Rule 9 General civil rules (including family law cases)
Baldwin's Kentucky Revised Statutes Annotated34th Judicial Circuit - Mccreary and Whitley Circuit Courts
KY RMWC Rule 9
Rule 9 General civil rules (including family law cases)
701.3 No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons. The order shall contain a short statement of the grounds for its issuance and the following statement: “IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE.”
When any action has remained on the Civil Docket for one year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party or on the Court's own motion.
A. Attorneys may motion to the Court for a fee for serving as Warning Order Attorney in all Whitley County and McCreary County cases. Any Warning Order Attorney (WOA) seeking payment shall prepare a motion for attorney's fees with an attached order which includes a reasonable fee for the services rendered and submit it for the Judge's approval. Motions for compensation shall be accompanied by an affidavit indicating:
Attorneys shall also be able to recover the costs expended upon proper itemization to the Court. Attorneys shall petition the Court for an award of their fee and costs after such time as the Warning Order Report is submitted.
A judge may refer any civil case to mediation except a habeas corpus case or an election contest.
B. Any party may move for an order disqualifying a particular mediator for good cause. If the Court rules that a mediator is disqualified, an order shall be entered naming a qualified replacement. Mediators may disqualify themselves or refuse any assignment. The time for mediation shall be tolled during any period in which a motion to disqualify is pending.
B. The parties shall attend the mediation conference(s). Counsel shall also be present. The conference shall be conducted by the mediator to consider the possibility of settlement, the simplification of the issues, and any other matters which the mediator and the parties determine may aid in the handling or the disposition of the proceedings.
E. If a party to mediation is a public entity, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. In all other cases, unless stipulated by the parties, a party is deemed to appear at a mediation conference if the following persons are physically present:
A. 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. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding.
906.4 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 10 days of the termination of mediation. Unsettled cases shall then be returned to the Court's active docket.
906.5 At the conclusion of cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.
Rules governing use of digital recording are promulgated by the Supreme Court of Kentucky. See Kentucky Rules of Civil Procedure, Rule 98.
All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.
A. When any order is submitted to the Commissioner requiring advertisement or appraisal, the Commissioner may require the party submitting the order to deposit with the Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal and if required, until such deposit is made, the Commissioner shall not submit the order to the Court nor cause advertisement or appraisal to be made.
B. When more than one sale is set for the same date, the commissioner may advertise all such sales in one advertisement with the required information applicable to each action and sale appearing therein. The total costs of advertising shall be apportioned among each of the various cases to which the advertisement applies.
Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain:
A. The legal description of the property including a street address (or if it has no street address, a brief identification of its location and size) and any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number;
Unless otherwise ordered, all sales conducted by the Whitley Master Commissioner, Deputy Commissioner, or Special Master Commissioner shall be scheduled for twelve (12) o'clock (noon) p. m. (local time) on the front steps of the Whitley County Courthouse. Unless otherwise ordered, all sales conducted by the McCreary Commissioner, Deputy Commissioner, or Special Master Commissioner shall be scheduled for twelve (12) o'clock (noon) p.m. (local time) on the front steps of the McCreary County Courthouse.
A. Before conducting a sale, the Master Commissioner shall advertise in a newspaper meeting the requirements of KRS 424.120, the time, terms, and place of sale, together with a description of the property to be sold pursuant to AP Part IV, Sec. 5(3)(c). Said advertisement shall appear once a week for at least three consecutive weeks next preceding the date of sale.
B. Before conducting a sale, if required by order or statute, the Master Commissioner shall have the property appraised by two intelligent, disinterested housekeepers of Whitley or McCreary County, both of whom are actively engaged in or have had at least one year of experience in the field of real estate and who are not related to any parties to the action. The Appraisers shall be sworn by the Master Commissioner before making such appraisals and they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.
C. The master commissioner shall sell the properly in a reasonable time not to exceed 90 days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205. Upon motion and good cause shown, the court may extend the deadline for a period not to exceed 30 days.
E. At the time of sale, the successful bidder shall either pay cash or make a deposit of 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to execute a bond at the time of sale with sufficient surety approved by the master commissioner prior to the sale to secure the unpaid balance of the purchase price. Said bond shall bear interest at the rate judgment bears per annum pursuant to KRS 360.040 from the date of sale until paid.
F. The purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and all subsequent years. All taxes or assessments upon the property for prior years, shall be paid from the sale proceeds if properly claimed, in writing and filed of record, by the purchaser prior to the payment of the purchase price.
G. The property shall otherwise be sold free and clear of any right, title, and interest of all parties to the action and all liens and encumbrances thereon, excepting easements and restrictions of record in the Whitley or McCreary County Court Clerk's Office and such a right of redemption as may exist in favor of the United States of America or the defendant(s).
H. A party who is the successful purchaser of the property may take credit against any judgment in that party's favor against the defendant property owner for the required deposit and purchase price to the extent that the sale price is sufficient to pay such judgment considering the priorities and amounts previously adjudicated in the action.
The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale no later than three business days after the date of sale. Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court. A copy of the order of confirmation shall be served upon the purchaser.
The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.
In the event the property is withdrawn from sale, or if the defendant property owner files for relief in Bankruptcy, the sale shall be canceled and the Commissioner shall give notice of cancellation of the sale.
The Commissioner shall be entitled to those fees set forth in Part IV of the Administrative Procedures of the Court of Justice. In the event the property is withdrawn from sale through no fault of the Commissioner, he or she shall receive a fee of not more than fifty (50%) percent of what the sale fee would have been as calculated under AP Part IV, Sec. 8(2)(a) and (b), based upon the appraised value of the property, or $400, whichever is greater, unless written objection is made thereto. Upon objection, or if there is no appraisal, the Court shall set a reasonable fee which shall be no less than $400.
In all sales of real estate where an appraisement is required, the fee of each appraiser shall be reasonable as determined by the Commissioner. The fee shall be paid from the proceeds of sale.
Credits
HISTORY: Adopted effective August 4, 2017.
McCreary and Whitley Circuit Court Rule 9, KY R MCCREARY WHITLEY CIR CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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