preparing for divorce litigation family law 101

PREPARING FOR DIVORCE LITIGATION -

FAMILY LAW 101

Sponsor: Young Lawyers Division CLE Credit: 1.0

Thursday, June 14, 2018 8:30 – 9:30 a.m.

Thoroughbred 1-3 Lexington Convention Center

Lexington, Kentucky

A NOTE CONCERNING THE PROGRAM MATERIALS

The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority.

Printed by: Evolution Creative Solutions 7107 Shona Drive

Cincinnati, Ohio 45237

Kentucky Bar Association

TABLE OF CONTENTS The Presenters ................................................................................................................. i Preparing for Divorce Litigation ....................................................................................... 1

Step 1: Discovery................................................................................................ 2 Step 2: Docket Deadlines ................................................................................... 3 Step 3: Identify Exhibits ...................................................................................... 4 Step 4: Compile Trial Binder ............................................................................... 4 Step 5: Draft Trial Outline ................................................................................... 5 Step 6: Prepare Witnesses ................................................................................. 8 Interrogatories and Requests for Production of Documents Propounded upon the Petitioner .......................................................................... 9 Witness List ....................................................................................................... 15 Respondent's Witness & Exhibit Lists ................................................................ 17 Hearing Binder No. One (1) Index ...................................................................... 19

THE PRESENTERS

Megan C. Cleveland Goldberg Simpson, LLC

9301 Dayflower Street Prospect, Kentucky 40059-7585

MEGAN C. CLEVELAND is an associate with Goldberg Simpson, LLC and focuses her practice in the area of family law. Prior to joining the firm, she served as a law clerk for the Franklin County Family Court judge. Ms. Cleveland received her B.A. from Transylvania University and her J.D. from the Louis D. Brandeis School of Law at the University of Louisville. She is a member of the Kentucky Bar Association and its Young Lawyers Division and Family Law Section. Ms. Cleveland is also an active member of the Junior League of Louisville, the Associate Board for Gilda's Club of Louisville and the Red Shoe Crew for the Ronald McDonald House. Lindsay I. Hart Goldberg Simpson, LLC 9301 Dayflower Street Prospect, Kentucky 40059-7585 LINDSAY I. HART is an associate with Goldberg Simpson, LLC and focuses her practice in the area of family law. Prior to joining the firm, she served as an intern for Magistrate Judge Michael Newman, United States District Court for the Southern District of Ohio. Ms. Hart received her B.S. from Eastern Kentucky University and her J.D., with honors, from Salmon P. Chase College of Law, where she was a published editor of the Northern Kentucky Law Review. She is an active member of the Ronald McDonald House Development Committee, the Cystic Fibrosis Foundation and is a co-chair of the Kentucky Justice Association's Family Law Division. Ms. Hart is a member of the Kentucky Bar Association and its Young Lawyers Division and Family Law Section.

i

Allison S. Russell Goldberg Simpson, LLC

9301 Dayflower Street Prospect, Kentucky 40059-7585

ALLISON S. RUSSELL is a partner at Goldberg Simpson, LLC and exclusively practices family law with a primary focus on appeals. Prior to joining the firm, she served as a staff attorney to a Jefferson Circuit Court judge. Ms. Russell is a graduate of DePaul University and received her J.D. from the Louis D. Brandeis School of Law at the University of Louisville. She is a member of the Louisville and Kentucky Bar Associations and the League of Louisville Family Law Associates. Ms. Russell was named a Super Lawyers Rising Star.

ii

PREPARING FOR DIVORCE LITIGATION Allison S. Russell

When mediation fails, the next step in the divorce process is a bench trial. The biggest mistake an attorney can make is to show up unprepared. Preparing for a bench trial versus preparing for a jury trial is very different for obvious reasons. Primarily, in a bench trial, you only have to convince one person to side with you as opposed to twelve. Below are some other critical differences between litigating a bench trial versus a jury trial: While juries may get distracted by flashy PowerPoint presentations or graphics

on a screen, judges typically just want to focus on the black and white facts. They will rein you in if you engage in pomp and circumstance.

