HB 424 became law July 15, 2006, as we reported April 11, 2006. Yet, we have heard the Kentucky Administrative Office of the Courts is delaying enforcement pending the Kentucky Supreme Court’s likely revision of the Kentucky Rules of Civil Procedure.Read More
Thanks to John H. Helmers, Jr. for his comment on this proposed change to the civil rules: “It seems classic overkill to eliminate the use of the names of children from every pleading (Petitions for Dissolution of Marriage, Motions, Custody Evaluations, Affidavits) to prevent identity theft. Have there been verified instances where individuals have used...Read More
Where to file an appeal has frustrated many taking an appeal from Family Court. It you know which courts are established pursuant to Ky. Const. section 110 (5) (b) and section 112 (6), this proposed rule change will clear everything up: CR 73.01 (2): All appeals shall be taken to the next higher court by...Read More
The Court of Appeals is already, by order, putting most of these matters on a fast track, as well as child custody cases. The proposed rule would provide: CR 71.12(2)(a), (3)(b) and (4)(c) and (d) BriefsRead More
The following proposed civil rule change is on the docket for the KBA June Seminar: CR 10.01 Caption; names parties – personal data identifiersRead More
The Kentucky Supreme Court has proposed an Amendment to the Kentucky Rules of Civil Procedure regarding the citation of unpublished decisions, as follows: The proposed amendments to section (4)(c) of CR 76.28 are:Read More
Combs v. Daugherty and Jennifer Combs, Real Party in Interest, 170 SW3d 424 (Ky.App., 2005) Discovery from child support obligor for purpose of recalculating child support is not permitted until a motion for modification of support is filed.Read More
Com., Cab. For Health & Family Services v. Byer, 173 SW3d 247 (Ky.App,. 2005) Cabinet for Health & Family Services was a party to the action because it initiated dependency action, but trial court order directing the Cabinet to pay expert witness fees was reversed because KRE 760(A) requires a court to enter a show...Read More
Gullion v. Gullion, 163 SW3d 888 (Ky., 2005) Affidavits are not required for CR 59 motions. Upon remand the trial court is directed to consider only evidence in existence at the time of trial. A custody modification cannot be requested until there is a final custody order to modify.Read More
