Bath County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Upon Filing
Page & Word Limits1 rule
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
- Notice of service
- Up to 1 page
Document Format Requirements4 rules
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
- Petition
Formatting
- •Petitions must be made on form AOC-275.1.
All motions must be written.
- Motion
Formatting
- •All motions must be in writing
Court's wording
To assist the Clerk and the Court in preparation, all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es). The petitioner shall make diligent efforts to locate the child's parents.
- Petition
Formatting
- •Petitions must be filed on the appropriate AOC forms
At arraignment, on either written or oral motion of the defendant, the Court may enter a standard discovery order. Further discovery may be requested, in writing, as necessary.
Document Filing Requirements46 rules
Petitions undergo County Attorney legal-sufficiency review, with rejected petitions submitted to a District Judge; approved petitions are initialed, distributed to the assigned prosecutor, and filed in original with the appropriate Circuit Court Clerk.
Court's wording
All petitions shall be filed in accordance with FCRPP 20. All petitions shall then be submitted to the County Attorney and/or Assistant County Attorney in the appropriate county, who shall check the petition for legal sufficiency. If the petition is rejected by the County Attorney and/or Assistant County Attorney, it shall be submitted to a District Judge for determination of legal sufficiency. If the Judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the appropriate Circuit Court Clerk in the 21s Judicial District.
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es). The petitioner shall make diligent efforts to locate the child's parents.
Any party requesting issuance of an ECO shall comply with the requirements of FCRPP 19 when making said request.
Any such interested party shall comply with the requirements of FCRPP 19 when making a request for an ECO.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.
In applying for pretrial diversic . ::, 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.
When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence to be imposed if the agreement is unsuccessful.
Court's wording
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)
A diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s obligation not to commit offenses and to comply with specified conditions.
Court's wording
B. The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
A transfer order must be signed and sent by the transferring judge, signed by the accepting judge acknowledging acceptance, and filed in the case being transferred.
Court's wording
To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.
A copy of the receipt assigning each case to a division shall be filed in the case file.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
- Document
- Motion
Must include
- •Certificate of service
All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion.
No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.
Counsel shall tender a proposed order with each motion when they appear on motion day.
- Document
- Motion
Must include
- •Proposed order
Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.
However, if a party to a divorce action fails to respond and refuses to sign a waiver of notice of final hearing, the matter shall be noticed for a date certain.
In the specified mobile-home foreclosure actions, the judgment submitted to the court must include the mobile home's VIN.
Court's wording
In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.
A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment and have
A foreclosure complaint must establish the plaintiff's status as note and mortgage holder and include the specified note, mortgage, affidavit, assignment-chain, or successor-in-interest documentation.
Court's wording
Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;
A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is pending.
If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.
placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.
Originals of depositions shall be filed in the Court record pursuant to CR 30.06.
A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
Protective-order petitions under KRS Chapters 403 or 456 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.
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.
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.
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 or transferred between courts if it is determined 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 shall re-issue a summons until the matter may be heard by the receiving judge.
The pretrial report must include specified background, criminal-history, prior-program, employment, residency, and eligibility information.
Court's wording
The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.
Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial.
Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the court-ordered conditions and other applicable terms.
Court's wording
Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services.
If the program participant fails to comply with the condition of the contract, the pretnal officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.
Uncontested divorces may be submitted to the Court, with appropriate documentation as required by FCRPP 3(1) unless otherwise waived by the Court, without being noticed for a date certain.
A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.
C. The Order of Diversion may include: l. That the petitioner remain drug and alchol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon .
Filing & Service rules
Electronic Filing Rules
Interrogatories and their answers, production or inspection requests and their answers, and requests for admissions and their answers must not be filed with the Court.
Interrogatories propounded under CR 33 and answers thereto, requests for productions or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 and answers thereto shall not be filed with the Court.
Page 9 | R21C-720. ANSWERING AND FILING INTERROGATORIES OR REQUESTS
Filing Timing and Cure Windows
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
During regular business hours, the relevant Clerks must present petitions to a judge or Trial Commissioner within one hour, unless unavailability makes that impossible.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
After regular business hours, the authorized agencies must present petitions to a judge or Trial Commissioner within one hour, unless unavailability makes that impossible.
Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
If copies to opposing counsel and the Court are served by mail, the motion must be filed at least five days before the scheduled hearing.
If copies to opposing counsel and the Court are served by mail, said motion must be filed no later than five (5) days prior to the date of the scheduled hearing.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Emergency Protective Orders must be filed at the relevant Circuit Clerk's Office on the next available business date, no later than noon that day.
Any and all Emergency Protective Orders shall be filed immediately at the relevant Circuit Clerk's Office on the next available date when this office is open for business no later than noon on that date.
Civil cases
Page 5 | 302
Motions must be filed at least 48 hours before the scheduled hearing; weekends and holidays are excluded when service is made in person.
To assist the Clerk and the Court in preparation, all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Any dispositional report must be filed at least three days before the disposition hearing.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
During regular business hours, clerks must present petitions to a judge or Trial Commissioner within one hour, unless none is available.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21s Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 11 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
After regular business hours, authorized agencies must present petitions to a judge or Trial Commissioner within one hour, unless none is available.
Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 12 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
After entering a guilty plea, an eligible person may apply for pretrial diversion within 14 days of final sentencing.
Alternatively, after a guilty plea has been entered any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order within 14 days of final sentencing .
Criminal cases
Page 2 | Procedure
An eligible person may apply for pretrial diversion after indictment, but must do so no later than 14 days before trial.
After indictment in circuit court, and no later than 14 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order
Criminal cases
Page 2 | Procedure
Motions must be filed with the clerk by close of business at least one week before the hearing, unless the Court approves a later filing; untimely motions are mailed back to the attorney.
All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.
Page 5 | R21C-205. NOTICES, MOTIONS AND ORDERS
If no objection is filed within ten days after service of the summons, petition, and order, the court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Order, the Status Quo Order will be entered by the Court.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
A response is due 20 days from the motion's certification date; the parties may extend the response time by agreement with court approval.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Attorneys must provide the written trial-readiness advice and probable trial length on or before the report date.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
Page 10 | RULE 8. CRIMINAL CASES; R21C-800. CRIMINAL CASES
A counter-statement under CR 72.12 is due within 30 days after the statement of appeal; a motion for extension must be filed within 10 days after that period.
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 Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
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 as provided by CR 74, the Clerk shall dismissal and remand shall be entered.
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 as provided by CR 74, the Clerk shall dismissal and remand shall be entered.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 13 | Uniform Protocol for Handling Cases
During regular business hours, the relevant clerks must present a received petition to a judge or trial commissioner within one hour, unless the official is unavailable.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
After regular business hours, the authorized agencies must present a received petition to a judge or trial commissioner within one hour, unless the official is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
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
A Guardian ad Litem's or Warning Order Attorney's failure to file an answer or report within 60 days of notification of appointment may result in sanctions.
The failure of the Guardian ad Litem or Warning Order Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
When the initial appearance in a dissolution action may not occur for 30 days or more after filing, a motion requesting a Status Quo Order may be filed with the petition.
However, in the 21st Judicial Circuit, the initial court appearance may not occur for thirty days or more after the initial filing of an action for Dissolution of Marriage. Therefore, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
Agreed orders and judgments and in forma pauperis motions may be submitted at any time and should not be noticed on the motion docket.
Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be noticed on the motion docket.
Page 8 | R21C-700. AGREED ORDERS
Service and Proof of Service Rules
All relevant parties must receive notice of the proceedings and details about the reason for the motion.
All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.
Civil cases
Page 5 | 401
A copy of every filed motion must be served or mailed to the Court.
Copies of all motions filed shall be served or mailed to the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
When no CHFS social worker is involved, the ECO copy must be provided to the requester before they leave the clerk’s office and to CHFS, while the original stays with the clerk.
If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.
Civil cases
Page 7 | RULE 5. DEPENDENCY NEGLECT AND ABUSE
After the hearing, CHFS must continue diligent efforts to locate and notify anyone who was not served.
The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
CHFS must provide the court and all attorneys of record with the FCRPP 28 information and any dispositional report at least three days before the disposition hearing.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure and file a motion under FCRPP 26.
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
The Juvenile Clerk must notify appointed attorneys of the temporary removal hearing date and provide them copies of all relevant documents.
The Juvenile Clerk shall notify the appointed attorneys of the date for the temporary removal hearing, and provide them copies of all relevant documents.
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
Civil cases
Page 9 | 601. STATUS OFFENSES
When a case is transferred because of a pending dissolution or custody matter and the adverse party has not been served, the initiating Court must reissue the summons for no more than 14 days, or for another period the Court determines necessary to protect the petitioner.
Consistent with FCRPP 12, when a case is 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 to not exceed fourteen (14) 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.
Civil cases
Page 10 | APPENDIX A — I. UNIFORM PROTOCOL FOR PROCESSING CASES
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
The Court may void a person’s participation in diversion only after a hearing with notice to the Commonwealth and defendant, upon the stated showing of noncompliance or lack of satisfactory progress.
A. After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing offailure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 4 | V. Voiding a Diversion Order
A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, with that service noted in the certificate of service.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
Page 4 | R21C-205. NOTICES, MOTIONS AND ORDERS
If the petitioner has not requested a Status Quo Order, the respondent may seek one at the initial appearance or by motion, but must give the petitioner notice without clerk assistance.
If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule. However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
A Guardian ad Litem appointed for the specified respondents must notify them of the appointment and proceeding, and inform respondents in paternity cases of the right to genetic testing.
Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding, and, in paternity cases, inform the respondent of the right to have genetic testing conducted.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
Notice must be given to the party in default in connection with placing the default matter on the motion docket.
placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.
Page 9
All parties must receive notice of the Bath County Protective Order hearing as indicated on the Protective Order.
1. BATH COUNTY- Protective Order hearings shall take place every other Tuesday at 1:00p.m. and can at times be held each and every Tuesday depending on how hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties will receive notice of the Montgomery County Protective Order hearing as indicated on the Protective Order.
2. MONTGOMERY COUNTY- Protective Order hearings shall take place every Monday at 1:30 p.m. in Montgomery District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties will receive notice of the Rowan County Protective Order hearing as indicated on the Protective Order.
3. ROWAN COUNTY- Protective Order hearings shall take place every Monday at 1:00 p.m. in Rowan District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties will receive notice of the Menifee County Protective Order hearing as indicated on the Protective Order.
4. MENIFEE COUNTY- Protective Order hearings shall take place every Tuesday at 9:30 a.m. in Menifee District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 16 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases
All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases
The judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes CHFS made diligent efforts to serve all other parties.
The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
Filing Fees and Waivers
The movant must pay a $50 fee to reopen a paternity case more than six months after judgment to modify support, custody, or visitation, unless the case or movant qualifies for in forma pauperis status.
Pursuant to FCRPP 14(1), a $50.00 fee shall be paid by the movant in paternity cases reopened after six (6) months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not apply to cases or movants proceeding in forma pauperis who qualify.
Civil cases
Page 5 | 402. FILING FEES
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 Circuit Clerk shall assign the case to a Division of the Circuit Court in the same manner as is done with other civil and criminal cases and shall place a copy of the notice of appeal in the box of the appropriate Circuit Judge.
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 Circuit Clerk shall assign the case to a Division of the Circuit Court in the same manner as is done with other civil and criminal cases and shall place a copy of the notice of appeal in the box of the appropriate Circuit Judge.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
Program participation carries a fee set by the Administrative Office of the Courts, which may be adjusted based on ability to pay or waived for indigence.
The fee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The pretrial officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | II. PARTICIPATION
Courtesy Copy Requirements
Counsel must provide the Court a copy of each written motion when filing the original with the Clerk's Office, by mail, email, or hand delivery.
Counsel shall mail, e-mail or hand-deliver a copy of each written motion to the Court when the original is filed with the Clerk's Office.
Civil cases
Page 5 | 204. COPIES OF JUVENILE MOTIONS TO COURT
Sealing & Redaction Procedures
Domestic-relations filings must provide statutorily required personal identifiers while filing a redacted copy and a marked, sealed unredacted copy with restricted access; statutory-confidential filings need not be redacted.
1. 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. 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. As used in this section, "personal identifier" means a Social Security number or tax-payer identification number, date of birth, or financial account number. 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 6 | R21C-515. PROTECTION OF PERSONAL IDENTIFIERS IN DOMESTIC RELATIONS CASES
Program records and contract-related statements are confidential and protected from use or disclosure, subject to specified access, consent, and victim-information exceptions.
All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
Criminal cases
Page 3 | II. PARTICIPATION
Adjournment & Extension Requirements
After the report date, the Court will not continue a criminal case absent good cause.
After the report date, the Court will not accept or consider a plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 10 | RULE 8. CRIMINAL CASES; R21C-800. CRIMINAL CASES
A motion for a continuance must be made and heard before the designated report date, unless good cause is shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 10 | RULE 8. CRIMINAL CASES; R21C-800. CRIMINAL CASES
The response deadline may be extended by agreement of the parties with court approval.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Chambers Communication Rules
After working hours, on weekends, and on holidays, the applicable CHFS representative, County Attorney, or law enforcement must contact the on-call judge or trial commissioner about issuing an ECO.
B. After working hours Monday through Friday and on weekends and holidays, the on-call District Court Judge or trial commissioner shall be contacted by CHFS, the County Attorney/Assistant County Attorney or law enforcement, as applicable, for consideration on the issuance of an ECO.
Civil cases
Page 7 | RULE 5. DEPENDENCY NEGLECT AND ABUSE
Special permission from the Judge’s staff is required to place a contempt matter on the docket in another county in the 21st Judicial Circuit.
Special permission from the Judge's staff must be obtained to place said matter on the docket in another county in the 21st Judicial Circuit.
Page 10 | R21C-745. PROCEDURE ON RULES FOR CONTEMPT