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Rule 205. Orders

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Family Court

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Family Court
Rule 2. Court Scheduling/Motion Hour/Procedures for Filing
KY RFFC Rule 205
Rule 205. Orders
Currentness
A. Preparation and Endorsement
1. When a ruling is made, or an opinion is rendered, an order or judgment in conformity shall be prepared by the movant, or as directed by the Court, and signed by counsel for all parties thereto as being in conformity to the ruling or opinion and shall be presented to the Court.
2. Unless otherwise required by rule or statute, the signatures required by paragraph 1 above shall not be required where:
a. Counsel for the party(s) against whom the order is to be entered refuses to sign the order.
b. Unless otherwise ordered by the Court, counsel for the party(s) against whom the order is to be entered fails to return the order to counsel who prepared it within three (3) business days of receipt of Order;
c. The party against whom the order is to be entered is not represented by counsel; or
d. There was no opposition to the motion at the call of the docket.
3. Where any of the above is applicable, preparing counsel shall so attest on the order.
4. In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling, counsel shall notify each other of the disparity, and, within five (5) business days of notice, shall review the video tape of the hearing. If still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.
5. Proposed orders shall not be filed or submitted with a motion unless otherwise directed by the court.
B. Agreed Orders. If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on a docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.
C. Show Cause Orders
1. To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion shall be supported by a filed affidavit sufficiently showing that the applicant is entitled to the order shall.
2. When this motion and affidavit are filed, an Order may be issued ex parte but shall not come on for a hearing sooner than five (5) days from the date it is served, unless otherwise ordered by the Court. The Respondent shall appear on the date noticed for hearing but may be entitled to a continuance if served less than 5 days from the date noticed.
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, AN ORDER FOR YOUR ARREST WILL ISSUE.

Credits

HISTORY: Amended effective December 28, 2022. Adopted effective October 8, 2012.
Fayette Family Court Rule 205, KY R FAYETTE FAM CT Rule 205
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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