Most of the time, judges do not require an opening statement or closing

argument in divorce bench trials. They want to immediately jump into testimony after pretrial motions are handled, and therefore, you do not need to waste a lot of time drafting an opening statement or closing argument.

Your presentation in a bench trial can be rife with legal terms of art that a jury

would not normally understand. There are also some similarities when presenting at a bench trial. Here are some examples of such similarities: You still need to develop a theory of your case and/or narrow your presentation

to three main principles that you wish to convey to the judge throughout your presentation.

Your direct and cross-examinations still need to be on point, clear, and concise. You need to have a good grasp of the rules of evidence and know how to make

and respond to objections. In all actuality, the time to begin preparing for trial is when you are drafting the Petition for Dissolution of Marriage or Response thereto. From the onset, you should be acquiring financial documents, because those will help you at any stage in the divorce – the preliminary financial disclosure, attachments to motions, exhibits at temporary hearings, preparation for and attendance at mediation, trial, post-trial motions, appellate brief, etc. Some clients ("Client A") have every single bank statement, paystub, tax return, receipt, invoice, etc. scanned into their computer and ready to go. You will occasionally encounter a client ("Client B") who does not have any clue regarding what assets the parties have, how much their spouse earns, etc. Regardless of where your client falls in the spectrum, the following steps will need to be taken to adequately prepare for litigation.

1

I. STEP 1: DISCOVERY

Discovery lays the foundation for success at trial. If discovery is done thoroughly and well in advance of trial, it can make the difference between losing or winning on a critical issue. For example, when one party is making non-marital claims, it is vital to send discovery asking for a thorough tracing. Unsurprisingly, most people cannot produce a sufficient tracing. A thorough and comprehensive request for all tracing documents can actually lead a party to the realization that they will likely not be able to prove certain claims, which in turn promotes settlement. If you happen to be representing Client A and already have the vast majority of documentation regarding the parties' assets, you will still want to engage in the discovery process, because it will nail down the opposing party's potential testimony at trial. If you have Client B, you will obviously have to begin propounding discovery right away just to get a complete picture of the overall marital estate. A basic set of discovery is attached. A. Things You Definitely Want to Request:

1. Credit card statements. 2. Bank statements – checking and savings. 3. Retirement account statements. 4. Other consumer debt statements – vehicle loans, medical bills,

etc. 5. Mortgage statements. 6. Paystubs. 7. Federal & State Tax Returns, W-2s, K-1s, 1099s, etc. 8. Itemized list of expenses and supporting documentation, including

monthly bills.

B. Things You Will Need to Subpoena:

1. School records. 2. Medical records. 3. Phone records. 4. Employment records.

With regard to medical records, it is important to note that Family Court Rule of Practice and Procedure (FCRPP) 2(3), sets out a mechanism for obtaining the other party's HIPAA waiver/release. It is best to attempt to exchange these

2

releases prior to commencing discovery as subpoenaing medical records without it is typically a futile endeavor. Always search CourtNet and perform a Google search for any party and all potential witnesses. If you find something relevant on CourtNet, request a certified copy of the case file from the clerk. These lists are by no means exhaustive. However, they should provide you with enough foundation to get started in your quest for more information. Be patient and careful when reviewing bank statements. The term "follow the money" should be your mantra. If money is being transferred to and from other accounts that were not disclosed in discovery, you will need to send additional discovery requests and issue subpoenas.

II. STEP 2: DOCKET DEADLINES

If the Court enters an Order setting forth trial deadlines, docket them immediately. If not, look to the Local Rules and FCRPP for guidance. One overlooked rule that most litigants ignore is FCRPP 7(1). That rule reads as follows:

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony, other than a parent or the child(ren) of the parents, expected to be called as a witness, as well as a list of exhibits to be entered.

