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Rule 901 Trials, hearings, motions, discovery, and subpoenas

Baldwin's Kentucky Revised Statutes Annotated48th Judicial Circuit - Franklin Family Court

Baldwin's Kentucky Revised Statutes Annotated
48th Judicial Circuit - Franklin Family Court
Rule 9: Miscellaneous
KY RFFC Rule 901
Rule 901 Trials, hearings, motions, discovery, and subpoenas
Currentness
901.1 Scheduling of Hearings and Motions
A. All hearings and motions, whether contested or uncontested, shall be filed with the Franklin Circuit Court Clerk, and shall be scheduled in accordance with the court schedule previously set out in Rule 201 and in its entirety in (Appendix No. 2).
B. No motion shall be filed, other than a motion for default judgment, until the responding party has been served with a summons and is properly before the court.
901.2 Contested Hearings/Trials
A. A contested hearing or trial is one in which the parties have not agreed upon the division of property, debts, custody, support, or any one of the elements and the taking of evidence is necessary to permit the court to render a determination.
B. Pre-Trials:
1. Pre-trials will not be scheduled until the parties can demonstrate that the case is ready for trial, specifically, that discovery is complete, Families in Transitions classes have been completed when required and all mediation orders, if any, have been complied with.
2. To schedule a pre-trial, the parties or counsel for the parties must make a motion to the court to be heard in accordance with the court schedule as previously outlined in FCR 301. Upon hearing of said motion, the Franklin Circuit Clerk will schedule a date for pre-trial.
3. Pre-trials will not be continued, except for good cause shown in the file or on the record within five (5) business days of the scheduled pre-trial date.
4. At the pre-trial conference:
a. All attorneys and clients must be present;
b. Pretrial memorandums from both parties shall be presented;
c. Parties should be prepared to make stipulations as to agreed facts;
d. Any pre-trial motions shall be heard.
C. Trial/Hearings shall not be continued, except for good cause shown in the file or on the record, within two (2) weeks of the trial date and shall be immediately be reset by the Court
901.3 Discovery
A. Discovery shall be completed twenty (20) days prior to the final trial date.
B. It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date, or at any time prior to trial if discovered within thirty (30) days before trial.
C. Upon application to the court, discovery time may be extended in custody issues and complex economic issues.
D. Motions to modify child support obligations shall be governed by the provisions of FCRPP 9(5). In child support motions, pendente lite motions, motions for modification of an existing child support obligation, or in a final hearing where child support is at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her clients income, health care expenses covering the children, and work-related child care expenses. Appropriate income information shall include, but is not limited to:
1. Complete Federal Income Tax Returns with schedules and the first full page of the party's State Income Tax Returns for the three previous calendar years (for the sake of confidentiality, these tax returns shall only be exchanged between parties for the purpose of discovery, and shall not be filed with the Circuit Clerk nor be made public record in any way);
2. The last three (3) paycheck receipts from the party's current or most recent employment for the purpose of determining income earning capacity; and
3. Documents pertaining to income from sources other than earnings.
It is the position of the court that a hearing is not the place for discovery; however, the interest of the child(ren) is the overriding concern. Therefore, in the event that this information is not forthcoming from a party and a subpoena is issued for compliance, then the cost of the additional attorneys' fees and court costs shall be borne by the un-cooperative party.
E. Each party shall furnish to the court, immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce. Counsel shall stipulate as much income information as possible. Nothing herein shall preclude any party from presenting evidence as to the existence of an exception to the utilization of the Child Support Guidelines established by KRS 403.212.
901.4 Subpoenas for Medical, Psychiatric, or Other Privileged Records
A. Subpoenas for medical records shall be issued pursuant to KRS 422.300 et seq.
B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the court upon motion by the requesting party, accompanied by an appropriate affidavit, which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order.
901.5 Domestic Violence Waiver
In any matter before this court, any party may seek an order from the court waiving the requirement to share specific information with the opposing party if release of such information would endanger the safety and welfare of the party, child, or another involved person.
901.6 Post Decree Litigation
The provisions of FCRPP 3(6) regarding reopening fees shall apply in domestic relations cases and paternity determinations (not including motions for support enforcement filed under 42 U.S.C. Title IV-D), unless the movant is proceeding in forma pauperis. The clerk shall collect the $50.00 fee upon the filing of the motion.
901.7 Protection of Personal Information
A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters. However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, “personal identifier” means a Social Security number or tax-payer identification number, date of birth, or financial account number.

Credits

HISTORY: Effective May 12, 2004. Amended effective March 30, 2012.
Franklin Family Court Rule 901, KY R FRANKLIN FAM CT Rule 901
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document