, modification or enforcement including contempt, shall not be placed on the Tuesday Motion hour docket, but instead, shall be placed on the 2nd Wednesday 1:30 docket and shall be heard in full at that time unless a continuance is granted for good cause. Good cause shall include an opportunity to obtain counsel or have counsel appointed in Contempt actions.
In any divorce action involving minor children, counsel for the Petitioner or a Pro Se Petitioner shall file a Form AOC FC-3 with the clerk and shall send a copy to the Family Court Office at 301 S. 6th St., Paducah, KY 42003.
Families involved in a divorce proceeding where there are minor children may be ordered to participate in the Families In Transition program. Information regarding the Families In Transition Program can be obtained at the Family Court Office.
Failure to Attend. Unless attendance is waived for good cause shown, if court ordered, failure to attend the Families In Transition Program shall result in delay of the court action, imposition of costs and/or attorney's fees, and/or any other appropriate sanction, including contempt.
Notwithstanding the provisions of FCRPP 2(6), whenever the Court grants an Interlocutory Decree of Dissolution of Marriage, a case management conference shall be scheduled. Prior to the Case Management Conference the parties shall have an extrajudicial settlement conference to attempt to settle and identify issues. Counsel for the parties shall submit a settlement conference report to the Court prior to the Case Management Conference outlining any agreements and items remaining in dispute.
A. The Family Court Judge may, by appropriate order, refer any case to mediation with or without the consent of the parties except in cases when a domestic violence order is in effect. Mediation may be ordered at any time during the proceeding. Cases shall be referred to a Court-approved mediator unless the parties agree to the use of another mediator who must have the same qualifications as one on the court-approved list of providers.
B. Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. Mediation documents and communications are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial proceeding. An exception to this rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030 and KRS 620.030.
C. If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case. If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation.
Credits
HISTORY: Amended effective February 20, 2014. Prior amendments effective July 5, 2012.
McCracken Family Court Rule 7, KY R MCCRACKEN FAM CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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