Adair Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- At Least 5 Days Before Rule Day
Communication
Phone
Chambers
Page & Word Limits1 rule
Merits-motion memoranda and responses are limited to 25 pages each, and reply memoranda are limited to 5 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 5 pages
- Merits motions
- Motions to dismiss
- Summary judgment motions
- Motions to strike
- CR 12 02 motions
Court's wording
c. All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. The reply memorandum shall be limited to 5 pages in length.
Document Format Requirements1 rule
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
Document Filing Requirements50 rules
Protective-order petitions under KRS Chapters 403 and 456 must use form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
THE PETITION OR MOTION SHALL BE FILED WITH THE DISTRICT CLERK, WHO HAS BEEN DESIGNATED BY THE CIRCUIT COURT CLERK, AS THE CLERK OF THE DOMESTIC VIOLENCE SESSION
The judge reviewing a petition for an order of protection shall indicate in the ¿Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.
The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)
If applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)
A diversion order must include any applicable restitution, the diversion's duration, compliance with Probation and Parole rules, and the stated no-offense and other applicable conditions.
Court's wording
The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.
When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.
All motions and correspondence shall include the case number, the names of the parties. the date, and a designated type of motion.
- Document
- Motions and correspondence
Must include
- •Case number
The moving party shall attach to the motion a certificate of counsel which states counsel have conferred and that they have been unable to resolve their difference. The certificate should detail the attempts of counsel to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
A merits motion must include a memorandum stating its grounds and citing relied-upon authorities; failure to include it may be grounds for denial.
Court's wording
All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for denying the motion.
A party properly served with a supported motion must file a response memorandum stating its opposing grounds and citing supporting authorities.
Court's wording
Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.
Before filing a motion for a final adoption hearing, counsel must review Attachment A's checklist and certify how and when necessary parties were brought before the court and the applicable consent, termination order, or exception affidavit information.
Court's wording
Prior to filing a motion for final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Attachment "A" to these rules and certify the following: 1. The date and method by which all necessary parties were brought before the court. and 2. The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1)(a)-(d) or 199.502.
A copy of the proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption shall accompany the motion.
The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.
Pursuant to FCRPP 36, if an order terminating parental rights is entered, a copy of the order shall also be certified to the record in the underlying dependency, neglect and abuse case which shall be identified in the order.
A motion to submit for decree in a default case must state the specified pleading and service facts, and certify service and compliance with the Servicemembers’ Civil Act when applicable.
Court's wording
Pursuant to FCRPP 3(2), in all cases of default, the motion to submit for decree shall state the following: That no answer or pleading have been received by the moving party or counsel; That the Respondent was personally served and 20 days have elapsed since service, or that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney; and, c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.
An AOC-152 shall also be attached.
Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage" which the moving party desires the Court to adopt.
For disputed property matters at trial, the parties must file an AOC-239 or may instead file an affidavit stating there have been no changes since completion of the AOC-238, if filed.
Court's wording
Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
A Separation Agreement that departs from the KRS Chapter 403 child support guidelines must state the reason for the deviation.
Court's wording
If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.
Any Separation Agreement or Agreed Judgment for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for monthly Child Support Obligations and shall further comply with the requirements of FCRPP 9.
The requesting party shall file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.
The required witness and exhibit lists must identify expected witnesses and their addresses, briefly state the subject of their testimony, and list the exhibits to be entered.
Court's wording
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 expected to be called as a witness, as well as a list of exhibits to be entered.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
Every agreement that involves children shall have a copy of the standard visitation guidelines and code of conduct attached with both parties initialing the bottom of each page, unless a comprehensive alternative agreement is attached and signed by both parties.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and email address (optional) of the attorney or party signing the paper.
- Document
- Filing
Must include
- •Case number
The clerk may not release a video copy of an in-camera interview with a child without a specific written order; a person seeking the order must give the judge a written explanation identifying the requested portion and the specific purpose of the request.
Court's wording
The circuit clerk shall not release any video copies of in-camera interviews with children without a specific written order from the Circuit Judge in compliance with FCRPP 27. An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-camera interview with a child and specific purpose of the request.
Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for cach opinion.
The pre-trial statement must list trial exhibits, attach copies when feasible, and identify a convenient inspection location for exhibits that cannot be attached.
Court's wording
All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.
All witnesses and expert witnesses who may testify at trial shall be listed, along with their addresses and telephone numbers.
Jury Instructions shall be provided to the court and the opposing counsel at this time pre-trial compliance statements are distributed.
Notice of propounded interrogatories to opposing parties and request for admissions and notice of responses thereto, shall be filed of record in the office of the circuit clerk.
A discovery motion must include either a copy of or a reference to the discovery request in dispute.
Court's wording
To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket. The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired. The motion must include either a copy of or a reference to the discovery request in dispute.
Each discovery motion must include a counsel’s certificate stating that counsel conferred, the parties could not resolve the dispute, and extrajudicial means were exhausted.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.
b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.
If the parties reach a plea agreement at the required meeting, it must be reduced to writing and signed by the specified attorneys and defendant(s).
Court's wording
a. After a pretrial conference has been set by the Court, the Commonwealth Attorney and/or Assistant Commonwealth Attorney and counsel for the defendants) shall agree to meet and discuss any possible plea agreements or resolution of the case. At this meeting the defendant shall be present and if an agreement is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth Attorney, counsel for the defendant, and the defendant(s).
Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510(1)(a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515
• Has a notarized consent form been filed? KRS 199.500
Does the petition contain all the necessary information? KRS 199.490
If applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)
Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.
When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)
d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.
i. The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of.KRS 533.030 or any other condition the Court deems appropriate.
The Court may include the listed drug, alcohol, testing, offense, weapon, and duration terms in the diversion order.
Court's wording
The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.
The diversion order may include the listed additional conditions, including drug testing at the defendant’s expense when applicable.
Court's wording
il. The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.
Filing & Service rules
Electronic Filing Rules
A motion to submit an uncontested action need not be noticed for regular Motion Hour and may be tendered to the Judge by filing it in the Clerk’s office.
b. Proof in an uncontested action shall be taken by deposition or interrogatory pursuant to CR 43.04(1). The motion to submit need not be noticed for a regular Motion Hour, but may be tendered to the Judge by filing the motion in the Clerk's office.
Page 12 | 5.4 Uncontested Divorces
Filing Timing and Cure Windows
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
An eligible person may apply for a pre-trial diversion order after indictment and no later than 45 days before trial.
After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.
Criminal cases
Page 1 | 3. PROCEDURE
Motions must be filed with the circuit clerk by 3:30 p.m. at least five days before the Rule Day; late motions will not be heard on the requested day or docketed until a timely motion is made.
All motions shall be filed in the circuit clerk's office no later than 3:30 p.m. at least five days prior to the Rule Day for which such motion is to be heard. This would be Wednesday in Casey County and Thursday in Adair County. Motions not timely filed in the circuit clerk's office will not be heard on the day requested and will not be docketed until such time as a timely motion is made.
Page 8 | 2.3 Deadlines for Serving and Filing Motions
A response must be filed at least 24 hours before the motion hearing time stated in the notice; untimeliness may be grounds to grant the motion.
Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds to grant the motion,
Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing
For an underlying case in Adair or Casey District Court, the clerk must docket a review hearing within 90 days after the termination order and docket the matter as directed by the court at least annually until permanency is achieved.
When the underlying dependency, neglect and abuse case is in the Adair or Casey District Court, the Clerk of the Adair or Casey District Court shall docket the matter for a review hearing within 90 days from the date of the entry of the order of termination of parental rights and shall docket the matter as directed by the District Court at least annually thereafter until permanency is achieved.
Page 10 | Rule 3. Adoptions/Termination of Parental Rights
If property matters are disputed at trial, the parties must file an AOC-239 no later than 5 days before trial, or may file an affidavit stating there have been no changes since completion of the AOC-238, if filed.
Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Page 12 | 5.5 Matters Requiring a Trial
All parties must file pre-trial compliance statements thirty days before trial.
Pre-trial compliance statements shall be filed by all parties thirty (30) days before the trial date.
Page 15 | 7.2 Pre-trial Statements
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 45 days before trial.
After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.
Page 32 | Attachment "D" — CLASS D FELONY PRETRIAL DIVERSION PROTOCOL
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Agreed orders and judgments and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.
Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket.
Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing
A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion.
A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion.
Page 15 | 7.1 Pre-trial Conference
Service and Proof of Service Rules
The Court may revoke or void participation in pre-trial diversion only after a hearing and notice to the Commonwealth's Attorney and the defendant.
After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion
Criminal cases
Page 2 | 5. REVOCATION
If a motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.
If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the Clerk.
Page 7 | 1.7 Appearance and Substitutions
An attorney seeking to end representation must give adequate notice to the client and opposing counsel.
When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.
Page 7 | 1.7 Appearance and Substitutions
A party who has appeared through counsel may appear through different counsel or on their own behalf only after a substitution order following reasonable notice to the party’s attorney and opposing counsel.
Whenever parties have appeared by counsel they may not thereafter appear by different counsel or on their own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney.
Page 7 | 1.7 Appearance and Substitutions
The motion must certify service of the motion and notice on the opposing party at the party’s last known address, and address Servicemembers’ Civil Act compliance if the party is on active military duty.
c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.
Page 11 | 5.3 Default cases
Provide the opposing party a copy of the AOC-239 or the affidavit, with supporting documentation, 15 days before trial unless the court orders otherwise.
Pursuant to FCRPP 3(3)(c), a copy of AOC-239, Final Verified Disclosure Statement, or the affidavit in (b) above, together with any supporting documentation, shall be provided to the opposing party 15 days prior to trial unless otherwise ordered by the court.
Page 12 | 5.5 Matters Requiring a Trial
When the parties are ordered to divide a minor child’s medical expenses, the custodial parent must provide the other parent a copy of each medical bill within 14 days of receipt.
In the event that the parties are ordered to divide medical expenses for minor child(ren), the custodial parent shall provide a copy of the medical bills shall be provided to the other parent within 14 days of receipt of said medical bill.
Page 12 | 5.4 Uncontested Divorces
In actions involving permanent custody or time-sharing, each party must provide the other parties witness and exhibit lists at least 14 days before the hearing, unless the court orders otherwise.
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 expected to be called as a witness, as well as a list of exhibits to be entered.
Page 13 | 5.6 Witness and Exhibit List
The Commonwealth Attorney must provide discovery to the Defendant’s Attorney at least seven days before the pre-trial conference.
The Commonwealth Attorney is to provide discovery to the Defendant's Attorney at least 7 days prior to the pre-trial conference.
Page 16 | 8.1 Procedure of Cases
Jury instructions must be provided to opposing counsel at the final pretrial conference.
b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.
Page 17 | 8.3 Pretrial Conference and Plea Agreements
The adoption checklist requires confirmation that all parties have been properly served.
• Have all the parties been properly served? KRS 199.480(2)
Page 20 | Adoption Checklist
The Court may revoke or void a defendant’s pre-trial diversion participation only after a hearing and notice to the Commonwealth’s Attorney and the defendant.
After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion
Page 33 | 5. REVOCATION
Filing Fees and Waivers
Pursuant to FCRPP 3(5), a fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant files a motion to proceed in forma pauperis. a. Reopening for purposes of this rule means any motion for modification of an order filed more than 6 months after entry of the order. A case is considered reopened until all matters in the motion are resolved. b. Once a case is reopened and the fee is paid, another fee will not be required unless 6 months or more have elapsed since entry of the order on the motion that re-opened the case. c. This fee shall not be required for motions to enforce an order and which are so titled.
Pursuant to FCRPP 3(5), a fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant files a motion to proceed in forma pauperis. a. Reopening for purposes of this rule means any motion for modification of an order filed more than 6 months after entry of the order. A case is considered reopened until all matters in the motion are resolved. b. Once a case is reopened and the fee is paid, another fee will not be required unless 6 months or more have elapsed since entry of the order on the motion that re-opened the case. c. This fee shall not be required for motions to enforce an order and which are so titled.
Page 13 | 5.8 Post Decree Litigation
Courtesy Copy Requirements
A courtesy copy must be sent to the Judge’s office for motions.
All motions must be scheduled through Judge Vance's Office, via phone at 270-384-7122 or by email at kimberlykean@kycourts.net and a courtesy copy sent to the Judge's office.
Page 8 | 2.2 Regular Rule Day Schedule and Exceptions
A courtesy copy of each motion must be served on the Judge at least five days before the Rule Day.
A courtesy copy of each motion shall also be served on the Judge at least five days prior to the Rule Day by mail, fax or email.
Page 8 | 2.3 Deadlines for Serving and Filing Motions
Sealing & Redaction Procedures
When filed documents or exhibits contain personal identifiers required by statute, parties must file one redacted copy and one unredacted copy in a marked, sealed envelope.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 14 | 6.4 Protection of Personal Identifiers
Pre-Motion Conference Requirements
Before filing a discovery-compel, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.
A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing
If extrajudicial efforts do not resolve the matter, the party seeking discovery may move for relief; supporting argument and authority are optional, but the motion must include or refer to the disputed discovery request.
To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket. The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired. The motion must include either a copy of or a reference to the discovery request in dispute.
Page 16 | 7.6 Motions Relating to Discovery
A discovery motion cannot be filed or heard without counsel’s certificate confirming consultation, inability to resolve the dispute, and exhaustion of extrajudicial means.
No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.
Page 16 | 7.6 Motions Relating to Discovery
The parties and their attorneys must make a good-faith effort to resolve discovery disputes by agreement.
The parties and their attorneys have a duty to make a good faith effort to resolve, by agreement among them, any disputes that arise in the course of discovery.
Page 16 | 7.6 Motions Relating to Discovery
Adjournment & Extension Requirements
If the court closes for an unforeseen reason, the party who filed the motion must reschedule it for a regularly scheduled Motion Hour.
If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be rescheduled by the party filing the Motion to be heard on a regular scheduled Motion Hour.
Page 8 | 2.2 Regular Rule Day Schedule and Exceptions
All motions for a continuance shall state the date of the
All motions for a continuance shall state the date of the
Page 8 | 2.3 Deadlines for Serving and Filing Motions
The response deadline may be extended on oral or written motion for good cause, including the motion's length and complexity.
but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.
Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing
signed by both parties, within 15 days prior to the final hearing, may, at the sole discretion of the presiding Judge, result in a continuance of any scheduled hearing.
signed by both parties, within 15 days prior to the final hearing, may, at the sole discretion of the presiding Judge, result in a continuance of any scheduled hearing.
Page 13 | 5.5
Chambers Communication Rules
THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS.
THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS.
Page 3 | Twenty-four Hour Accessibility, D
Motions must be scheduled through Judge Vance’s Office by phone, and the instruction also requires sending a courtesy copy to the Judge’s office.
All motions must be scheduled through Judge Vance's Office, via phone at 270-384-7122 or by email at kimberlykean@kycourts.net and a courtesy copy sent to the Judge's office.
Page 8 | 2.2 Regular Rule Day Schedule and Exceptions
Notify the Circuit Clerk’s office when a case is ready for submission.
In either event, the office of the Circuit Clerk and Circuit Judge shall be notified that the case is ready for the Court to take under submission.
Page 11 | 5.2 Submission of Cases to the Court
When a case set for trial settles, the parties must immediately notify the Circuit Clerk’s office and the Court.
When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk and the Court of this fact.
Page 16 | 7.4 Settled Cases
When a case set for trial settles, the parties must immediately notify the Circuit Clerk and the Court; failure to give prompt notice may result in jury-usage costs being assessed against parties or counsel.
When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk and the Court of this fact. Failure to give prompt notice may be grounds for assessing any cost of jury usage against one or more of the parties or their counsel.
Page 17 | 8.5 Settled Cases
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS. HEARINGS SHALL BE SCHEDULED IN THE DISTRICT COURT ON THE NEXT AVAILABLE DOMESTIC VIOLENCE SESSION OF THE COURT. IF NO DISTRICT JUDGE IS AVAILABLE THE CIRCUIT JUDGE MAY ACT FOR THE DISTRICT COURT.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS. HEARINGS SHALL BE SCHEDULED IN THE DISTRICT COURT ON THE NEXT AVAILABLE DOMESTIC VIOLENCE SESSION OF THE COURT. IF NO DISTRICT JUDGE IS AVAILABLE THE CIRCUIT JUDGE MAY ACT FOR THE DISTRICT COURT.
Page 24 | Twenty-four Hour Accessibility
Petitioners seeking contempt proceedings should contact the Adair/Casey Circuit Court Clerk's Office to set a hearing on the next available Domestic Violence docket in the court that issued or modified the EPO or DVO.
Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO
Page 4 | IV. Contempt Proceedings
Attorneys must promptly inform the court of any partial or complete settlement and of any continuance of a matter set for hearing or trial.
They will promptly inform the court of any settlement, partial or entire, with any party or the continuance of any matter set for hearing or trial.
Page 7 | 1.8 Punctuality, Expedition and Settlement
Attorneys must promptly notify the court and all other counsel of circumstances requiring their absence or tardiness.
Attorneys shall give prompt notice to the court and to all other counsel in the case, of any circumstances requiring his/her absence or tardiness.
Page 7 | 1.8 Punctuality, Expedition and Settlement
Attorneys planning to use electronic media at trial must test it at the venue for compatibility, schedule the test with the Circuit Court Clerk, and have a deputy court clerk present.
Attorneys planning to use electronic media at trial shall test the equipment at the appropriate venue to ensure compatibility with the existing equipment. Counsel shall schedule an appropriate date and time to test the use of electronic media with the Circuit Court Clerk. A deputy court clerk shall be present during the test.
Page 14 | 6.2 Use of Technology at Trial
Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO
Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO
Page 25 | IV. Contempt Proceedings