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Rule 5 Domestic relations practice

Baldwin's Kentucky Revised Statutes Annotated23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court
KY ELOC Rule 5
Rule 5 Domestic relations practice
RULE 501. “Domestic relations” cases are commonly referred to as “‘family law” cases and include those enumerated in FCRPP 1(2).
(a) Regular Method of Trial for Domestic Relations Actions--Unless the parties move for a Domestic Relations matter to be heard by the Court pursuant to LR23JC 1802 below, all Domestic Relations matters shall be heard orally by the Domestic Relations Commissioner and in compliance with FCRPP 4.
(b) Date, Time, and Place of Hearing--Domestic Relations Hearings shall be held:
(1) 2nd Thursday of each month in Estill County at 1:30 p.m.;
(2) 2nd Friday of each month in Lee County at 1:30 p.m.;
(3) The last Wednesday of each month in Owsley County at 1:30 p.m.
All Hearings shall be conducted in a suitable Hearing Room in the respective Courthouses unless the parties have specifically agreed to another date, time, and/or place and the Domestic Relations Commissioner has acquiesced.
(c) Assignment for Hearing
(1) No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.
(2) Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians of the children to participate in a parent's education clinic and may order children between the ages of 5 and 18 years to participate in a suitable education class. In such cases, proof of attendance must be submitted before the case is assigned for final hearing.
(3) If there is a domestic violence or restraining order in effect between the parties, then the parties should advise the parent's education clinic coordinator of that fact when calling to schedule attendance of the program.
(4) The parties shall register within 14 days of being ordered to do so. The parent who has physical custody of the children at the time the children are scheduled to attend the program is responsible for insuring that the children attend the program. All parties shall complete the program within 60 days from being ordered to do so.
(5) Fees for the parent's education clinic shall be paid as set by FCRPP 6(4).
(6) If a party refuses or fails to attend a parent's education clinic after being ordered to attend such a clinic, the Court may make such orders in regard to the failure or refusal as are just, and among others, the following: (i) an order refusing to assign a trial date until the party requesting the trial date attends the program; (ii) an order declining to set or enforce permanent visitation rights for the disobedient party until the disobedient party attends the program; (iii) an order reserving the granting or approval of final custody; and (iv) in lieu of any of the foregoing orders or in addition thereto, after a hearing where the disobedient party has notice and an opportunity to be heard, an order treating as a contempt of court the failure to obey an order to attend the program.
(7) If a party refuses or fails to cause the parties' age-eligible children to attend a suitable education class after being ordered to cause his/her children to attend such a class, the Court may make such orders in regard to the failure or refusal as are just, including but not limited to the following: (i) an order refusing to assign a trial date until the children have attended the program; or (ii) in lieu of the foregoing order or in addition thereto, after a hearing where the disobedient party has notice and an opportunity to be heard, an order treating as a contempt of court the failure to obey an order to cause the children to attend the program.
(8) Each party shall bring his/her case number to the session so that his/her attendance can be properly identified. The cost of the children's session of the education class shall be at the expense of the parties pursuant to FCRPP 6(4).
(d) Recommended Findings and Conclusions--The Domestic Relations Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions pursuant to KRS 454.350(2). Pursuant to FCRPP 4(3), all proceedings before the Commissioner shall be recorded by audio or video, and a recording log shall be kept. The Commissioner's Recommendations shall be tiled in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.
(e) Exceptions to Recommendations--See FCRPP 4(4).
(f) Temporary Orders--All Hearings for temporary Orders shall receive immediate action by the Commissioner, and he/she shall issue his or her recommendations to all parties or their attorneys within five (5) working days following the Hearing. All other matters shall be acted upon by the Commissioner in an expeditious manner.
(g) Action upon Reports and Exceptions--Action upon the Commissioner's report and upon exceptions thereto shall be by motion and notice pursuant to FCRPP 4(4)(a) and CR 6.04.
(h) Agreements Acknowledged--All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.
(i) Other Procedures--Procedures before the Domestic Relations Commissioner not otherwise provided herein shall be in conformity with FCRPP 4.
RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS
(a) Upon motion of any party to a Domestic Relations proceeding, the testimony shall be taken by deposition or interrogatory and submitted to the Court. Otherwise, the matter shall be heard by the Domestic Relations Commissioner as set forth in LR23JC 501 above.
(b) In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter. The Respondent shall complete his/her proof within the following four (4) weeks. The Petitioner shall then have two (2) weeks in which to complete any rebuttal. The case shall then stand for submission at the next regular Motion Hour/Rule Day.
RULE 503. FACTUAL DISCLOSURE REQUIREMENTS
Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent. Objections thereto shall be exchanged 20 days thereafter, but the disclosures shall not be filed in the record unless ordered by the Court or required by local rule. AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court. Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney. Information contained in Disclosure Statements may be used by the Court or by the parties for any purpose.

Credits

HISTORY: Amended effective June 13, 2017. Prior amendments effective May 8, 2014.
Estill, Lee and Owsley Circuit Court Rule 5, KY R ESTILL LEE OWSLEY CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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