Ballard Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- An attorney unable to attend must immediately try to agree on a new hearing time with the moving attorney; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge and Clerk, and the motion is automatically continued to the agreed date or next motion hour, whichever comes first, if no earlier hearing can be scheduled.
- The response-filing time may be extended for good cause shown.
Request must include
Document Filing Requirements27 rules
In 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 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) .
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
A diversion order must include applicable restitution, supervision terms and fees, duration, specified conduct conditions, and other provisions normally used in the Court's probation orders.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.
Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree
Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.
The motion to set a trial date must include a Report of Settlement Conference identifying all contested and settled issues.
Court's wording
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.
Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406, and 407 by providing the personal identifying information required in those chapters.
No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.
- Document
- Motion
Must include
- •Proposed order
B. Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.
Non-ex-parte motions must appear on the motion docket unless accompanied by an agreed order signed by counsel for all affected parties.
Court's wording
Every motion, other than the ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket.
Merits motions must include a brief statement of grounds and supporting authorities; failure to do so may be grounds for overruling the motion.
Court's wording
All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be grounds for overruling the motion.
A party properly served with a motion and supporting grounds must respond with opposing grounds and supporting authorities; failure to respond may be grounds for sustaining the motion.
Court's wording
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto 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.
All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.
The order or judgment must state if the affected party is unrepresented or that party's counsel declines to attest it.
Court's wording
If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.
An answer to interrogatories or requests for admission must set out each question or request immediately before its answer.
Court's wording
B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.
A civil complaint filing must include sufficient copies, with the attorneys' names and true copies of all affidavits, jurats, and exhibits.
Court's wording
Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure
In 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) .
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) .
The diversion order must include applicable restitution, supervision terms and fees, duration, specified defendant conditions, and other provisions normally used in the Court’s probation orders.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.
Filing & Service rules
Electronic Filing Rules
During regular business hours, petitions must be presented through Kentucky eWarrants unless it is inoperable, in which case they must be delivered personally.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to:
Page 19 | II. Twenty-four Hour Accessibility
During regular business hours, petitions must be presented through the Kentucky eWarrants System; if it is not operable, the petition must be presented personally with notice by text message or telephone call.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to:
Page 2 | Twenty-four Hour Accessibility
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment and no later than 15 days before trial, with the Commonwealth's agreement.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
Domestic motions for a particular Motion Hour must be filed with the Clerk before close of business on the preceding Monday.
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour
Page 5 | 203. Deadlines for Serving and Filing Motions
The petitioner's attorney or pro se petitioner is responsible for placing adoption or termination matters on the docket in time to comply with applicable statutory or rule deadlines.
Petitioner's attorney, or Petitioner, if pro se, shall be responsible for placing adoption/termination matters on the Court's docket so that the time limits set out in KRS 625.042 or FCRPP 36 shall, if applicable, be complied with.
Page 6 | 302. Adoptions/Termination of Parental Rights
Responses and counter-motions must be filed at least one day before the noticed motion date.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to the day that the motion is noticed for.
Page 6 | 203. Deadlines for Serving and Filing Motions
The party intending to use a non-party witness’s deposition must ensure it is taken, transcribed, and filed at least 48 hours before trial.
it is the responsibility of the attorney or party desiring to use the deposition of such non-party witness to see that the deposition is taken, transcribed, and filed at least 48 hours in advance of the trial.
Page 7
The separate notice to the Court must be filed when the marriage dissolution action is filed.
upon filing a marriage dissolution action to file a separate notice to the Court
Page 8 | 503. Families in Transition
The petitioner must file the attendance certificate before or at the same time as filing documents for a final hearing.
The Petitioner must file his or her certificate of attendance prior to, or at the time of, filing documents for a final hearing.
Page 10 | Rule 5. Domestic Relations Practice
The subject children's attendance certificate must be filed before the hearing.
The certificate of attendance of the subject children shall be filed prior to the hearing.
