Anderson County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Legal Brief, Memorandum
- 1 copy
Adjournments
- For a defendant detained at the Shelby County Detention Center who seeks a continuance of the scheduled status hearing, defense counsel must submit a completed Docket Pass Form and Order to the Clerk as an original or faxed copy by 3:00 P.M. one business day before the motion docket.
- For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk as an original or faxed copy by 3:00 P.M. three business days before the scheduled motion docket.
Communication
Phone
Chambers
Phone
Phone
Clerk
Phone
Clerk
Phone
Clerk
Fax
Page & Word Limits2 rules
For the specified motions, supporting memoranda and opposition responses are limited to 25 pages each, and reply memoranda are limited to 5 pages; the limits are subject to the stated prior-order and leave-of-court exceptions.
- Supporting memorandum
- Up to 25 pages
- Opposition
- Up to 25 pages
- Page limit
- Up to 5 pages
- Motion to dismiss
- Summary judgment motions
- Motion to strike
- Cr 12 02 motions
Exception
More pages with leave of court
Court's wording
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order. Failure to file a memorandum with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, 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 and time of service of the motion. Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.
- Notice of service
- Up to 1 page
Document Format Requirements4 rules
The prescribed heading must appear at the beginning and center of the first page, with the case number centered directly beneath it.
Court's wording
A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.
C. All pages of all legal papers shall be numbered at the bottom center of each page as follows: Page _ of . (pages)
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
- Jury instructions
Formatting
- •Submit on a CD or diskette
- •Use Microsoft Word format
Proposed findings of fact and conclusions of law must be submitted in Microsoft Word format.
- Proposed findings conclusions
Formatting
- •Microsoft Word format
Court's wording
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
Document Filing Requirements70 rules
B. All pleadings and papers requiring a certificate of service shall set forth on the last page thereof the typed name and complete address of counsel, including telephone number AND complete name, address, and telephone number of all opposing counsel.
Civil and criminal pleadings and legal papers must include the prescribed court heading and case number.
- Document
- Pleading or legal paper
Must include
- •Case number
Court's wording
A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.
D. If a page requesting the Judge's signature has no other indicator of the case name and number on said page, a notation of the court name and case number shall be included at the top of said signature page.
- Document
- Page requesting judge signature
Must include
- •Case number
The notice of a motion in a criminal case, other than a motion for shock probation or prerelease probation, shall specify the date, time and place for the hearing thereof.
Defense counsel must complete and tender a Docket Pass Form and Order to the Clerk, as an original or faxed copy, for a qualifying continuance request.
Court's wording
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: a. Notice of appeal pursuant RCr 12.04; b. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; c. Designation of record on appeal; and d. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.
The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket.
In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.
When the Commonwealth withholds material as non-discoverable, it must state that in writing when it files the prosecutor's file contents.
Court's wording
In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court.
The Commonwealth shall include in its discovery all information in its possession or control, including the information contained in RCr 7.24 and RCr 7.26.
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
Officers retaining evidence for impracticality or security reasons must list the evidence and its storage location, provide the list to the Commonwealth's Attorney, and have it included in the discovery filings.
Court's wording
viii). All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's discovery filings with the Court.
The defendant may seek additional discovery or other relief by written motion, but discovery motions must be specific and broad motions will be summarily overruled.
Court's wording
The defendant, by and through counsel, may request by written motion additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.
Each specified motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.
Court's wording
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon
The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.
The notice of the hearing shall specify the date, time and place for the hearing.
Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court.
all orders shall contain a signature line for approval of entry.
A party seeking a judgment by default under CR 55.01 shall file a written motion therefor.
and (b) by an affidavit stating whether the party in default is in the military service.
The motion shall be accompanied (a) by a certificate of the attorney that no papers have been served upon the attorney by the party in default, the date and method by which the party in default was served
If the action is ordered submitted at the hearing the party seeking the judgment shall place the entire record of the action and the proposed judgment in the Judge's orders/judgments box in the Clerk's office.
To submit an action for judgment against a party in default for failure to appear, the party seeking the judgment shall place the entire record of the action, the motion and the proposed judgment, in the Judge's orders/judgments box in the Clerk's office.
Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as being in conformity to the ruling or opinion, and shall be presented to the Court.
