Court Rules

Barren Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Proposed Order, Proposed Judgment

  • 1 copy

Communication

Phone
(270) 651-9923
Scheduling
Fax

Chambers

[270] 651-5524
Filters:

Document Format Requirements3 rules

FormattingMandatory

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 704 Appearances, Waivers, and Agreements
FormattingMandatory

All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.

Applies to
  • Proposed order
  • Proposed judgment

Formatting

  • Word (or compatible) document format
C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments
FormattingMandatory

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

Applies to
  • Protective order petition

Formatting

  • Petitions must be made on form AOC-275.1.
C43D43DVPROTOCOL · Dec 2015 · p. 2
|SectionUniform Protocol for Handling Cases

Document Filing Requirements46 rules

Filing RequirementsMandatory

Each motion (except a motion to schedule an event) shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure).

C43FAMILYRULES · Mar 2012 · p. 7
|SectionRULE 2 — 202 Docketing C.1
Filing RequirementsMandatory

Each motion other than a motion to schedule an event must be accompanied by a separate tendered proposed order that cites authority; the court may deny a noncompliant motion.

Document
Motion

Must include

  • Proposed order

Court's wording

Each motion (except a motion to schedule an event) shall be accompanied by a separate tendered proposed order which shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure), and the court in its discretion may deny any motion which is noncompliant herewith.

C43FAMILYRULES · Mar 2012 · p. 7
|SectionRULE 2 — 202 Docketing C.2
Filing RequirementsMandatory

All motions shall include above the signature line for counsel or the self-represented movant the following declaration: The undersigned estimates that this hearing in its entirety will require approximately reserved time on the docket." _ minutes for which the undersigned has

Document
Motion
Placement
Signature block
C43FAMILYRULES · Mar 2012 · p. 7
|SectionRULE 2 — 202 Docketing B
Filing RequirementsMandatory

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders D.2
Filing RequirementsMandatory

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders C.2
Filing RequirementsMandatory

Any motion filed referring to a previous order or decree (including but not limited to requests for modification or enforcement thereof) shall identify the relevant section of such previous order or decree with particularity including declaration of the date of entry of such order or decree.

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 204 Motions for Modification or Enforcement of Prior Orders
Filing RequirementsMandatory

After each informal settlement conference, counsel must tender the appropriate Order Setting Settlement Conference for entry.

Court's wording

Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders A
Filing RequirementsMandatory

Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.

C43FAMILYRULES · Mar 2012 · p. 12
|Section502 Parents' Education Clinic
Filing RequirementsMandatory

The plaintiff and defendant must file a certificate showing completion of the Parents' Education Clinic or an equivalent program in the paternity-action record.

Court's wording

If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

C43FAMILYRULES · Mar 2012 · p. 12
|Section502 Parents' Education Clinic
Filing RequirementsMandatory

All parties in paternity actions must procure entry of a custody and visitation order.

Court's wording

B. All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

C43FAMILYRULES · Mar 2012 · p. 12
|Section503 Matters Concerning Welfare and Custody and Visitation of Children
Filing RequirementsMandatory

The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.

C43FAMILYRULES · Mar 2012 · p. 12
|Section502 Parents' Education Clinic
Filing RequirementsMandatory

In a dependency, neglect, and abuse action, the case plan or remedial contract must include a notice of rights regarding KRS Chapter 406 and obtaining a paternity judgment.

Court's wording

Services shall assure that each case plan or other remedial contract requiring compliance by In a dependency, neglect, and abuse action, the Kentucky Cabinet for Health and Family Chapter 406 and the procurement of a paternity judgment. a parent of a child born out-of-wedlock shall include a notice of rights regarding KRS

C43FAMILYRULES · Mar 2012 · p. 13
|SectionRULE 6 DEPENDENCY, NEGLECT, AND ABUSE — 602 Notice Concerning Paternity Determination
Filing RequirementsMandatory

A Case Data Information sheet (Form AOC-FC-3) shall be filed with the petition for dissolution of marriage.