Page 10 | Rule 5. Domestic Relations Practice
The respondent must file the attendance certificate before the final hearing.
The Respondent shall file his or her certificate of attendance prior to the final hearing.
Page 10 | Rule 5. Domestic Relations Practice
Responses and counter-motions must be filed at least one day before rule day.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to rule day.
Page 12 | Rule 7, 701(D)
Unless a statute, rule, or order provides otherwise, motions must be filed with the Clerk before close of business on the Monday before the scheduled motion hour.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour
Page 12 | Rule 7, 701(D)
The response must be filed by the time specified in the motion hearing notice.
Such response shall be filed at or prior to the time specified in the notice of hearing of the motion.
Page 13 | D
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available, in which case the system alerts all District and Circuit Judges by text message and/or email.
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, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 20 | II. Twenty-four Hour Accessibility
An eligible person may apply for a pretrial diversion order after indictment and no later than 15 days before trial, if the Commonwealth agrees.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order
Criminal cases
Page 2 | III. Procedure
Service and Proof of Service Rules
The motion must be served on the opposing party or counsel that same day by fax or actual service.
and served that same day by fax or actual service on the opposing party or counsel.
Page 5 | 203. Deadlines for Serving and Filing Motions
Each side must provide the opposing party with its intended trial witnesses’ names and addresses and a brief testimony summary at least 20 days before trial.
Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than twenty (20) days prior to the scheduled trial date.
Page 7
Motions must be served on the opposing party or counsel on the same day they are filed, by fax or actual service.
motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 12 | Rule 7, 701(D)
After entry, the Clerk must mail attested copies of the order or judgment to all parties or their attorneys as required by the Rules of Civil Procedure.
After entry, the Clerk shall mail attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure.
Page 14 | 704. Entry of Orders and Judgments
Sufficient copies of a civil complaint must be left with the Clerk for service on each defendant.
Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure
Page 15 | 707. Copy of Complaint to be Filed.
Upon receiving a summons return, the Clerk must immediately mail a photocopy to the plaintiff's attorney.
A. The Clerks of the Court shall immediately, upon receipt, mail a photocopy of the return to the service of summons in any case to the Plaintiffs attorney.
Page 16 | 709. Return of Summons
When a domestic or interpersonal violence case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue the summons if service has not been made by transfer, for up to fourteen days or as the court determines necessary to protect the petitioner.
Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner.
Page 18 | Twenty-Four Hour Accessibility to Emergency Protective Orders and Joint Local Jurisdiction Domestic/Interpersonal Violence Protocol
The movant must serve and notify the non-moving party under CR 5 and follow local practice for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
Page 21 | Rule 4. Domestic Violence Protocol and 24 Hour Access Policy
The movant must serve and notify the non-moving party as required by CR 5 and follow local practice rules for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
Page 4 | Contempt Proceedings
Service by mail requires three additional days' notice.
Service, if made by mail, shall require three (3) additional days notice.
Page 6 | 203. Deadlines for Serving and Filing Motions
Filing Fees and Waivers
The clerk must pay the warning order attorney upon filing of the attorney’s report, without requiring another motion or order.
IT IS FURTHER THE ORDER OF THIS COURT that the Warning Order Attorney fee shall be paid to the Warning Order Attorney by the Clerk upon the Warning Order Attorney filing his/her report and without necessity of further motion or order.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
The movant must pay a $150 warning order attorney fee when requesting a warning order attorney.
IT IS THE ORDER OF THIS COURT that Warning Order Attorney fees in each of the counties of the 1t Circuit shall be set effective on the 15th day of August, 2023 in the amount of $150.00. IT IS FURTHER THE ORDER OF THIS COURT that the fee of $150.00 shall be paid by the movant at the time of the request for Warning Order Attorney.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
A warning order attorney may request an additional fee if warranted and reasonable for the services provided in the case.