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry. Counsel preparing the order or judgment SHALL ALSO DELIVER TO THE CLERK A SUFFICIENT NUMBER OF PROPERLY ADDRESSED, STAMPED ENVELOPES to permit the Clerk to complete service thereof when required by CR 77.04.
the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.
An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280. The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
Judgments or orders directing a sale, disbursement, or deed must be submitted with the record to the Commissioner for certification and then delivered to the Court for approval and entry at its next motion hour.
Court's wording
In addition to other requirements of these Rules, all judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner or directing the delivery of a deed must be submitted along with the record to the Commissioner for certification that it complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry at its next motion hour.
Orders or judgments directing a property sale or deed must include the specified property, party, title, cost, lien, payoff, and—when requested—auctioneer information.
Court's wording
Every order or judgment of this Court directing the Commissioner to sell property or to execute or deliver a deed shall contain: The legal description of the property including a street address (or if it has no street address, a brief description of its location and size; b. The name of the parties or parties whose interest is being sold or conveyed; c. The source of that party (or parties') title with deed book, page number and date of deed or recording date of deed; d. A specific designation of all costs, liens, and/or encumbrances to be paid. Regarding liens to be released, the judgment and order of sale shall specify the name and address of the entity and/or person(s) holding a lien and/or encumbrance, the payoff amount as of the end of the month in which the judgment and order of sale is drafted, and a per diem amount if applicable. e. A directive, upon request of the creditor or mortgage holder, that the Master Commissioner hire a licensed auctioneer to sell real estate which he has been ordered to sell pursuant to KRS 426.522.
The sale advertisement must be published in a qualifying newspaper and include the specified sale, case, and property-identification information.
Court's wording
Before conducting a sale, the Master Commissioner shall advertise in a newspaper meeting the requirements of KRS 424.120. The advertisement shall include the time, terms and place of sale, a reference to the judgment and order of sale in case number YY-CI-#####, together with a description of the property to be sold, which shall include only the street address (or if the property has no street address a brief description of its location) and any numbers) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping (such as the parcel or property identification number).
g. A prepared by signature line of the attorney submitting order;
- Document
- Order
- Placement
- Signature block
j. Self-addressed stamped envelopes for all parties including submitting attorney.
Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.
h. A certificate of service by the Circuit Court Clerk;
Include
- •Certificate of service
f. A signature line for the master commissioner indicating certification and compliance;
- Placement
- Signature block
i. Appropriate number of copies for all parties including submitting attorney and master Commissioner; and
The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.
Reinstatement of a judicial sale following an order to withdraw or abate same shall be made by motion and Order.
Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.
and an order confirming the sale shall be submitted to the Court.
Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients) and the specific amounts due each under the judgment or order.
If disbursements are to be made to taxing authorities, a copy of the pertinent tax bills) must be furnished the Commissioner, giving the commissioner's office sufficient time to pay the bills) with the amounts) listed in the order.
Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.
An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner's office.
iii). If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
G. All agreed orders deciding or affecting the issues on appeal must clearly state either (a) that the appeal is dismissed and the case remanded to the District Court for specific action or judgment or (b) that certain specified issues remain to be decided.
An order making final disposition of an appeal must provide for payment of costs and remand the case to the District Court.
Court's wording
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76.20 within 30 days thereafter the record will be returned to District Court.
3. When diversion is recommended, the Commonwealth must make written recommendations 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).
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, 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).
The diversion order must include the listed restitution, supervision, duration, compliance, testing, offense, weapon, and other appropriate conditions.
Court's wording
b.) The Order of Diversion shall include: i.) Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage]. ii.) Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). ili.) Duration of the diversion. iv.) Require defendant to obey all rules and regulations imposed by Probation & Parole. v.) 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. vi.) That the petitioner remain drug and alcohol free and be subject to random testing . vii.) That the petitioner have no violation of the Penal Code or the Controlled Substances Act. viii.) That the petitioner possess no firearm or any other deadly weapon. ıx.) Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility.
C.) Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner.
Duration of the diversion agreement shall not be less than the time required to make restitution in full.
Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.
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 shail 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.
