FCRPP 40.Case Management Conference
Last amended January 1, 2023 · Current through July 1, 2026 · Last verified September 8, 2026
Full Text of FCRPP 40
Amendment History
Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.
HISTORY: Adopted by Order 2022-58, eff. 1-1-23
Plain-English Summary
Unless the court is told the case is being mediated, either party may move for a case management conference within 60 days of service of the petition on the respondent, or the court may schedule one on its own motion. Both parties and their counsel attend unless the court orders otherwise.
Preparation is required rather than optional. Each party files any related motions and any stipulations or agreements reached at least 7 days before the conference, so the conference starts from a known position rather than establishing one.
Non-attendance carries real risk, and the rule surrounds it with process. The court may conduct a hearing at which proof is taken, or dismiss the case. But no case may be dismissed solely because a party failed to attend without first issuing a show cause order and serving it on the absent party and counsel of record by mail to the last known address.
That notice must say, clearly and plainly, that failing to attend the next scheduled appearance could result in dismissal of the action and termination of all temporary orders — including temporary custody, parenting time, time-sharing, visitation, child support and maintenance. A litigant is told exactly what they stand to lose before they lose it.
Frequently Asked Questions
When can a case management conference be requested in Kentucky?
Within 60 days of service of the petition upon the respondent, unless notice is given to the court that the case is being mediated. Either party may move for one or the court may schedule it on its own motion.
What must I file before the conference?
Any related motions and any stipulations or agreements reached, at least 7 days prior to the conference.
Can my case be dismissed if I miss the conference?
Not on that basis alone without process. No case shall be dismissed based solely on a party's failure to attend without the issuance of a show cause order and service of that order on the absent party and counsel of record by mail to the last known address.
What does the show cause notice have to say?
It must clearly and plainly state that failure to attend the next scheduled court appearance could result in dismissal of the action and termination of all temporary orders, including temporary orders of custody, parenting time, time-sharing, visitation, child support and maintenance.