The Supreme Court of Kentucky has held that the failure to abide by this rule may result in the exclusion of any evidence proffered by the offending party. See Commonwealth v. S.H., 476 S.W.3d 254 (Ky. 2015). Attached is an example of a Witness and Exhibit List that complies with FCRPP 7(1). The FCRPP also provides specific deadlines for pre-hearing compliance when it comes to child support modification and maintenance hearings. In addition, pay close attention to specific portions of Trial Orders and FCRPP 3(b) and (c), which dictate the timeline for filing a final verified financial disclosure. Strictly adhere to all deadlines unless you want the majority or all of your case to be the subject of a Motion in Limine. Be mindful of the thirty day deadline for responding to Requests for Admissions. It can be devastating to your case if the Court deems admitted a laundry list of false accusations that you could have easily responded to with the word "deny." Last but not least, pay close attention to all deadlines relating to expert witnesses. During your initial consultation, you should already be thinking about whether you will need an expert to value a business, a real estate appraisal, a forensic accountant, a custodial evaluator, etc. If you begin lining those up prior to mediation, it typically promotes settlement. If the case does not settle, you at

3

least already have a rough expert witness list and CR 26.02(4) disclosure in the works.

III. STEP 3: IDENTIFY EXHIBITS

After reviewing discovery responses and pleadings with a fine-tooth comb, you should have a good idea of which documents will make good exhibits to prove each of your client's claims.

Keep in mind that not everything obtained via discovery is relevant. While text messages and emails can be entertaining to review, be mindful that the judge probably sees thousands of such messages each year. We suggest limiting such exhibits to three or less. Previously, we had mentioned that even though it is a bench trial, you still need to focus on your theory of the case. If you are trying to prove that one party is an irresponsible parent, that can be accomplished a number of ways – not just via that parent's text messages. Further, typically if the parties have reached the point where they are going to trial, they are not being very nice to each other. Submitting text messages and emails as exhibits can be just as damaging to your client.

If you are seeking maintenance or child support above the guidelines, you must submit not only a detailed, itemized list of monthly expenses, but also supporting documentation for each expense claimed. Bank statements and credit card statements are the primary way to prove the validity of a majority of expenses. If you have several months' to a year's worth of statements, it can become quite unwieldy and voluminous. The last thing you want to do is to waste time going over hundreds of pages' worth of statements. Therefore, consider preparing a summary exhibit, which is governed by KRE 1006. That rule provides a method for clearly and concisely proving children's and personal expenses. KRE 1006 provides as follows:

The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. A party intending to use such a summary must give timely written notice of his intention to use the summary, proof of which shall be filed with the court. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court.

Author's note: Typically, we like to compile the data, generate a chart, and send both the data and the chart to opposing counsel at least thirty days prior to trial. At trial, we produce a binder of the data and proof that it was sent to opposing counsel. Then, we ask the court whether it would like the hard copy filed with the court or a disc containing the data. Nearly 100 percent of the time, courts ask for the disc as they do not want volumes of data clogging their files.

IV. STEP 4: COMPILE TRIAL BINDER

Author's note: the attorneys at Goldberg Simpson highly recommend the use of trial binders with tabbed exhibits and an index. The exhibits are also Bates

4

stamped. Not only does this help the judge, it makes the record clearer for purposes of appeal. If the court excludes an exhibit, you simply remove that exhibit from the binder. You will look significantly more polished and organized than opposing counsel if your exhibits are organized in trial binders. Further, it is also a good idea to contact the court prior to trial to determine whether the judge's staff attorney will be sitting in during trial. If so, prepare a trial binder for the staff attorney as well. An example of a trial binder cover and index is attached.

V. STEP 5: DRAFT TRIAL OUTLINE

Drafting an outline of all your exhibits, your direct and cross-examinations, the history of the case, the expected testimony, relevant law, etc. can be daunting, to say the least. The best place to start is with the direct examination of your client. That is the person you've had the most contact with, so by the time you reach the trial prep phase, you should know their position on most everything and the general story of the parties' relationship. Specifically, start with your client's direct examination and draft a rough general overview. This general overview is simply a list of open-ended questions about the basics. For example: Please state your full name for the record. Where do you live? What is your date of birth? How old are you? Are you married? How many children do you have? From there, you can branch your way out to narrower, specific details. For example, after a few revisions, a piece of that general overview may look more like this: How many children do you have?

1. Full name of Child #1.

a. Date of birth – MM/DD/YY. b. Current age – xx years old. c. School – John Doe Elementary School. d. Grade – 3rd.


a. Date of birth – MM/DD/YY.

