Allen Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements1 rule
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
- Protective order petition
Formatting
- •Petitions must be made on 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.
Document Filing Requirements27 rules
Any such person administering the oath shall affix his/her signature and office in the space provided on the form.
When diversion is recommended, the Commonwealth must make written recommendation to the Court of conditions for the . pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2)
A diversion order must address applicable restitution, supervision status and fees, sufficient duration for restitution, compliance with Probation and Parole rules, and the specified offense and other conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable. See KRS 533 .254. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). Supervision fees shall be not more than $25 .00 and not less than $10 .00 per month. 3. Duration of the diversion, which shall be sufficient to insure payment of restitution where applicable. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate.
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
shall be accepted and filed with the court.
Any such person administering the oath shall fix his/her signature and office in the space provided on the form.
The petition’s Court Action section must identify whether the resulting action is a domestic violence action or an interpersonal protective order action.
Court's wording
The judge reviewing a petition for an order of protection shall indicate in the 'Court Actioni 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.
All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion noticed which fails to include the date of the hearing shall be treated as if no motion has been filed.
703 All motions to compel discovery shall contain a certificate, by counsel, that she or he has their differences without a hearing. conferred or corresponded with opposing counsel and that they are unable to reconcile
Motions relating to child custody shall be accompanied by an affidavit(s) that contains a statement of the extent to which the child/children have been in the physical possession of each parent within the Commonwealth of Kentucky for the past six (6) months.
Motions relating to child visitation shall contain a statement setting forth specific reasons why the time-sharing/visitation guidelines incorporated in these rules should not be followed.
In requesting one of the alternatives presented above, counsel for a party shall provide in detail the reasons supporting the request.
When the Court requests them, the parties must file trial memoranda addressing the listed facts, issues, arguments, relief, updated trial materials, and mediation status if applicable.
- Document
- Trial memorandum
Must include
- •Statement of facts
Court's wording
When requested by the Court, Petitioner and Respondent shall file trial memoranda which address the following: 1. A summary of the general facts; 2. A statement of any stipulated facts; 3. A listing of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute; 5. Argument with ample supportive citations of authority pertinent to each issue of fact and law; 6. Conclusion setting forth the specific relief sought from the Court; 8. A statement of the status of mediation (if applicable). 7. Any updated witness lists, trial exhibits; etc., and
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.
becomes involved in the case. If an attorney is being substituted as counsel of record for An attorney shall forthwith file an entry of appearance in a case as soon as he or she another attorney, a motion shall either be filed or an agreed order submitted.
Any such person administering the oath shall fix his/her signature and office in the space provided on the form.
B. 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
Forthwith upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed .
Counsel remain of record through the time to appeal unless the Court relieves them upon written motion and notice.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order
On pleadings and in their entry of appearance, counsel shall set forth their office address, mailing address, and telephone number
an entry of appearance for a limited purpose shall specify the limited nature _` counsel's representation of the client
Jury trials and bench trials will be scheduled by the Court upon motion and notice
Counsel must file a pre-trial compliance document containing the required witness, jury-instruction, and exhibit information, and may include other appropriate matters.
Court's wording
Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance", which must contain the following (a) The names and addresses of all proposed trial witnesses ; (b) Proposed jury instructions (with citation of supporting authorities) ; and (c) A list and description of proposed trial exhibits The pre-trial compliance may also include such other matters as counsel may deem appropriate and beneficial to the Court
At the pre-trial conference, counsel shall produce the original of all proposed trial exhibits and make same available for identification and for examination by the Court and by opposing counsel
A diversion order may include drug- and alcohol-free requirements with random testing, no-violation conditions, and a prohibition on possessing firearms or other deadly weapons.
Court's wording
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act, or any other offense . 3. That the petitioner possess no firearm or any other deadly weapon
Motions for Default Judgment must be accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.
Filing & Service rules
Filing Timing and Cure Windows
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.
Page 2 | Uniform Protocol for Handling Cases
Motions must be filed at least seven days before the hearing, subject to waiver by the court for good cause or in the interest of justice.
least seven (7) days prior to the scheduled hearing date. Responses, if any, shall be Motion hour shall be as set forth in Family Court Rule 201. Motions shall be filed at filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least five (5) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. 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
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. 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
Page 9 | Uniform Protocol for Handling Cases
Responses and replies must be filed at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the, date of the hearing
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
Counsel must file the pre-trial compliance document at least ten days before the pre-trial conference.
Not less than ten days before the pre-trial conference, counsel shall file with the clerk
Page 5 | 8.4
Motions may be noticed for the pre-trial conference, but must be filed at least five days before it.
Motions may be noticed for hearing at the pre-trial conference, provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
Page 5 | 8.5
Petitions must be reviewed within an hour of presentation unless a judge or trial commissioner is unavailable.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 1 | Twenty-Four Hour Accessibility
An eligible person may apply for a pretrial diversion order after indictment or the filing of an information, but must apply no later than seven days before trial.
After indictment or the filing of an information, and no later than seven (7) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order
Criminal cases
Page 2 | III. PROCEDURE
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
Service and Proof of Service Rules
A motion must be served at least five business days before the hearing, subject to waiver by the court for good cause or in the interest of justice.