If a case is reassigned or transferred, the issuing judge shall re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned or transferred between courts if it is dete mined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge s all re-issue a summons until the matter may be heard by the receiving judge.
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 456.
Upon written motion by the defense, the Court will consider whether the prosecutor shall release the requested information.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.
The required endorsement is excused if opposing counsel refuses to attest, fails to return the order within three business days of receipt, the opposing party is unrepresented, or the motion was unopposed at Motion Hour; preparing counsel must attest that an exception applies.
Court's wording
The endorsement required by paragraph A above shall not be required where: i). Counsel for the party(s) against whom the order is to be entered refuses to attest the order; il). Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order; ili). The party against whom the order is to be entered is not represented by counsel; or iv). There was no opposition to the motion at Motion Hour. Where any of the above apply, preparing counsel shall so attest.
Filing & Service rules
Electronic Filing Rules
Interrogatories and their answers, requests for production or inspection and their answers, and requests for admission and their answers must not be filed with the Court.
Interrogatories propounded under CR 33 and answers thereto, requests for production or inspection under CR 34 and answers thereto, and requests for admission under CR 36 and answers thereto shall not be filed with the Court.
Page 15 | RULE 9 — ANSWERING AND FILING INTERROGATORIES OR REQUESTS FOR PRODUCTION OR INSPECTION
Original depositions must not be filed in the Court record.
Originals of depositions shall not be filed in the Court record.
Page 16 | RULE 10 — FILING OF DEPOSITIONS
Filing Timing and Cure Windows
Shelby Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Wednesday before the noticed motion day.
Shelby Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Wednesday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
Spencer Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Friday before the noticed motion day.
Spencer Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Friday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
Anderson Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Thursday before the noticed motion day.
Anderson Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Thursday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
The guilty-plea documents must be attached to the record by 3:00 P.M. one business day before the scheduled motion docket.
In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The Form and Order for a pass sought for a defendant in another institution or detention facility must be filed with the Clerk by 3:00 P.M. three business days before the scheduled motion docket.
In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
If no disposition agreement is reached before the defendant's next appearance, defense counsel must submit expected motions for the next motion hour; later motions require leave or a stated exception.
If an agreement to dispose of the case cannot be reached with the Commonwealth prior to the defendant's next court appearance, defense counsel shall submit such written motions as the attorney shall expect to offer in the case at the next motion hour. No additional motions may be offered after that motion hour except by leave of the court upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the plea negotiation conference or in the interest of justice.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
The Commonwealth must file the discoverable portion of the prosecutor's file for the defendant to inspect at arraignment.
The Commonwealth shall file with the Court a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the defendant at arraignment.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
The Commonwealth must file supplemental material by the final pretrial conference; material that reasonably could have been found earlier and is filed afterward is excluded absent leave for good cause.
The Commonwealth remains under a continual order to file any supplemental material. All supplemental material must be filed by the final pretrial conference. All supplemental material and information that could have reasonably been ascertained prior to the final pretrial conference that is filed after the final pretrial conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
Officers must immediately provide later-received evidence to the Commonwealth's Attorney and record the delivery; the Commonwealth's Attorney must immediately file the evidence with the Court.
All law enforcement officers that receive additional or supplemental evidence after presentation to the Grand Jury shall immediately provide same to the Commonwealth's Attorney and shall so note the delivery thereof in their files and the Commonwealth's Attorney shall immediately file same with the Court.
Page 10 | Duty of Law Enforcement Officers
Proposed jury instructions must be tendered three business days before trial.
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
Page 10 | O. Jury Instructions
A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.
Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
New counsel must file an entry of appearance in the record immediately upon being retained.
"New" counsel shall file an entry of appearance in the record immediately upon being retained.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Responses to motions covered by this subsection must be filed within 24 hours of the noticed Motion Hour.
Responses shall be filed within 24 hours of the noticed motion hour.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Motions to dismiss, summary judgment motions, motions to strike, and motions under CR 12.02 must be filed and served at least 24 days before Motion Hour.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
The opposition response must be filed at least 72 hours before the hearing time specified in the notice.
Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
A motion generally must be filed with the appropriate Clerk before 4:00 P.M. on the county-specific preceding Monday, Thursday, or Friday to be heard on Motion Day, unless the Court grants leave.
