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Amended Order of Procedure

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd Circuit Court
Appendix of Approved Forms
KY RFLC Order
Amended Order of Procedure
Currentness
Amended Order of Procedure
The Courts being aware of the adverse effects that divorces create with minor children of divorcing parties and in order to diminish such effects and encourage the parties of the divorce action not to involve their children in said action to their detriment, it was apparent that a program was necessary to help further this purpose.
The Circuit Courts of the 31st Judicial Circuit, having heretofore established a need of domestic facilitators education for affected litigants coming before the court in domestic relations actions now appoints Domestic Facilitators Group to implement and conduct the Program under the following guidelines and procedures for the handling of funds and the reporting of participation by litigants.
1. The Domestic Facilitators Program personnel shall notify affected litigants of the time, date and place they shall appear to meet with Program personnel.
2. Domestic Facilitators Group personnel shall collect fees imposed by the Court upon litigants for education, and together with a list of litigants who attended, shall turn over said funds to the following Court personnel:
a) List of participants to the Clerk of the Court who shall maintain a file for the collection of such lists;
b) Fees collected to Floyd County Bar Association;
And further provide a true copy of the list filed with the Clerk to the Circuit Judges. This list shall contain notations as to whether the participants have paid the required fee, failed to pay the required fee, or were exempt from payment because of a Court Order allowing the litigant to proceed informa pauperis.
3. Domestic Facilitator Group personnel shall file with the Clerk of the Court, to be placed in the litigants' case file, a Certificate showing successful course completion by the litigant within Ten (10) days after the litigant's successful completion of the required course. The Courts also urge the Domestic Facilitators Group personnel to provide attending litigants with certificates showing course completion.
4. Domestic Facilitators Group personnel shall file with the Courts notification concerning litigants who has failed to participant in the Program within Ten (10) days of the their failure. In the event of such failure and notification of same, the appropriate Circuit Court in which the litigant's case is pending shall issue an Order compelling the attendance of the litigant at a future meeting of the Program, or, an Order of sanction and/or admonishment, or a letter from the Court to the litigant informing the litigant of his or her required attendance, or all of the above, or any part thereof, within the discretion of the Court.
5. Domestic Facilitators Group personnel shall, with the notification of a litigant's failure to participate, also tender to the Court, a proposed Order or letter, as the issuing Court may direct, sufficient for execution by the Court, to be sent or served upon the non-participating litigant to inform the litigant of the action the Court deems appropriate under the circumstances of the litigant's failure.
6. In the event of repeated failure to participate by a litigant, after the litigant has been advised by Order or letter as specified above, the appropriate Circuit Court, wherein the litigant's case is pending, shall issue a Show Cause Order against the litigant, requiring the litigant to appear before the Court at a date, place and time certain to show cause why the litigant should not be held in contempt for his or her failure to participate. A proposed Show Cause Order, sufficient for execution, shall be tendered by Domestic Facilitators Group personnel with its notification of non-participation as required by this numeral paragraph, should the Court direct.
7. The Domestic Facilitators Group shall be compensated in the sum of $25.00 per litigant, less 10%, who is required to participate in the Program and shall be paid within Five (5) days after fees collected by Domestic Facilitators Program personnel are turned over to the Floyd County Bar Association pursuant to numeral paragraph 2 above. Payment shall be by check or other appropriate instrument establishing a record of payment. In the event of payment by check, the payee shall be the Domestic Facilitators Group or other such name, as the Program Managers so direct.
8. Participating litigants who have been declared indigent by the Court, upon the issuance of an Informa Pauperis Order in the litigant's case, shall participate in the Program without charge unless otherwise specified by the Court in an appropriate Order filed in the litigant's case.
9. Litigants who have caused the Program to incur extraordinary expense because of the litigant's failures to participate may, within the discretion of the Court, be assessed additional costs should the Judge of the litigant's case deem same appropriate.
10. Domestic Facilitators Group personnel shall meet with the Courts from time to time as the Courts may direct to review content of the course as well as discuss other issues which affect the domestic facilitators' program as implemented by the Courts. Such meetings shall occur at the times and places as designated by the Courts.
11. The term “Court” as used in this Order means the Trial Court wherein a particular litigant's case is pending. The term “Courts” refers to the Courts of Division I and II of the Floyd Circuit Court.

Credits

HISTORY: Amended effective January 7, 1998.
Floyd Circuit Court Order, KY R FLOYD CIR CT Order
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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