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Rule 7 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Family Courts

Baldwin's Kentucky Revised Statutes Annotated
5th Judicial Circuit - Crittenden, Union and Webster Family Courts
KY CUWF Rule 7
Rule 7 Domestic relations practice
701 Filing Fees. Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions. When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
702 Appearance, Waivers, and Agreements. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
703 Case Management Conferences (CMC).
A. Purpose. The CMC, as required by FCRPP 2(6), is conducted by the Family Court Staff Attorney. CMC are mandatory in all dissolution of marriage actions and may be ordered by the Court in actions regarding custody, parenting time, or any other disputed issue before the court on petition or motion.
Recognizing that domestic relations actions frequently require revisits to the court system, the Court specifically requests that during a CMC, attorneys and litigants display attitudes of respect, conciliation, and negotiation, with an objective of improving relations between the parties. The attorneys, litigants, and the Staff Attorney shall strive to accomplish the purpose of the CMC, which include, inter alia:
• Determining the issues on which the parties agree;
• Reducing the agreements to writing;
• Ascertaining what issues remain unresolved;
• Attempting resolution of the issues unresolved;
• Outlining the issues and necessary proof for the final evidentiary hearing;
• Assisting the parties in reducing and resolving conflict; and
• Bringing about closure and conclusion for the parties.
B. Scheduling. At any time after discovery is complete and in compliance with FCRPP 2(6), the attorney for either party may contact the Family Court Secretary to schedule a CMC. The Office of the Family Court shall provide available dates and times, and schedule the CMC at a mutually agreeable time; an Order shall also be entered accordingly. Should the parties resolve the contested issues prior to the CMC, they shall promptly notify the Staff Attorney so that other cases may be scheduled.
C. Format. The Staff Attorney shall conduct the CMC after notice to attorneys and pro se litigants. All parties and attorneys shall be present. Children are not permitted to attend the CMC. The parties and their attorneys are expected to arrive prepared to discuss the issues, and with an attitude toward resolution of such issues if possible. Parties and their attorneys shall bring documentation necessary to establish values, incomes, and expenses.
D. Disclosures. The Final Verified Disclosure Statements (AOC_239) shall be exchanged with a copy provided to the Staff Attorney at least seven (7) calendar days prior to the date scheduled for the CMC. Parties and their Attorneys will be required to adhere to the requirements of FCRPP 3(4) and FCRPP 3(3)(b).
E. Non-compliance. Unexcused or negligent failure to comply with these procedures, to attend the CMC scheduled, or to produce required documentation may result in sanctions against that party or that attorney. Additionally, intentional protraction of the litigation, including cancellation or rescheduling of the conference without cause, may also result in sanctions.
704 Mediation. Mediation is not mandatory. However, pursuant to FCRPP 2(6), the parties may voluntarily agree to submit the case to mediation or the Court may refer the case to mediation with or without the consent of the parties if appropriate. Cases shall be referred to a court-approved mediator.
705 Final Evidentiary Hearings. After completion of the CMC, either party, or both jointly, may move the Court for a final hearing date to address the unresolved issues. This motion shall be set on the Court's motion hour docket or the attorneys may contact the Office of the Family Court and obtain a date from the Family Court Secretary. Should the parties resolve the issues pending before the Court prior to the hearing date, they shall promptly notify the Court to request an Order vacating the hearing date.
706 Final Decree or Order in Uncontested Actions. Upon the expiration of the time requirements set forth by the applicable statute or civil rule, and upon completion of all requirements of the Kentucky FCRPP and these Local Rules, either or both parties may move for the entry of a decree or final order. The motion shall be accompanied by a proposed decree, adopting any settlement agreement or order of the Court if applicable, and a uniform child support order (if minor children are involved and if an order has not previously been entered). Certificates of competition or enrollment in court-ordered counseling, treatment, education, or monitoring programs shall be filed prior to or with the motion for entry of the decree or order. Upon entry of the final decree or order, the action shall be removed from the Court's active docket.

Credits

HISTORY: Amended eff. 4-6-16. Prior amendments eff. 5-5-12. Adopted eff. 2-3-04.
Crittenden, Union and Webster Family Court Rule 7, KY R CRITTENDEN 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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