However, no motion or action shall be heard on Motion Day unless the motion is filed with the appropriate Court Clerk before 4:00 P.M. on the Monday preceding the Motion Day designated on the notice in Shelby County, the Thursday preceding the Motion Day designated on the notice in Anderson County, and the Friday preceding the Motion Day designated on the notice in Spencer County, except by leave of Court.
Page 14 | G. Docketing and Appearances
The Court must file an opinion or ruling within ninety days after entry of the order of submission and filing of AOC Form-280.
In accordance with KRS 454.350, the Court shall file an opinion or ruling within ninety (90) days of the entry of the order of submission and filing of the AOC Form-280.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
After the notice of submission is filed, no further pleadings, proof, or briefs may be filed unless the Court orders or allows them for good cause shown.
No further pleadings, proof or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the filing of the notice of submission.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
Counsel must submit the proposed findings and conclusions within ten days after the trial concludes.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
The Master Commissioner must execute and deliver the deed no later than five business days after sale confirmation and deed approval, once the required amounts are paid or the third-party purchaser has paid the purchase price in full.
The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five (5) business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.
Page 21 | 9. Execution and Delivery of Deed
If no objections are filed and no motion is made, the sale is deemed confirmed ten days after the report of sale is filed.
Ten (10) days after the filing of the report of sale, if no objections have been filed thereto and without motion, the sale shall be deemed confirmed
Page 21 | 6. Confirmation of Report of Sale
The Master Commissioner must file the report of sale no later than three business days after the sale.
The report of sale shall be filed by the Master Commissioner no later than three (3) business days after the date of sale.
Page 21 | 5. Report of Sale
A motion for discretionary review under CR 76.20 must be filed within 30 days after the Clerk complies with CR 77.04(2) to avoid return of the record to the District Court.
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76.20 within 30 days thereafter the record will be returned to District Court.
Page 26 | RULE 16 — APPEALS FROM DISTRICT COURT, F
A counter-statement under CR 72.12 must be filed within 30 days after the statement of appeal is timely filed.
D. If the statement of appeal is timely filed and no counter- statement is filed pursuant to CR 72.12 within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.
Page 26 | RULE 16 — APPEALS FROM DISTRICT COURT, D
The statement of appeal must be filed within 30 days after the first notice of appeal is filed.
C. If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06 within 30 days from the date of filing the first notice of appeal as provided by CR 72.08, and no motion for extension of time is filed within 10 days after that, and no notice of cross-appeal has been filed as provided by CR 74, the Clerk will prepare an order of dismissal and remand, attach same to the record and place the record and order in the box of the Judge.
Page 26 | RULE 16 — APPEALS FROM DISTRICT COURT, C
An eligible person may apply for pretrial diversion after indictment, but no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (30) 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.
Page 31 | III. Procedure
The court must review a protective-order petition immediately upon filing, and petitioners must not be sent away or left waiting for extended periods.
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.
Page 2 | Uniform Protocol for Handling Cases
If the Commonwealth does not respond within two weeks to the request for a duplicate recording, defense counsel may move the Court for one.
If the Commonwealth has not responded within two (2) weeks, defense counsel may move the Court for same.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order;
Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order;
Page 14 | RULE 6 — ENTRY OF ORDERS AND JUDGMENTS
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
If the trial proof warrants different or additional instructions, the parties may tender them at the close of the case before submission to the jury.
If the proof at trial would warrant the giving of any different or additional instructions, the parties will be given the opportunity to tender additional or different instruction(s) at the close of the case and before submission to the jury.
Page 10 | O. Jury Instructions
Service and Proof of Service Rules
An arraignment will not be scheduled unless a summons or warrant has been properly served before the arraignment.
E. There will be no arraignment scheduled on the Court's calendar without proper service of a summons or warrant prior to the arraignment.
Page 6 | RULE 4 — PROCEDURES IN CRIMINAL CASES
Covered motions must be served on opposing parties by hand delivery or facsimile and received by opposing counsel at least 72 hours before Motion Hour; the rule excludes the motions listed in (ii) and (iii) and motions that may be heard ex parte.
All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (ii) and (ili) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery or facsimile on opposing parties. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour.