5

b. Current age – x years old. c. School – John Doe Elementary School. d. Grade – 1st.


a. Date of birth – MM/DD/YY. b. Current age – x months old. c. Attends daycare at John Doe's Early Start Daycare.

4. What is the current parenting schedule?

a. 50/50. b. Mom – M, T. c. Dad – W, Th. d. Alternate EOW.

5. Is that schedule working?

Why/Why not?

Once you have fleshed out a general outline of how you want the testimony to flow, you can begin filling in where you want to introduce exhibits. (You will have to re-arrange the order of your trial binders several times before it is perfect.) If a temporary parenting schedule is in place, and your client is contesting it, an example of a more in-depth portion of the foregoing outline is as follows:

Is the current parenting schedule working?

1. No. 2. Why? 3. Spouse cannot get children to school on time.

a. EXHIBIT – Child #1's school records. b. EXHIBIT – Child #2's school records.

4. Spouse does not take children to doctor when they are sick.

EXHIBIT – Children's pediatric records.

6

5. Spouse lives in a one (1) bedroom apartment with boyfriend and two other children.

EXHIBIT – Lease Agreement.

6. Spouse yells vulgar insults in presence of children when exchanging the children.

EXHIBIT – Home video of exchange.

The last step in the outline process is to fill in the Bates pages that you want your witness (and thus, the judge) to focus on and note potential objections and the responses thereto. The end result of the foregoing section may look like this: Spouse cannot get children to school on time.

1. Mr. Client, please direct your attention to Tab 1 in Petitioner's Trial Binder. Could you please identify those documents for the court?

a. EXHIBIT 1: These are Child #1's school records.

i. Possible Objection: HEARSAY. "Your Honor, these documents are certified as official records, and are thus excepted from the Hearsay Rule pursuant to KRE 803(6)."

ii. Possible Objection: RELEVANCE. "Your Honor,

custody and parenting time are issues in this case, so the status and location of their schooling is relevant to both issues."

b. Have you seen these records before? c. Tell the court whether these records were certified, and if

so, by whom?

Yes, they were certified last month by Jane Record Keeper, the school secretary.

2. Mr. Client, now please flip to Bates stamped page 6. What is the

title of this document?

a. Truancy Letter. b. And what does this letter indicate? c. As of one month ago, Child #1 has missed school

seventeen times over the past three months and has been late twelve times.

7

d. The dates in the letter showing when they were late or missed school correspond with Spouse’s parenting time as they are always on Mondays and Tuesdays.

e. How has the child's truancy affected him/her?

i. Grades are poor. ii. Please flip to Bate Page #18. iii. What is this document? iv. Child #1's Fall Semester Report Card. v. What is the child's GPA according to this

document? vi. What were the child's grades like previously?

3. Your Honor, I'd like to admit the school records under Tab 1 as Petitioner's Exhibit 1.

The end result may be a twenty-plus page document and it may take several hours to compile, but you basically have a road map for the entire trial. You can lean on this outline in the event you become nervous or are afraid you might leave something out accidentally. It is an insurance policy for a clean, coherent, well organized trial presentation.

VI. STEP 6: PREPARE WITNESSES

The final step in the process is to meet with all of your known witnesses and possible rebuttal witnesses individually. Go over the outline with them and be open to their suggestions and changes – especially an expert's proposed re-wording. If you have a video of a trial or trial testimony, share that with your client so they know exactly what to expect when they walk into the courtroom, including where the judge will be seated, where the witness stand is, who sits at what table, etc. Instruct them on what to wear and what not to wear. Explain to them carefully what your expectations are with regard to their behavior during trial (i.e. – no sighing, no rolling eyes, etc. Yes, some clients need those specific instructions.)

8

ACTION NO. _________________ __________________ COURT FAMILY DIVISION __________ (_) JOHN DOE PETITIONER v.

INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

PROPOUNDED UPON THE PETITIONER JANE DOE RESPONDENT

* * * * * * * *

Comes the Respondent, Jane Doe, by counsel, and submits the following Interrogatories and Requests for Production of Documents to the Petitioner, John Doe, to be answered within thirty (30) days from the date of service hereof pursuant to the Kentucky Rules of Civil Procedure. Each Interrogatory shall be answered separately and fully in writing under oath. Pursuant to CR 26.05, these Interrogatories shall be deemed continuing in nature, requiring supplemental answers to Respondent's Counsel if the Petitioner and/or his counsel obtain further information of the nature sought herein after the time the answers are served.