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 703 Required Case Information
Filing RequirementsMandatory

at the initial court appearance the petitioner shall tender to the court for entry a properly completed Form AOC-237, "Status Quo Order,"

Document
Status quo order

Must include

  • Form AOC-237, "Status Quo Order"
C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 701 Status Quo Orders
Filing RequirementsMandatory

A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 705 Parents' Education Clinic
Filing RequirementsMandatory

The required Status Quo Order Addendum must state the debt restrictions, the court-permission or agreed-order exception, the reasonable-cost-of-living exception, and the related guidance.

Court's wording

Neither party shall incur additional debt in his or her own name or the name of his or her spouse without first receiving the permission of the court or filing with the court an agreed order signed by both parties and their attorneys (if any) except that either spouse may incur debt associated with the reasonable cost of living. The law does not define what is "reasonable" or in the "ordinary" course of business, and the court will not prejudge these matters; however; when incurring debt for ordinary living necessities, the parties should keep in mind that they are in a dissolution proceeding and, therefore, what was a reasonable expense or debt during the marriage may not be reasonable under these circumstances. The parties are encouraged to consult with their attorneys (if any) before incurring any debt which they think may violate the order.

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 701 Status Quo Orders
Filing RequirementsMandatory

which the following language shall appear after the phrase "Other Orders:" "See attached Addendum;" and the text of such attached Addendum shall provide as follows:

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 701 Status Quo Orders
Filing RequirementsMandatory

All Agreements and Agreed Orders shall contain the correct telephone number and mailing and e-mail addresses for the attorneys.

C43FAMILYRULES · Mar 2012 · p. 14
|SectionRULE 7 DOMESTIC RELATIONS PRACTICE — 704 Appearances, Waivers, and Agreements
Filing RequirementsMandatory

an action for dissolution of marriage shall not be docketed for hearing on a motion to submit for entry of decree until each party has filed a certificate of completion of the Parents' Education Clinic ("PEC") (or its substantial equivalent)

Filing RequirementsMandatory

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.

C43FAMILYRULES · Mar 2012 · p. 17
|Section901 Protection of Personal Identifiers
Filing RequirementsMandatory

The Family Court case data sheet shall be fully completed in all cases.

C43FAMILYRULES · Mar 2012 · p. 17
|Section901 Protection of Personal Identifiers
Filing RequirementsMandatory

each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.

C43FAMILYRULES · Mar 2012 · p. 18
|Section904 Retrieval of Exhibits
Filing RequirementsMandatory

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Court's wording

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C43FAMILYRULES · Mar 2012 · p. 22
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

Court's wording

A. 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.

C43FAMILYRULES · Mar 2012 · p. 22
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C43FAMILYRULES · Mar 2012 · p. 24
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The reviewing judge must identify in the petition’s “Court Action” section whether the action is a domestic violence or interpersonal protective order action.

Court's wording

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.

C43FAMILYRULES · Mar 2012 · p. 24
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

C43LOCALRULES · Mar 2019 · p. 3
|SectionRule 4 Appearances by counsel
Filing RequirementsMandatory

On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.

C43LOCALRULES · Mar 2019 · p. 3
|SectionRule 4 Appearances by counsel
Filing RequirementsMandatory

Counsel must remain of record through the time to file a notice of appeal unless the Court relieves counsel upon written motion and notice.

Court's wording

4.3 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 a final judgment or order.

C43LOCALRULES · Mar 2019 · p. 3
|SectionRule 4 Appearances by counsel
Filing RequirementsMandatory

5.2 In civil actions, proposed orders shall be tendered with each motion.

Document
Motion

Must include

  • Proposed order
C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments
Filing RequirementsMandatory

5.1 All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments
Filing RequirementsMandatory

5-3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments
Filing RequirementsMandatory

For a jury trial, the Pretrial Compliance Statement must contain the listed information and materials.

Court's wording

8.2 When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following: 1. A statement of the kind of action and a report on the status of mediation efforts; 2. Stipulations; 3. A statement of disputed issues with citation of authorities; 4. A confirmation that discovery is completed, or if not completed, the probable completion date; 5. A list of expected witnesses and brief summary of their testimony; 6. A separate list of expert witnesses and brief summary of their testimony; 7. A list of marked exhibits; 8. A list of all special damages and supporting documents; and 9. Proposed Jury Instructions.