Page 11 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
The specified motions must be served on the opposing party and/or attorney at least 24 days before Motion Hour.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
If counsel seeks leave of Court to substitute or withdraw, the proper motion must be noticed to all parties.
Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Where applicable, motions must be served on the Master Commissioner.
Motions shall be served on the Master Commissioner where applicable
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
If the defaulting party has appeared, the motion must be on the motion docket and written notice must be served on the party or its representative at least three days before the hearing.
If the party in default has appeared in the action, the motion shall appear on the motion docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least three (3) days prior to the hearing thereon.
Page 13 | E. Default Judgments
A copy of the confirmation order must be served on the purchaser.
A copy of the order of confirmation shall be served upon the purchaser.
Page 21 | 6. Confirmation of Report of Sale
Orders of dismissal or submission and opinions and orders affirming or reversing the District Court must be served on all parties or their attorneys and the trial Court Judge.
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge.
Page 26 | RULE 16 — APPEALS FROM DISTRICT COURT, F
The Commonwealth must make a good-faith effort to interview the victim or the victim’s family, seek their input, and advise them of the motion hearing’s time, date, and place.
2. Make a good faith effort to interview and seek input from the victim and/or victim's family and advise them of the time, date and place the motion will be heard by the Court;
Page 31 | III. Procedure
The Court may void participation in diversion after a hearing, with notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.
A.) After a hearing, with notice to the Commonwealth and the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.
Page 32 | V. Voiding a Diversion Order
If the defaulting party has not appeared, the motion need not be placed on the motion docket and notice of it need not be given to that party.
If the party in default has failed to appear in the action, the motion need not appear on the motion docket and no notice thereof need be given the party against whom judgment by default is sought.
Page 13 | E. Default Judgments
Counsel may waive service of an order or judgment and notice of entry.
Counsel may waive service of any order or judgment and notice of entry.
Page 14 | RULE 6 — ENTRY OF ORDERS AND JUDGMENTS
Filing Fees and Waivers
An order requiring advertisement or appraisal must be accompanied by a deposit sufficient to cover estimated costs and of at least $2,500; the Commissioner will not submit the order or proceed until the deposit is made.
When any order is submitted to the Commissioner requiring advertisement or appraisal, the party submitting the order shall deposit with the Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal, but not less than two thousand five hundred dollars ($2,500.00). The Commissioner shall not submit the order to the Court nor cause an advertisement or appraisal to be made until such deposit is made.
Page 18 | A. JUDICIAL SALES — 2. Deposit for Advertisement and Appraisal
When filing a proper notice of appeal, pay any costs required by the Civil Rules.
A. Upon the filing of a proper notice of appeal in the District Court and the payment of costs as may be required by the Civil Rules, the Clerk shall forward the entire original record as described in CR 72.04 to the Clerk of the Circuit Court.
Page 25 | RULE 16 — APPEALS FROM DISTRICT COURT
The Commissioner is entitled to the fees specified in AP Part IV, Section 8.
The Commissioner shall be entitled to those fees set forth in AP Part IV, Sec. 8.
Page 21 | 7. Fees of the Commissioner
For residential sales requiring an appraisal, each appraiser’s fee is $200 unless the Court orders otherwise.
In all residential sales where an appraisal is required, the fee of each appraiser shall be $200.00, unless otherwise ordered by the Court.
Page 21 | 10. Appraiser's Fees
The Court sets appraisal fees for commercial, farm, and other sales.
Appraisal fees for commercial, farm and other sales shall be set by the court.
Page 21 | 10. Appraiser's Fees
The appraisal fee must be paid from the proceeds of sale.
The fee shall be paid from the proceeds of sale.
Page 21 | 10. Appraiser's Fees
The Commissioner may charge and collect a fee under AP Part IV, Section 4-18.
The Commissioner may charge and collect a fee in accordance with AP Part IV, section 4-18.
Page 22 | B. Hearings
Courtesy Copy Requirements
Legal briefs and memoranda must be filed of record; copies of cited cases and a copy of the brief or memorandum must be placed in the Judge’s box rather than filed.
Legal briefs or memoranda shall be filed of record in the Clerk's office. Copies of cases cited therein shall not be filed but shall be placed in the Judge's box along with a copy of the legal brief or memorandum.