INTERROGATORIES 1. Please state your current total gross earnings per month from any and all sources, including bonuses, and itemize any deductions made from said monthly gross earnings. ANSWER: 2. Please list the amount and identify any and all sources of income, including, but not limited to, dividends, earned interests, and rents from January 1, 20__,to the present. ANSWER: 3. Please provide a list of any and all corporations, partnerships, sole proprietorships, joint ventures, and/or any other business entities in which you have an ownership interest. For each said business entity, please state the name of said business; the percentage of your ownership in said business; and value of said ownership interest. ANSWER: 4. Please list any and all depository or trust accounts, including, but not limited to, checking accounts, savings accounts, brokerage accounts, money market accounts, ready access accounts, and certificates of deposit, to which you have or have had

9

access to or in which you have had an interest in from January 1, 20___, through the present, whether held in your name, in trust for the benefit of you, jointly with any other person, or in the name of any business. For each such account, please state the name and address of the financial institution, the type of account, the account number in whose name the account is legally titled, the balance on date of separation, and the current balance of the account. ANSWER: 5. Please list any and all stocks, stock options, bonds, mutual funds, securities, shares, or other similar security interests held in your name, individually or jointly, or which are held on your behalf by any trust, individual or entity. For each such asset, please state the name and address of the financial institution; type of account; stock name; amount of shares owned; and, the current value of said asset. ANSWER: 6. Please list any and all pension plans, profit sharing plans, deferred benefit plans, individual retirement accounts, deferred compensation plans, 401(k) plans, Keogh plans and/or any other retirement plans in which you have an interest. If you did have an interest in a retirement plan as of the date of the marriage, but no longer have said interest, please explain when the interest was terminated, for what purpose the interest terminated, and what was done with the proceeds from said interest. ANSWER: 7. Please state whether you have made any gifts of funds, money, property or property rights in excess value of $250.00 to any person other than your spouse within the past five (5) years, stating the date of said gift, the value of said gift at date given, the name and current address of the person or entity who received said gift, and the reason said gift was given. ANSWER: 8. Please state whether you maintain a safety deposit box. If the answer is in the affirmative, please provide the detailed location of the safety deposit box and a complete detailed inventory of the contents of said safety deposit box including any items removed since January 1, 20__. ANSWER: 9. For any cash or liquid assets in your possession or maintained by anyone or in any account on your behalf, please state the amount, the date it was acquired or received, its current location, and its source. ANSWER:

10

10. Please list each and every charge and/or credit card account to which you have had access to or have used since January 1, 20____. For each such account, please state the financial institution, account number, credit limit, and the current balance amount. ANSWER: 11. Please list all debts owed by you as of the date of responding to these Requests; and with respect to each debt listed, please state the date acquired, the original amount of said debt, the current balance, the purpose incurred, and any collateral pledged as security for said debt. ANSWER: 12. Please list by carrier and policy number all life insurance policies, of any kind, carried on the life of you or Respondent since the date of marriage to the date of responding to these Requests. For each policy of life insurance listed, please state its death benefit, the amount of any loans outstanding thereon, and its cash value as of the date of responding to these Requests. ANSWER: 13. Please list, by complete address, all residential and commercial real estate in which you presently have an interest. For each said property, please state whether said interest is ownership or rental, the acquisition date, the price at acquisition, and the amount of any debt on said interest. ANSWER: 14. Please state with specificity your tracing of each and every non-marital claim which you may assert in this dissolution of marriage proceeding and the basis upon which each such claim may be made. ANSWER: 15. Please state whether you have commissioned and/or had prepared or have knowledge concerning any appraisal reports and/or valuations of any property of any nature whatsoever in which you have an interest, at any time between January 1, 20___ and the date of responding to these Requests, including but not limited to trust assets, real estate, personal, intangible property, and business interest(s), and list each such appraisal and/or valuation prepared, stating the name, address and telephone number of each appraiser/valuator, the subject interest, and the date of appraisal/valuation. ANSWER: 16. Identify each person you intend to call as an expert witness at trial and state the subject matter on which each such expert is expected to testify, the substance and facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion and produce a copy of any report, including factual observations and opinions, which has been prepared by any such expert. ANSWER:

11

17. Identify by name, address, and telephone number each person known to you or of whom you have been informed who has any information or who purports to have any information regarding any facts or circumstances relating to the subject matter of this action including, but not limited to, each witness that you may call to testify at any hearing or trial of this action. ANSWER:

REQUESTS FOR PRODUCTION OF DOCUMENTS

1. For each business entity listed in your answer to Interrogatory #3 herein, please produce a copy of the last two years’ income tax returns filed by said business, set up and/or corporate documentation, and any appraisals/valuations performed on said businesses. RESPONSE: 2. For each account listed in your answer to Interrogatory #4 herein, please produce all monthly, quarterly or periodic statements of account from January 1, 20___, through the date of responding to these Requests. RESPONSE: 3. For each security and/or asset listed in your answer to Interrogatory #5 herein, please produce all securities transactions and statements of accounts from January 1, 20___, through the date of responding to these Requests, along with all documentation verifying said securities and/or assets. RESPONSE: 4. For each interest and/or retirement plan listed in your answer to Interrogatory #6 herein, please produce all statements of account from January 1, 20___, through the date of responding to these Requests, including but not limited to the most recent statement of account with respect to each interest and/or retirement plan. RESPONSE: 5. For all credit card accounts listed in your answer to Interrogatory #12 herein, please produce all itemized statements for the period January 1, 20__, through the date of responding to these Requests. RESPONSE: 6. For all debts listed in your answer to Interrogatory #11 herein, please produce all documents evidencing said debts. RESPONSE:

12

7. For all life insurance policies listed in your answer to Interrogatory #12 herein, please produce a copy of the policy, the policies declarations page, and documentation of the cash surrender values. RESPONSE: 8. For each real estate property listed in your answer to Interrogatory #13 herein, please produce a copy of the deed for each parcel of real estate, all documents related to acquisition of each parcel of real estate, the annual tax assessments of each parcel of real estate, and all documents evidencing any debt thereon including, but not limited to, mortgage loan(s), home equity loan(s), and/or personal loan(s). RESPONSE: 9. Please produce copies of each and every document which you may use and/or upon which you may rely in tracing each and every non-marital claim(s) identified in your response to Interrogatory #14. RESPONSE: 10. Please produce a complete copy of each appraisal report/valuation listed in your response to Interrogatory #15. RESPONSE: 11. Please produce a complete copy of any and all personal financial statement(s) which you have prepared or had prepared for you from January 1, 20___, through the date of responding to these Requests. RESPONSE: 12. Please produce any and all other documents referenced in or that support your responses to any and all Interrogatories herein. RESPONSE: 13. For each expert witness identified in your answer to Interrogatory No. 15 herein, please produce his or her curriculum vitae and any and all reports, notes, documents, files and/or correspondence produced or prepared by each identified expert witness. RESPONSE:

13

Respectfully submitted,

Allison S. Russell, Esq. GOLDBERG SIMPSON, LLC Norton Commons 9301 Dayflower Street Prospect, Kentucky 40059 Telephone: (502) 589-4440 Facsimile: (502) 581-1344 E-mail: [email protected] Counsel for Respondent

CERTIFICATE OF SERVICE

It is hereby certified that a copy of the foregoing has been mailed on this the __ day of June, 2018 to: Opposing Counsel, Address, City, State, Zip. ______________________________ Counsel for Respondent

14

mailto:[email protected]

COMMONWEALTH OF KENTUCKY NELSON CIRCUIT COURT 10TH JUDICIAL CIRCUIT

CASE NO. _____________ JOHN DOE PETITIONER v. WITNESS LIST JANE DOE RESPONDENT

*** *** *** *** *** *** *** *** Comes now, John Doe, by Counsel, and for his compliance with the Local Rules and FCRPP 7(1), identifies the following witnesses who might testify at the February 27, 20___ hearing in this matter:

1. John Doe Petitioner 2. Jane Doe Respondent 3. Dr. Child Therapy 6009 Brownsboro Park Blvd. Suite C Louisville, KY 40207 (502) 541-2194

Dr. Therapy is expected to testify as to the child's mental state and observations regarding the relationship between the parties and the child.

4. Social Worker

Cabinet for Health & Family Services 901 Atkinson Hill Ave. Bardstown, KY 40004 (502) 348-9282

Social Worker is expected to testify as to the events occurring after the Court's denial of Respondent's Motion for Immediate Return of the Child.

5. John Doe Spouse

123 Main Street Louisville, KY 40031 (555) 555-5555

Mrs. Doe is expected to testify as to how well the child has adjusted to the new parenting schedule, observations she has made about the child's behavior after visits with Respondent, and other observations pertaining to the child and the parties.

15

6. Any and all persons identified by, or called to testify by, Respondent; and 7. Any and all persons necessary to rebut any and all testimony and/or

evidence offered by, or on behalf of the Respondent. Petitioner reserves the right to supplement this compliance in the event that additional witnesses are discovered and/or become available. Respectfully submitted, _____________________________

Hon. Allison S. Russell GOLDBERG SIMPSON, LLC 9301 Dayflower Street Prospect, Kentucky 40059 Tel: (502) 589-4440 Facsimile: (502) 581-1344 [email protected] Counsel for Petitioner

CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing has been mailed and faxed on this the ____ day of February, 20___ to the following person and address: Opposing Attorney, Street, City, State, Zip.

_____________________________ Counsel for Petitioner

16


NO. __________ JEFFERSON CIRCUIT COURT FAMILY DIVISION FIVE (5) JANE DOE PETITIONER v. RESPONDENT'S WITNESS & EXHIBIT LISTS JOHN DOE RESPONDENT

* * * * * * * * Comes now, John Doe, the Respondent herein, by Counsel, and for his compliance with the Court's Order entered August 1, ____, submits the following list of Witnesses he may call and Exhibits that may be used at the October 14, ____ hearing:

WITNESS LIST

1. Jane Doe Petitioner; 2. John Doe Respondent; 3. Any and all persons identified by or called to testify by Petitioner; and

4. Any and all persons necessary to rebut any and all testimony and/or

evidence offered by, or on behalf, of the Petitioner.

Respondent reserves the right to supplement this compliance in the event that additional witnesses are identified, discovered and/or become available.

EXHIBIT LIST

1. The child's school records; 2. Petitioner's personnel file; 3. Respondent's personnel file; 4. Photographs of the child; 5. Invoices; 6. Land records; 7. Any and all exhibits introduced by Petitioner; and 8. Any and all exhibits necessary to rebut any and all exhibits and/or

evidence offered by, or on behalf of the Petitioner,

17

Respondent reserves the right to supplement this compliance in the event that additional exhibits are discovered and/or become available. Respondent reserves the right to amend and/or supplement this compliance in the event that further information becomes available and/or further witnesses or exhibits are identified. Respectfully submitted,

___________________________ Allison S. Russell, Esq. GOLDBERG SIMPSON, LLC 9301 Dayflower Street Prospect, KY 40059 Tel: (502) 589-4440 Fax: (502) 581-1344 [email protected] Counsel for Respondent

CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing has been e-mailed on this the ___ day of October, 2016 to: _____________________________ Counsel for Respondent

18


COMMONWEALTH OF KENTUCKY OLDHAM FAMILY COURT

FAMILY DIVISION ACTION NO. __________

JOHN DOE PETITIONER v. HEARING BINDER NO. ONE (1) INDEX JANE DOE RESPONDENT

** ** ** ** ** ** PETITIONER'S EXHIBITS:

Dr. Kelli Marvin's Curriculum Vitae ................................................................ Tab 1 Truancy Letter from South Oldham Middle School ........................................ Tab 2 ADHD Evaluation by Raskin & Associates ................................................... Tab 3

Records from Dr. Hinkebein .......................................................................... Tab 4 Family Photos ............................................................................................... Tab 5 Police Report ................................................................................................ Tab 6 DVD Deposition of Melanie Young ................................................................ Tab 7

19