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Rule 2 Court scheduling/practice and procedure

Baldwin's Kentucky Revised Statutes Annotated18th Judicial Circuit - Harrison, Nicholas, Pendleton and Robertson Family Court

Baldwin's Kentucky Revised Statutes Annotated
18th Judicial Circuit - Harrison, Nicholas, Pendleton and Robertson Family Court
KY HNPR Rule 2
Rule 2 Court scheduling/practice and procedure
201 Regular Motion Hour Schedule
A) Pendleton County Family Court
Motion hour for Pendleton County will be held the first (1st) and third (3rd) Mondays of the month with motions heard as follows:
9:00 Civil Actions
10:00 Domestic Violence
11:00 Child Support
1:30 Juvenile Cases
B). Harrison County Family Court
Motion hour for Harrison County will be held the first (1st) and third (3rd) Wednesdays of the month with motions heard as follows:
9:00 Civil Actions
10:00 Domestic Violence
1:00 Child Support
1:30 Juvenile Cases
C. Robertson County Family Court
Motion hour for Robertson County will be held the first (1st) and third (3rd) Tuesdays of the month at 10:00 AM. All matters will be set at this time.
D. Nicholas County Family Court
Motion hour for Nicholas County will be held the first (1st) and third (3rd) Tuesdays of the month with motions heard as follows:
1:00 PM--all civil, domestic violence, and child support actions
1:30 PM--juvenile matters
E. General Information Concerning Scheduling
(1) In all counties the juvenile docket will be called as follows: 1) adoptions, 2) any case involving a person held in custody that has been transported to Court, 3) juvenile status cases, 4) all other matters.
(2) There will be no motion hour during any scheduled Judicial College, if the courthouse is closed for any reason (i.e. holiday or inclement weather), or if the Family Court Judge is not available. In the event that there is no regular motion hour, all motions scheduled for that date shall be automatically passed to the next regularly scheduled motion hour in that respective county. The Court will observe the Commonwealth of Kentucky state holiday schedule and may reset a regular docket day in the event that the date would otherwise fall on a state holiday.
(3) All motions shall be filed in the Office of the Circuit Court Clerk by the close of business, no later than ten (10) days prior to the scheduled motion hour. If the filing deadline falls on a holiday, or falls on a day when the Circuit Court Clerk's Office in that respective county is closed, then all motions shall be filed by the close of the next business day. Any urgent matters may be set after the expiration of the filing deadline only with the permission of the Court. In all cases, the party filing the motion must provide notice to the opposing party. A matter will not be heard if the opposing party is not provided with reasonable notice.
204 Contested Motions
Any motion requiring a hearing in excess of fifteen minutes may be set for a special hearing time outside of the regular motion hour docket. A party shall request a hearing time by filing a motion to schedule a hearing, and by noticing the scheduling motion for hearing on the regular motion hour docket.
A) In any contested hearing all parties shall disclose and identify, ten days prior to the hearing date, any expert witnesses that they intend to call as a witness, and shall provide a list of all other witnesses that may be called to testify. At least ten days prior to the hearing date, the parties shall also produce and exchange any documents, correspondence, media, photographs, recordings or videos that they intend to submit as exhibits.
B) A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.
205 AOC Forms
In any matter in which a form is provided by the Administrative Office of the Courts, a party may utilize the form. However, forms are not required and matters may be presented in any manner that is in compliance with the FCRPP.
206 Guardian Ad Litems and Friends of the Court
A) The Court may utilize Friends of the Court in civil (cases labeled “CI”) and domestic matters (cases labeled “D”). Any licensed attorney, in good standing with the Kentucky Bar Association, may submit their name for appointment as a Friend of the Court to be included on the Court's rotating appointment list. Any provider of professional services, licensed and insured pursuant to applicable law in the professional's respective field may submit their name for appointment as a Friend of the Court when appropriate. This may include, but is not limited to, private investigators, counselors, or medical professionals who believe that the Court may have need of their services and recommendations in a civil or domestic case. Any Friend of the Court that makes recommendations or reports to the Court shall be subject to cross examination. The terms of the appointment shall be set out in the Court's Order appointing. Payment of Friends of the Court will be the responsibility of the parties. Terms of payment will be set at the time of appointment. Any Friend of the Court must be willing to accept payment at a discounted rate in appropriate cases.
B) The Court may utilize a Guardian Ad Litem to represent a child or children in civil matters (cases labeled “CI”) and domestic matters (cases labeled “D”). The Court will appoint any licensed attorney, in good standing with the Kentucky Bar Association, who is included on the “Friend of the Court” appointment list. A guardian ad litem will perform the services of an attorney, shall not make recommendations, and will not be called as a witness in the case.
C) The Court shall appoint a Guardian Ad Litem to represent unmarried infants in juvenile cases (cases labeled “J”), persons of unsound mind, or adult prisoners named as defendants or respondents. The Court's rotating appointment list for Guardians Ad Litem in juvenile matters shall be separate from the list utilized for Friends of the Court. The Court will also utilize this list to appoint representatives for indigent parents in juvenile cases and warning order attorneys.
1) Any licensed attorney in good standing with the Kentucky Bar Association may be appointed if that attorney has completed the AOC approved Guardian Ad Litem training.
2) The appointment is to be made, and compensation paid, according to applicable statute.
3) The Guardian Ad Litem shall file an Answer on behalf of their client.
4) The failure of a Guardian Ad Litem to appear, or the failure of the Guardian Ad Litem to file a written Answer may result in sanctions, including removal from the appointment list.
5) In making appointments, the Court shall utilize the rotating list. However, preference will be given to an attorney that is present in court when appointment is necessary during motion hour.
6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.
207 Ex Parte Motions
Ex parte motions may be submitted pursuant to FCRPP 2(8). A copy of the filed motion shall be submitted directly to the Court. Ex parte motions will not be considered unless the matter is a true emergency that could result in an irreparable injury to the moving party. Attorneys should carefully review these matters and exercise discretion in determining whether the matter is appropriate for an ex parte motion. In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion. The motion must describe the action taken to exhaust these remedies.
208 Notice to a Child's School
In any matter that is not a confidential case, the parties shall provide a copy of any order affecting custody or timesharing to the subject child's school. The Court may, sua sponte, direct the Circuit Court Clerk to distribute a copy of an order to a school or child care facility. The Court shall endeavor to utilize plain, clear, and concise language to ensure that all orders affecting custody and timesharing are easily understandable.
209 Children as Witnesses
In the event that a child is called as a witness the Court may, sua sponte or upon motion, conduct the examination of the child in chambers. All such examinations will be recorded. Any video of a child witness will be sealed and will only be released upon conditions set out by the Court on the record or by Order of the Court. The provisions of KRS 421.351 are to be followed by all parties.
210 Tendered Orders
In any tendered order the judge's signature line should not be placed so that it is on a page separate and apart from the text of the Order. At least some of the text should be visible on the page with the signature. Those preparing tendered Orders should leave space at the bottom of the preceding page when necessary to avoid isolating the signature line.

Credits

HISTORY: Amended eff. 5-14-16. Amended effective April 21, 2012.

Footnotes

*
Adoptions are to be set at this time.
Harrison, Nicholas, Pendleton and Robertson Family Court Rule 2, KY R HARRISON FAM CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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