Page 15 | RULE 8 — LEGAL BRIEFS AND MEMORANDA
Sealing & Redaction Procedures
Mediation proceedings are not public records unless the Court enters them into the record.
No part of the mediation proceedings shall be considered a public record, unless entered into the record by the Court.
Page 24 | RULE 15 — MEDIATION, D. Confidentiality
Mediation documents and communications, other than signed agreements, are confidential, generally undiscoverable, and inadmissible, subject to exceptions in the rule or a court order for good cause.
Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications except signed agreements are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding.
Page 24 | RULE 15 — MEDIATION, D. Confidentiality
Written consent by all parties permits disclosure under the rule; the text also begins another exception but does not provide its complete terms.
There is no confidentiality and no restriction on disclosure under this rule to the extent that: a. All parties consent in writing to disclosure; or b. The mediation communication or mediation document gives the
Page 24 | RULE 15 — MEDIATION, D. Confidentiality
Pre-Motion Conference Requirements
Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel, for a protective order, or for sanctions; such a motion may be filed only if counsel cannot resolve the dispute.
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 shall have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Adjournment & Extension Requirements
For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk as an original or faxed copy by 3:00 P.M. three business days before the scheduled motion docket.
In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
For a defendant detained at the Shelby County Detention Center who seeks a continuance of the scheduled status hearing, defense counsel must submit a completed Docket Pass Form and Order to the Clerk as an original or faxed copy by 3:00 P.M. one business day before the motion docket.
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The response-filing time may be extended on oral or written motion for good cause, considering factors such as the motion’s length and complexity and when it was served.
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 and time of service of the motion.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Chambers Communication Rules
Counsel must email the proposed findings and conclusions to the Judge’s staff attorney.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
Before recommending to the Court, the Commonwealth must obtain a criminal-record check by calling or faxing AOC Pretrial Services and must not send the request to the local Pretrial Services Officer.
Before making a recommendation to the Court, the Commonwealth shall : 1. Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-2350, or faxing the request to (502) 573-1669. [DO NOT send requests to the local Pretrial Services Officer.
Page 31 | III. Procedure
After regular business hours, the authorized agency or officer shall present the petition to Judge Hellard, or follow the stated sequence of alternate judges if she or they are unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Judge S. Marie Hellard, Family Court Judge, or if unavailable, then to either of the District Court's Judges, Judge Donna Dutton, or Judge J.R. Robards. If neither of the District Court's Judges are available, then same shall be presented to Judge Charles Hickman, ludge of the Circuit Court.
Page 3 | II. Twenty-four Hour Accessibility
During regular business hours, the authorized agency or officer shall present the petition to Judge Hellard, or follow the stated sequence of alternate judges if she or they are unavailable.
C. Upon receipt of a petition during regular business hours, the authc rized agency/officer shall present the petition to the following: Judge S. Marie Hellard, Family Court Judge, or if unavailable, then to either of the District Court's Judges, Judge Donna Dutton, or Judge J.R. Robards. If neither of the District Court's Judges are available, then same shall be presented to Judge Charles Hickman, Judge of the Circuit Court.
Page 3 | II. Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact Spencer Circuit Court Clerk Becky Robinson in Spencer County by phone at 502-477-3220.
Petitioners seeking to initiate contempt proceedings should contact: In Spencer County, contact Becky Robinson, Spencer Circuit Court Clerk, 502-477-3220
Page 4 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact Anderson Circuit Court Clerk Pam Robinson in Anderson County by phone at 502-839-3508.
Petitioners seeking to initiate contempt proceedings should contact: In Anderson County, contact Pam Robinson, Anderson Circuit Cour: Clerk, 502-839-3508
Page 4 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact Shelby Circuit Court Clerk Lowry Miller in Shelby County by phone at 502-633-1287.
Petitioners seeking to initiate contempt proceedings should contact: In Shelby County, contact Lowry Miller, Shelby Circuit Court Clerk, 502-633-1287
Page 4 | IV. Contempt Proceedings
Restraining-order and injunction motions may be heard only by the Court and must be scheduled through the Circuit Court Judge’s Office.
Motions for Restraining Orders and Injunctions shall only be heard by the Court. Those motions shall be scheduled through the Circuit Court Judge's Office (502-647-5234).
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion