Kentucky Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations

State:
Multi-State
Control #:
US-MOT-01429
Format:
Word; 
Rich Text
Instant download

Description

This is a multi-state form covering the subject matter of the title.

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FAQ

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion. Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted.

Is There Any Benefit to Filing for Divorce Before Your Spouse in Kentucky? As a general rule, it doesn't make a difference which spouse files first. I've seen some people who know they're about to go through a divorce wait for their spouse to file first to avoid paying the filing fee or to cut corners.

Think of motion hour as a mechanism for taking care of the weekly business so that divorce, legal separation, child custody, and support cases keep moving forward. Motions generally have to be filed (and served on the other party or lawyer) on the Tuesday prior to the next motion hour.

Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. The court can also divide the property if the spouses can't agree on a property division.

On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.

In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.

In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.

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Kentucky Motion to Make Specific Findings of Fact and State Conclusions of Law - Domestic Relations