IT IS FURTHER THE ORDER OF THIS COURT that any Warning Order Attorney may move the Court for an additional fee if the same is warranted by, and reasonable for, the services of the Warning Order Attorney in a particular case.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
Courtesy Copy Requirements
with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
Page 13
Sealing & Redaction Procedures
Except as provided in paragraph B, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope when covered filings contain personal identifiers.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above- stated chapters, 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 10 | 601. Redaction of Personal Identifiers (CR 7.03)
Access to the unredacted sealed copy is restricted to the listed authorized persons; the final listed category is cut off in the source.
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 or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific
Page 10 | 601. Redaction of Personal Identifiers (CR 7.03)
Pleadings, documents, and exhibits in actions made confidential by statute need not be redacted, and access to those files is governed by the cited statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340. KRS 625.045 and KRS 625.108.
Page 11 | B
Pre-Motion Conference Requirements
Before moving to set a trial date in a contested domestic action, the parties must attend a settlement conference, identify all contested issues, and file a report identifying contested and settled issues with the motion.
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
Page 6 | 501. Contested Actions
Adjournment & Extension Requirements
An attorney unable to attend must immediately try to agree on a new hearing time with the moving attorney; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge and Clerk, and the motion is automatically continued to the agreed date or next motion hour, whichever comes first, if no earlier hearing can be scheduled.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, a party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the Judge, as well as filing it with the Clerk. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
Page 12 | Rule 7, 702
The response-filing time may be extended for good cause shown.
the time for filing a response may be extended for good cause shown.
Page 13 | D
Chambers Communication Rules
Notice must be sent to the District Judge by text message or, if unavailable, to the Circuit Judge by telephone call to his office.
First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 19 | II. Twenty-four Hour Accessibility
Notice must be sent by text message to First Judicial District Judge Mark S. Medlin.
First Judicial District Judge Mark S. Medlin (notice via text message);
Page 2 | Twenty-four Hour Accessibility
If the District Judge is unavailable, notice must be given to First Judicial Circuit Judge Timothy A. Langford by telephone call to his office.
Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 2 | Twenty-four Hour Accessibility
Warrant petitions on the Kentucky eWarrants System that the District Court does not promptly open and address will be sent to all District and Circuit Judges for prompt review and consideration.
All petitions filed for warrant on the Kentucky eWarrants System which are not opened and addressed promptly by the District Court will be "BLASTED" to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 3 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present a petition to Judge Medlin, or to Judge Langford if Judge Medlin is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: First Judicial District Judge Mark S. Medlin Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford.
Page 3 | Twenty-four Hour Accessibility
Petitions must be reviewed within an hour of presentation unless a judge or trial commissioner is unavailable, in which case the eWarrants System will alert all District and Circuit Judges for prompt review.
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, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 3 | Twenty-four Hour Accessibility
When additional time is allowed for record supplementation or briefing, counsel must advise the Court that the matter is ready for decision when the time expires or the work is completed.
E. If additional time is allowed in any proceeding for supplementation of the record, or for briefing, counsel shall, when the time has expired, or the supplementation or briefing completed, advise the Court that the matter is ready for a decision.
Page 14 | E
When a judge or trial commissioner is unavailable to review a petition, eWarrants alerts all District and Circuit Judges by text message and/or email.
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, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 20 | II. Twenty-four Hour Accessibility
Petitions on eWarrants that the District Court does not promptly open and address are sent to all District and Circuit Judges for prompt review and consideration.
All petitions filed for warrant on the Kentucky eWarrants System which are not opened and addressed promptly by the District Court will be "BLASTED" to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 20 | II. Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact the County Attorney and/or the Circuit Court Clerk in the county where the matter is pending to request placement on the Court’s next available docket.
Petitioners seeking to initiate contempt proceedings should contact: The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
Page 4 | Contempt Proceedings
The County Attorney or the Circuit Court Clerk may be contacted to request that contempt proceedings be placed on the Court’s next available docket.
The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
Page 21 | Rule 4. Domestic Violence Protocol and 24 Hour Access Policy