Service of the motion shall occur at least five (5) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
least seven (7) days prior to the scheduled hearing date. Responses, if any, shall be Motion hour shall be as set forth in Family Court Rule 201. Motions shall be filed at filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least five (5) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
least seven (7) days prior to the scheduled hearing date. Responses, if any, shall be Motion hour shall be as set forth in Family Court Rule 201. Motions shall be filed at filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least five (5) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
Responses and replies must be served on opposing counsel at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the, date of the hearing
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
Pleadings and hearing notices must be served on opposing counsel at least five days before the hearing.
All pleadings and notices of hearing are to be served on opposing counsel not less than five days before the hearing
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
A copy of the motion seeking relief from counsel’s responsibilities must be served on the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order
Page 3 | RULE 3 - APPEARANCES BY COUNSEL
A motion noticed for the pre-trial conference must be served upon opposing counsel at least five days before the conference.
Motions may be noticed for hearing at the pre-trial conference, provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
Page 5 | 8.5
Counsel must serve opposing counsel with the pre-trial compliance document at least ten days before the pre-trial conference.
Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel
Page 5 | 8.4
The Court may grant relief from the service and filing notice requirements for good cause shown.
For good cause shown, the Court may grant relief from these notice requirements
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
Sealing & Redaction Procedures
When filed materials contain statutorily required or other personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited to the specified authorized persons.
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. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court for Health and Family Services involved in child support matters attendant to the case, or or other authorized court personnel, a duly authorized employee or agent of the Cabinet a person authorized to view the copy by specific orders of the court.
Page 6 | RULE 9. MISCELLANEOUS
Pre-Motion Conference Requirements
In criminal cases, pre-trial motions must be filed before the pre-trial conference and noticed for hearing no later than that conference.
All pre-trial motions must be filed before the pre conference, and noticed for hearing at or before the pre conference .
Page 7 | RULE 9 - PRE-TRIAL CONFERENCES (CRIMINAL CASES)
Chambers Communication Rules
After-hours petitions must be presented to the designated Division II judge, or to the specified alternative judicial officers if that judge is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Division II Circuit (Family) Court Judge. In the event the Division II Circuit (Family) Court Judge is unavailable, then the petition shall be presented as follows: Allen County First, the District Court Judge. If said Judge cannot be located, then; Second, the Trial Commissioner of Simpson County. If the Trial Commissioner cannot be located, then; Third, the Division I Circuit Court Judge. Simpson County First, the Trial Commissioner of Simpson County. If the Trial Commissioner cannot be located, then; Second, the District Court Judge. If said Judge cannot be located, then; Third, the Division I Circuit Court Judge.
Page 1 | Twenty-Four Hour Accessibility
Before recommending on an application, the Commonwealth must request a criminal record check from AOC Pretrial Services by phone or fax and must not send the request to the local Pretrial Services Officer.
Before making a recommendation to the Court, the Commonwealth shall : Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer
Criminal cases
Page 3 | III. PROCEDURE
Any party filing a motion must contact the Judicial Secretary to obtain a hearing date and time.
*** Note: Any party filing a motion shall contact the Judicial Secretary for the assignment of a date and time.
Page 3 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Motion hearings must be scheduled through the clerk, and the requester must be able to provide the probable hearing length.
Hearings on motions are to be scheduled through the office of the clerk . The person requesting the hearing must be able to tell the clerk the probable amount of time which the hearing will require
Page 3 | RULE 5 - SCHEDULING OF HEARINGS AND TRIAL
Counsel must contact the clerk and keep informed about Rule Day schedules.
It is the responsibility of counsel to contact the clerk and keep informed as to the rule day schedules from time to time
Page 4 | RULE 7 - RULE DAYS
Petitioners seeking to initiate contempt proceedings should contact the Clerk of the Court.
B. Petitioners seeking to initiate contempt proceedings should contact: The Clerk of the Court.
Page 12 | IV. Contempt Proceedings
The clerk schedules hearings for the next available Rule Day, but directs counsel to contact the Judge if the hearing is expected to take more than thirty minutes.
The clerk will schedule the hearing for the next available Rule Day, unless the clerk believes the hearing will take more than thirty minutes, in which event the clerk will direct counsel to contact the Judge to schedule the hearing.
Page 3 | RULE 5 - SCHEDULING OF HEARINGS AND TRIAL
Petitioners seeking to initiate contempt proceedings should contact the court clerk.
B. Petitioners seeking to initiate contempt proceedings should contact the clerk of the Court.
Page 1 | Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Clerk of the Court.
Petitioners seeking to initiate contempt proceedings should contact: The Clerk of the Court.
Page 5 | IV. Contempt Proceedings
Mediation may be scheduled by motion or by contacting the Family Court Judge's office for a referral and order.
Mediation may be scheduled by motion or by contacting the office of the Family Court Judge for referral and order.
Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE
The clerk may, in their discretion, schedule a hearing longer than thirty minutes on a Rule Day if adequate time is available.
if there is adequate time available on the Rule Day, the clerk may schedule a hearing which will exceed thirty minutes in the discretion of the clerk
Page 4 | RULE 5 - SCHEDULING OF HEARINGS AND TRIAL