C43LOCALRULES · Mar 2019 · p. 5
|SectionRule 8 Assignment of trials in civil matters
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C43D43DVPROTOCOL · Dec 2015 · p. 2
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

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.

C43D43DVPROTOCOL · Dec 2015 · p. 4
|Sectionm. Assignment of Cases
Filing RequirementsMandatoryCriminal cases

B. In petitioning for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in

Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application.

Filing RequirementsMandatoryCriminal cases

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 .

Filing RequirementsMandatoryCriminal cases

The Order of Diversion must include the listed restitution, supervision, duration, conduct, testing, and other conditions, as applicable.

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 the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole . 5. That the petitioner remain drug and alcohol free and be subject to random testing. 6. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 7. That the petitioner possess no firearm or any other deadIX weapon . 8. Any other provision of KRS 533 .030 or any other condition which the Court deems appropriate.

C43PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. Order of Pre-Trial Diversion
Filing RequirementsImportant

A pre-trial order shall limit the time reserved for the entire evidentiary hearing or presentation of evidence-in-chief (including rebuttal) in a designated sequence, and, trial, and such pre-trial order may include allocation of time to the parties for except as otherwise provided, such allocation of time shall be subject to the following terms and conditions:

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders D.3
Filing RequirementsImportant

The Order shall state that the parties have 10 days

Filing RequirementsImportant

For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

C43LOCALRULES · Mar 2019 · p. 3
|SectionRule 4 Appearances by counsel
Filing RequirementsImportant

5.4 In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.

C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments
Filing RequirementsNote

A pre-trial order may include requirements that the parties tender proposed Findings of Fact, Conclusions of Law, and Order at the beginning of the evidentiary hearing or pursuant to an order concerning post-trial compliance.

C43FAMILYRULES · Mar 2012 · p. 8
|SectionRULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders D.1
Filing RequirementsNote

A party may comply with the requirements of FC 43 Rule 705 A. by filing a photocopy of the certificate of completion of the Parents' Education Clinic which such party may have filed in the record of a separate action.

Filing RequirementsNote

At such time that the Court becomes able to sign orders electronically, the Court may direct parties to submit proposed orders in that fashion.

C43LOCALRULES · Mar 2019 · p. 4
|SectionRule 5 Entry of orders and judgments

Filing & Service rules

Electronic Filing Rules

Parties may file motions in compliance with the e-filing system, and motions filed under the e-filing protocol are deemed properly filed.

This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.

Page 3 | Rule 2 Rule Days; Motions and motion dockets

Filing Timing and Cure Windows

The moving party must file the original motion and serve a copy by the Clerk’s Office closing time seven calendar days before the hearing date.

A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.

Page 7 | RULE 2 — 203 Deadline for Filing and Serving Motions A.1

A motion will not be heard unless Family Court staff has docketed it for hearing and it has been timely filed and served, unless good cause is shown for the untimeliness.

The court shall hear no motion which has not been docketed for hearing by the Family Court staff (whose telephone number is [270] 651-9923), and, except for good cause shown, the court shall hear no motion which has not been timely filed and served thereafter.

Page 8 | RULE 2 — 203 B

In marital dissolution actions involving property matters, all parties must file Form AOC-239 no later than 10 days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders D.2

In marital dissolution actions, all parties must file Form AOC-238 no later than 10 days before the pre-trial conference, unless the parties exchanged the statements earlier under FCRPP 2 [3].

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders C.2

Any objection requesting a hearing must be filed within 10 days from entry of the order.

The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.

Page 12 | 502 Parents' Education Clinic

The plaintiff and defendant must file the completion certificate no later than 90 days after the later of entry of the paternity judgment or release of any party incarcerated at that time.

If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

Page 12 | 502 Parents' Education Clinic

The custody and visitation order must be entered no later than 90 days after the later of entry of the paternity judgment or release of any party incarcerated at that time.

B. All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

Page 12 | 503 Matters Concerning Welfare and Custody and Visitation of Children

When the parties have minor children, the petitioner must tender the order within 20 days after the response is filed.

Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.

Page 12 | 502 Parents' Education Clinic

When the parties have minor children, the petitioner must tender an Order to the Court within 20 days after the response is filed.

A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the

Page 14 | RULE 7 DOMESTIC RELATIONS PRACTICE — 705 Parents' Education Clinic

Each party must tender the ex parte order no earlier than 10 days and no later than 45 days after the later specified appeal-related event, unless a party shows good cause.

except for good cause shown by any party, not earlier than ten (10) days and not later than forty-five (45) days following the latter to occur of (i) the expiration of the time within which any party may file a notice of appeal from such final order (if no party has timely filed such notice of appeal) or (ii) the finality of the last available order of any appellate court with jurisdiction therein (excepting an order remanding the action to this court for further adjudication), each party, by counsel or prose (if the party is self-represented), shall tender to the court for entry an ex parte order

Page 18 | 904 Retrieval of Exhibits

The authorized agency or officer must present a petition for review within an hour, following the listed sequence subject to availability.

Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge

Page 23 | n. Twenty-four Hour Accessibility

E-mailed or faxed motions are not recognized until the original is received and entered in the record by the appropriate Circuit Clerk.

2.6 Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Page 3 | Rule 2 Rule Days; Motions and motion dockets

Motions may not be filed on the morning of trial without leave of the Court.

No motions may be filed on the morning of trial without leave of the Court.

Page 5 | Rule 7 Jury trials

The Pretrial Compliance Statement must be furnished at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:

Page 5 | Rule 8 Assignment of trials in civil matters

Settlement notification must be made before 3:30 p.m. on the day before the scheduled trial.

Parties shall notify the Court and the Circuit Clerk prior to 3:30 P.M. on the day before the case is scheduled for trial if they settle a case, so jurors will not have to be summoned.

Page 6 | Rule 9 Settlement of cases

The court must review a protective-order petition immediately upon filing and must not send petitioners away or leave them 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 lett waiting for extended periods of time.

Page 2 | Uniform Protocol for Handling Cases

The authorized agency or officer must present a petition for review within an hour, following the listed order according to official availability.

Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge

Page 3 | Twenty-four Hour Accessibility

An eligible person may petition for pretrial diversion with notice to the Commonwealth's Attorney, at least seven days before sentencing.

A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing .

Criminal cases

Page 2 | III. Procedure

The party must demand return of the exhibits no later than 30 days thereafter.

on demand (not later than thirty [30] days thereafter) all exhibits introduced into evidence by such party at each evidentiary hearing which the court has conducted in such action.

Page 18 | 904 Retrieval of Exhibits

Counsel in criminal actions may tender proposed jury instructions at any time before trial.

7•4 Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.

Page 5 | Rule 7 Jury trials

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

The moving party must serve a copy of the motion no later than the Clerk’s Office closing time seven calendar days before the hearing date.

A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.

Page 7 | RULE 2 — 203 Deadline for Filing and Serving Motions A.1

In marital dissolution actions, all parties must serve Form AOC-238 no later than 10 days before the pre-trial conference, unless the parties exchanged the statements earlier under FCRPP 2 [3].

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders C.2

In marital dissolution actions involving property matters, all parties must serve Form AOC-239 no later than 10 days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders D.2

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by

Page 2 | Rule 2 Rule Days; Motions and motion dockets

A copy of the motion to relieve counsel must be served upon the client.

4.3 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 a final judgment or order.

Page 3 | Rule 4 Appearances by counsel

Motion service must be delivered by the Clerk’s closing time one week before the hearing Rule Day, with three additional days’ notice when service is by mail.

delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard. If service of the motion is by mail, an additional three (3) days' notice shall be required.

Page 3 | Rule 2 Rule Days; Motions and motion dockets

The parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:

Page 5 | Rule 8 Assignment of trials in civil matters

Failure to furnish discovery material required by the civil rules will result in sanctions.

Failure to furnish discovery material required by the civil rules shall result in sanctions.

Page 5 | Rule 8 Assignment of trials in civil matters

A pretrial diversion petition must provide notice to the Commonwealth's Attorney; the method of notice is not specified.

A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing .

Criminal cases

Page 2 | III. Procedure

After 60 days have expired from entry of the most recent order, any notice must be served on both opposing counsel and the party at the party’s last known address.

If sixty (60) days have expired since the date of entry of the most recent order, any notice shall be served on both the opposing attorney and the party at his or her last known address.

Page 7 | RULE 2 — 203 Deadline for Filing and Serving Motions A.2

Filing Fees and Waivers

A party qualified for representation by Kentucky Legal Aid may proceed without paying costs, but the court may review that qualification at any time on its own motion.

Any party who has qualified for representation by Kentucky Legal Aid may proceed in the action in forma pauperis under the provisions of KRS 453.190 and may prosecute the subject action without payment of any cost; provided, however, that the court may review the party's qualification for in forma pauperis treatment at any time on its own motion.

Page 17 | 903 In Forma Pauperis Qualification

Courtesy Copy Requirements

Counsel must transmit a courtesy copy of the proposed order or judgment to opposing counsel.

Counsel shall transmit a courtesy copy to opposing counsel.

Page 4 | Rule 5 Entry of orders and judgments

Sealing & Redaction Procedures

Personal identifiers generally require a redacted copy and an unredacted copy in a marked, sealed envelope with access limited to authorized persons; statutory confidential actions are exempt from redaction and follow the cited access rules.

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. 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 orders of the court. B. 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, and by any applicable rule.

Page 17 | 901 Protection of Personal Identifiers

Chambers Communication Rules

To docket a motion for hearing, the movant must call Family Court staff, provide opposing counsel’s correct phone numbers, and work with opposing counsel in good faith to estimate the hearing’s length while identifying a date and time that accommodates counsel’s schedules.

To docket a motion for hearing, movant, by counsel or pro se, shall telephone the Family Court staff at (270) 651-9923 and furnish the correct telephone number for all opposing (preferably a telephone conference call) to ascertain the earliest available hearing date counsel so as to enable the Family Court staff to initiate one or more telephone calls and time, accommodating the schedules of all counsel to the action; provided, however, in good faith shall arrive at an estimate for the length of the entire hearing so that the that during such scheduling telephone call or calls the movant and all opposing counsel Family Court staff on behalf of the movant can reserve the estimated time accordingly when docketing the subject motion.

Page 7 | RULE 2 — 202 Docketing A

Petitioner's counsel must fax a copy of each petition to the Family Court Judge no later than the time the petition is filed with the clerk.

A. Counsel for petitioner shall send Family Court Judge by FAX (at [270] 651-5524) a copy of each petition not later than the time of filing such petition with the clerk

Page 10 | RULE 3 ADOPTIONS / TERMINATION OF PARENTAL RIGHTS — 301 Appointment of Counsel and Guardians ad Litem in Actions for Termination of Parental Rights

The filing party must communicate a motion withdrawal or remand, or hearing cancellation, directly to both the Circuit Judge and the Clerk, and all parties must agree.

Any withdrawal or remand of motions or cancellation of hearings shall be made by the filing party directly to the Circuit Judge and to the Clerk and must be by agreement of all parties.

Page 3 | Rule 2 Rule Days; Motions and motion dockets

When directed in a matter taken under advisement, proposed orders and judgments must be e-mailed to the Court in Word or a compatible format, with a hard copy submitted to the Clerk.

All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.

Page 4 | Rule 5 Entry of orders and judgments

Unless otherwise specified, counsel must meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.

Unless otherwise specified, counsel shall meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.

Page 5 | Rule 7 Jury trials

If a case settles, the parties must notify the Court and Circuit Clerk before 3:30 p.m. on the day before trial.

Parties shall notify the Court and the Circuit Clerk prior to 3:30 P.M. on the day before the case is scheduled for trial if they settle a case, so jurors will not have to be summoned.

Page 6 | Rule 9 Settlement of cases

The moving party’s attorney must promptly notify Family Court staff by telephone when a previously docketed motion or proceeding will not be heard, for any reason.

The attorney of record for a moving party forthwith shall notify the Family Court staff (whose telephone number is [270] 651-9923) whenever any motion or any proceeding (previously docketed for hearing) shall not be heard, whether because of agreement of the parties or because of any other reason.

Page 7 | RULE 2 — 201 General

Petitioners initiating contempt proceedings should contact the listed court staff, who will assist with processing supporting affidavits and scheduling hearings.

B. Petitioners seeking to initiate contempt proceedings should contact: 1.) The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge. 2.) The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.

Page 25 | Domestic Violence Protocol

Parties may e-mail motions to the Circuit Judge before the hearing for informational purposes, but the motion is not recognized until the original is received and entered in the record.

2.6 Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Page 3 | Rule 2 Rule Days; Motions and motion dockets

Holiday schedules may be obtained by calling Family Court staff.

Holiday schedules may be obtained by telephoning Family Court staff at (270) 651-9923.

Page 5 | 104 Holidays

Parties may schedule a pre-trial conference by telephone with Family Court staff.

Parties may schedule Pre-Trial Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which the court shall make the appropriate Order Setting Pre-Trial Conference.

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders C.1

Parties may schedule an informal settlement conference by telephone with Family Court staff.

Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.

Page 8 | RULE 2 — 205 Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders A

Petitioners seeking to initiate contempt proceedings should contact the listed court staff or clerk’s office for assistance processing affidavits and scheduling hearings.

B. Petitioners seeking to initiate contempt proceedings should contact: 1.) The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge. 2.) The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.

Page 5 | Contempt Proceedings

Common questions about Barren Circuit Court rules

Are courtesy copies required in Barren Circuit Court?

Courtesy-copy rule applies for proposed orders and proposed judgments. Details: 1 copy. Counsel must transmit a courtesy copy of the proposed order or judgment to opposing counsel.

View ruleSource: page 4, section Rule 5 Entry of orders and judgments

What formatting rules apply to filings in Barren Circuit Court?

Barren Circuit Court's formatting rule includes word (or compatible) document format. Proposed orders and judgments submitted in matters taken under advisement must be in Word or a compatible document format.

View ruleSource: page 4, section Rule 5 Entry of orders and judgments

What must be included with petition for dissolution filings in Barren Circuit Court?

The petition for dissolution of marriage must be filed with a Case Data Information sheet (Form AOC-FC-3).

View ruleSource: page 14, section RULE 7 DOMESTIC RELATIONS PRACTICE — 703 Required Case Information

What must be included with motion filings in Barren Circuit Court?

Every motion must include, above counsel’s or the self-represented movant’s signature line, a declaration estimating the hearing’s total duration and stating that the estimated time has been reserved on the docket.

View ruleSource: page 7, section RULE 2 — 202 Docketing B

How may parties contact Barren Circuit Court?

The rule lists phone (270) 651-9923. To docket a motion for hearing, the movant must call Family Court staff, provide opposing counsel’s correct phone numbers, and work with opposing counsel in good faith to estimate the hearing’s length while identifying a date and time that accommodates counsel’s schedules.

View ruleSource: page 7, section RULE 2 — 202 Docketing A

How does Barren Circuit Court handle sealed or redacted filings?

Personal identifiers generally require a redacted copy and an unredacted copy in a marked, sealed envelope with access limited to authorized persons; statutory confidential actions are exempt from redaction and follow the cited access rules.

View ruleSource: page 17, section 901 Protection of Personal Identifiers

Are filing fees or waivers addressed in Barren Circuit Court?

The rule identifies fee waiver availability. A party qualified for representation by Kentucky Legal Aid may proceed without paying costs, but the court may review that qualification at any time on its own motion.

View ruleSource: page 17, section 903 In Forma Pauperis Qualification

Is electronic filing required in Barren Circuit Court?

Electronic filing is permitted for the covered filings. Parties may file motions in compliance with the e-filing system, and motions filed under the e-filing protocol are deemed properly filed.

View ruleSource: page 3, section Rule 2 Rule Days; Motions and motion dockets

What filing deadlines does Barren Circuit Court set?

The moving party must file the original motion and serve a copy by the Clerk’s Office closing time seven calendar days before the hearing date.

