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Rule 202 Process for filing motions and notice; motion hour and scheduling conference

Baldwin's Kentucky Revised Statutes Annotated8th Judicial Circuit - Warren Family Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial Circuit - Warren Family Court
Rule 2. Court Scheduling / Motion Hour/Procedures for Filing
KY RWFC Rule 202
Rule 202 Process for filing motions and notice; motion hour and scheduling conference
A. Filing Domestic Relations Motions and Notice of Hearing
All contested domestic relations motions shall be filed with the Warren Circuit Court Clerk. At the time of filing, the Clerk shall complete the provided notice by scheduling the motions for hearings according to the calendar established by the Family Court Judge.
The party filing said motion shall be responsible for service of said motion and notice on the opposing party pursuant to CR 7.02 and 11.
B. Motions Not Requiring An Evidentiary Hearing. “Motion Hour”
All contested domestic relations motions that do not require an evidentiary hearing shall be scheduled for hearing during regular motion hour. Specify in the style and heading of the pleading “This Motion Does Not Require An Evidentiary Hearing.” Note: Rule of Contempt hearings will be scheduled on Motion Hour unless otherwise scheduled by the Court.
C. Motions Requiring An Evidentiary Hearing. “Scheduling Conference”
All motions requiring an evidentiary hearing shall state the length of time anticipated for the hearing. Each motion shall include the legal grounds and authority for the requested hearing. Those contested domestic relations motions requiring an evidentiary hearing, with the exception of Motion for Rule of Contempt (see WFCR 703C.(9)), shall be noticed and set for a scheduling conference during the weekly motion scheduling docket. The weekly scheduling docket in Warren Circuit, Division III, shall be each Wednesday at 1:00 p.m. The weekly scheduling docket for Warren Circuit, Division IV, shall be each Tuesday at 1:15 p.m. For good cause, counsel or counsel's authorized assistant may attend the scheduling conference telephonically, at which time the motion requiring an evidentiary hearing shall be set for evidentiary hearing. Counsel for the party filing a motion requiring an evidentiary hearing shall specify in the style and heading of the pleading “This Motion Requires An Evidentiary Hearing.” Motions requiring evidentiary hearings shall be filed at least three business days in advance of the scheduling hour. Failure of counsel or designated assistant to be available for the Scheduling Conference will result in the Motion being denied.
D. Scheduling Final Trials.
All final trials shall be scheduled on a date and time assigned by the presiding Family Court Judge at a Pretrial Conference or at a Motion Hour. A Trial Order shall be generated by the Court unless otherwise agreed.
E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
1. All petitions and motions relating to Juvenile Dependency/Neglect/Abuse, Paternity, or Domestic Violence shall be filed with the Warren County Juvenile Clerk or the Domestic Violence Clerk, as appropriate. A separate Scheduling Order shall be tendered to the appropriate Clerk who shall complete the Order by scheduling the motion for hearing according to the calendar established by the Family Court Judge or request immediate review by the Court in accordance with the Domestic Violence Protocol.
2. Cabinet for Health and Family Services' Reports shall be filed with the Warren Circuit Clerk as follows:
a. Warren Circuit, Division III: Reports must be filed by the preceding Wednesday at 1 p.m. for a Monday docket and the preceding Thursday by 9 a.m. for a Tuesday docket;
b. Warren Circuit, Division IV: Reports must be filed by the preceding Wednesday at 9 a.m. for Monday dockets and the preceding Friday at 9 a.m. for Wednesday Docket.
Cabinet for Health and Family Services' Reports may be served upon counsel of record by e-mail with proper certification such as: “This report was sent by facsimile or e-mail to __________, attorney for __________, at __________ on __________, with the signature of the Cabinet for Health and Family Services casework.”

Credits

HISTORY: Adopted effective April 4, 2012.
Warren Family Court Rule 202, KY R WARREN FAM CT Rule 202
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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