Bell Circuit Court Pre-Motion Conference Requirements

CRITICAL

A status quo order requires a motion and hearing; the motion may be filed with the Petition or later, and the hearing must be noticed for the next appropriate motion day after 20 days from service of process.

No status quo order shall be issued by the Court without a motion for such and a hearing thereon in compliance with FCRPP 2(5). Notwithstanding the provisions of Rule 206(1)(b) above, a motion for a status quo order may be filed of record contemporaneously with the Petition or at any time thereafter. The hearing on such motion shall be noticed for the next appropriate motion day following the expiration of twenty (20) days from the service of process in the action.

CRITICAL

Unless the Court orders otherwise, Family Law actions must have an in-court case management conference within 20 days after the Respondent appears; the parties must discuss the listed topics, and the parties and counsel must attend.

1. Case Management Conference. (a) Pursuant to FCRPP 2(6), unless otherwise ordered by the Court, all Family Law actions shall be scheduled for a case management conference in court no later than twenty (20) days from the entry of appearance of the Respondent, by Response or otherwise. If possible, the case management conference shall be scheduled for the first Family Law motion day falling within that twenty-day period. (b) At the case management conference, the parties shall discuss with the Court, inter alia, the possibility of mediation, the objectives of the parties, the most expeditious course toward the final resolution of the matters involved in the action, and any court dates that the parties reasonably foresee will be necessary. (c) Unless otherwise ordered by the Court, the parties as well as counsel shall attend the case management conference.

CRITICAL

Before filing a discovery-order motion, counsel or the parties must confer in good faith, be unable to resolve their differences, and exhaust extrajudicial means; agreed-order submissions are exempt.

No motions for orders pertaining to discovery shall be filed of record with the Bell Circuit Court Clerk unless accompanied by a certificate of moving counsel that counsel or the parties involved in the discovery matter have conferred, and are unable to reconcile their differences, and that counsel or the parties have otherwise exhausted all extrajudicial means in a good faith effort to reconcile their differences. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.

WARNING

Unless the Court orders otherwise, parties may—but are not required to—file replies or surreplies; filings beyond a surreply require leave of Court.

Unless otherwise ordered by the Court, a party may file of record responsive filings in the nature of a reply or surreply, however such shall not be required. No responsive filings beyond those in the nature of a surreply shall be permitted without leave of Court.

WARNING

Rule 503 does not apply to uncontested dissolution of marriage and property division actions.

This rule shall not apply to the dissolution of marriage and property division actions that are uncontested.

WARNING

The parties may mediate during the action but not before the case management conference unless the Court orders otherwise; at that conference, the Court may order mediation if practicable and preferable.

2. The parties may voluntarily engage in mediation at any time during the pendency of an action, except that in no case shall mediation be undertaken prior to the case management conference, unless the Court orders otherwise. 3. The Court will inquire into the practicability and preferability of mediation at the case management conference, and if it is practicable and preferable, the Court may order mediation as authorized by FCRPP 2(6).