View ruleSource: page 7, section RULE 2 — 203 Deadline for Filing and Serving Motions A.1

What service or proof of service rules apply in Barren Circuit Court?

Details: timing: 7 calendar days before hearing. The moving party must serve a copy of the motion no later than the Clerk’s Office closing time seven calendar days before the hearing date.

View ruleSource: page 7, section RULE 2 — 203 Deadline for Filing and Serving Motions A.1
Complete rules summary for Barren Circuit Court

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy clerk.

The petition for dissolution of marriage must be filed with a Case Data Information sheet (Form AOC-FC-3).

Holiday schedules may be obtained by calling Family Court staff.

The moving party’s attorney must promptly notify Family Court staff by telephone when a previously docketed motion or proceeding will not be heard, for any reason.

To docket a motion for hearing, the movant must call Family Court staff, provide opposing counsel’s correct phone numbers, and work with opposing counsel in good faith to estimate the hearing’s length while identifying a date and time that accommodates counsel’s schedules.

Every motion must include, above counsel’s or the self-represented movant’s signature line, a declaration estimating the hearing’s total duration and stating that the estimated time has been reserved on the docket.

Each motion other than a motion to schedule an event must cite legal authority, such as a controlling statute, published decision, or procedural rule.

Each motion other than a motion to schedule an event must be accompanied by a separate tendered proposed order that cites authority; the court may deny a noncompliant motion.

Parties may schedule a pre-trial conference by telephone with Family Court staff.

The moving party must file the original motion and serve a copy by the Clerk’s Office closing time seven calendar days before the hearing date.

The moving party must serve a copy of the motion no later than the Clerk’s Office closing time seven calendar days before the hearing date.

After 60 days have expired from entry of the most recent order, any notice must be served on both opposing counsel and the party at the party’s last known address.

A motion will not be heard unless Family Court staff has docketed it for hearing and it has been timely filed and served, unless good cause is shown for the untimeliness.

A motion referring to a prior order or decree, including a motion to modify or enforce it, must identify the relevant section with particularity and state the order’s entry date.

Parties may schedule an informal settlement conference by telephone with Family Court staff.

After each informal settlement conference, counsel must tender the appropriate Order Setting Settlement Conference for entry.

In marital dissolution actions, the pre-trial conference order must require all parties to file and serve Form AOC-238 no later than 10 days before the conference, unless they exchanged the statements earlier under FCRPP 2 [3].

In marital dissolution actions, all parties must file Form AOC-238 no later than 10 days before the pre-trial conference, unless the parties exchanged the statements earlier under FCRPP 2 [3].

In marital dissolution actions, all parties must serve Form AOC-238 no later than 10 days before the pre-trial conference, unless the parties exchanged the statements earlier under FCRPP 2 [3].

A pre-trial order may require the parties to tender proposed findings of fact, conclusions of law, and an order at the beginning of the evidentiary hearing or under a post-trial compliance order.

In marital dissolution actions involving property matters, the pre-trial order must require all parties to file and serve Form AOC-239 no later than 10 days before trial.

In marital dissolution actions involving property matters, all parties must file Form AOC-239 no later than 10 days before trial.

In marital dissolution actions involving property matters, all parties must serve Form AOC-239 no later than 10 days before trial.

A pre-trial order must limit the time reserved for the entire evidentiary hearing or trial and may allocate presentation time among the parties; the stated allocation is subject to any otherwise-provided terms and conditions.

Petitioner's counsel must fax a copy of each petition to the Family Court Judge no later than the time the petition is filed with the clerk.

When the parties have minor children, the petitioner must tender an order requiring them to attend parent education classes.

When the parties have minor children, the petitioner must tender the order within 20 days after the response is filed.

The parent-education order must state that the parties have 10 days from its entry to file an objection requesting a hearing.

Any objection requesting a hearing must be filed within 10 days from entry of the order.

The plaintiff and defendant must file a certificate showing completion of the Parents' Education Clinic or an equivalent program in the paternity-action record.

More Judges in Barren Circuit Court

John T. Alexander
Judge
Mica Wood Pence
Judge