Bell Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • No Later Than Filing Date
Responsive Filing
- 1 copy • No Later Than Due Date
Adjournments
- A party may seek a continuance by filing a motion with the Clerk before ten days prior to trial, stating the reasons and noticing it for a hearing at the Court’s convenience.
Communication
Phone
Page & Word Limits1 rule
Unless otherwise allowed by the Court, the memorandum shall not exceed twenty-five (25) pages in length.
- Memorandum
- Up to 25 pages
Document Format Requirements2 rules
During trial, parties must have and make available to the Court an electronic copy of proposed jury instructions on a readily accessible media device.
Court's wording
(b) During trial, the parties shall have and make available for the Court a copy of proposed jury instructions in electronic format on a readily accessible media device (e.g. a USB drive, or compact disk), which may be used by the parties and the Court in the composition of the final jury instructions to be submitted to the jury.
Covered filings must include a redacted copy and an unredacted copy in a scaled envelope bearing the specified seal marking; the specified AOC-031 form must also be placed in a sealed envelope with that marking.
Court's wording
Except as provided in paragraph 2 below, where personal identifiers are required by statute or are otherwise contained in documents or exhibits filed of record with the Bell Circuit Court Clerk, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal identifiers have been redacted and one unredacted copy in a scaled envelope marked "Sealed Pursuant to CR 7.03(1)." If the Bell Circuit Court Clerk files of record in an action a form AOC-031, "Notice of Firearm Prohibitions," it shall be placed in the record in a sealed envelope marked, "Sealed Pursuant to CR 7.03(1)."
Document Filing Requirements59 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3) .
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
The Order of Diversion must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.
Court's wording
B. 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. 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 .
3. Jury Instructions. (a) Unless the Court orders otherwise, the parties shall tender to the Court and to one another any proposed jury instructions at least two (2) days prior to the day on which it is expected the jury will receive instructions.
The original shall be attached to the faxed or emailed copy and shall be considered filed of record as of the date the faxed or emailed copy was received and marked as filed.
A party opposing a properly served motion accompanied by a memorandum must file a responsive memorandum stating its grounds and citing authorities; failure to file it timely may be grounds for granting the motion.
Court's wording
Any party properly served with a motion accompanied by a memorandum as provided in subparagraph (a) above shall, if the party opposes the motion, file of record a responsive memorandum of the grounds on which the party opposes the motion with citation of authorities relied upon. Failure to timely file of record a responsive memorandum may be grounds for granting of the motion.
All motions shall contain a notice of hearing specifying the date, time, and place of hearing.
Unless by the nature of the motion it would not be reasonably appropriate, all motions shall be accompanied by a brief memorandum of the grounds for the motions with citation of authorities relied upon. Failure to include a memorandum may be grounds for denial of the motion.
Attorney-signed pleadings, motions, and other legal papers must include the signing attorney’s facsimile number and, if available, email address, in addition to the information required by CPR-120.
Court's wording
All pleadings, motions and other legal papers requiring the signature of an attorney shall set forth, in addition to that information required in the Rules of Practice and Procedure for the Cumberland Region of Judicial Circuits, more specifically CPR-120, the facsimile transfer number of the attorney signing said document, and electronic mailing address, if available.
1. Designation of Pleadings. The initiating pleading in actions initiated in the Circuit Court shall be termed the "Petition," and the initiating party the "Petitioner." The responsive pleading in such actions shall be termed the "Response," and the responding party the "Respondent."
(ii) if in the Bell Circuit Court action the appointment of a guardian ad litem is required, the identity of any guardian ad litem, practicing in Bell County, known to have been previously appointed to represent a child involved in the Bell Circuit Court action.
For the specified family-law actions, the Petition must list reasonably related non-court proceedings involving the Kentucky Cabinet for Health and Family Services in which a party is or was involved within the preceding year.
Court's wording
(it) a list of any non-court proceedings involving the Kentucky Cabinet for Health and Family Services, or any division thereof, including but not limited to, investigations, in which a party to the Bell Circuit Court action is involved or was involved within the preceding one (1) year, and which are reasonably related in their substance or outcome to the Bell Circuit Court action;
For the specified family-law actions, the Petition must list reasonably related known Family Law actions involving a party within the preceding three years, whether inside or outside the Commonwealth.
Court's wording
(a) In addition to any information and documentation required by the Family Court Rules of Procedure and Practice and other of these rules, the Petition in any action pertaining to custody, child support, visitation and timesharing, termination of parental rights, and adoption, shall contain the following information: (i) a list of any other known Family Law actions in which a party to the Bell Circuit Court action is a party or was a party within the preceding three (3) years, within or without the Commonwealth, and which are reasonably related in their substance or outcome to the Bell Circuit Court action;
2. When signed by the Judge, the Order or Judgment shall be delivered to the Bell Circuit Court Clerk for entry and distribution.
If a Respondent intends to list additional actions or proceedings in his or her Response, he shall submit the list in the form of an exhibit attached to the Response, which exhibit shall be placed in the file for the action
The list of related Family Law actions must identify each case’s style, number, state, county, court, nature, and current status.
Court's wording
(b) The list required under clause (i) of subparagraph (a) above shall contain the style of the case, the case number, the state, county and court in which the action proceeded, and a brief statement of the nature of the action and its current status.
If a listed action involves a domestic-violence allegation addressed by a court order, a copy of that order must be submitted with the Petition or Response as an exhibit under paragraph 3.
Court's wording
If the list includes an action involving an allegation of domestic violence in which an order addressing the allegation was entered by a court, a copy of the court order shall be submitted with the Petition or Response in the form of an exhibit in accordance with paragraph 3 below, the provisions of which shall apply.
If upon receipt of the Petition, the Respondent knows of an action or procceding that should be listed in the Petition in accordance with this rule but is not, the Respondent shall list such action in the Response with the information specified below.
The list of related non-court proceedings must identify each proceeding by its style or equivalent references, any agency case number, county of initiation, nature, and status.
Court's wording
(c) The list required under clause (ii) of subparagraph (a) above shall contain the style of the proceeding, or such equivalent references as would enable the proceeding to be identified, an agency case number, if any, the county in which the proceeding was initiated, and a brief statement of its nature and status.
A party moving for a temporary or final child support order must submit a completed AOC-152 form if applicable.
Court's wording
In all Family Law actions in which a party moves the Court for a temporary or final order of child support, the party so moving the Court shall submit to the Court a completed form AOC-152, "Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employees," if applicable.
An order or judgment directing the Master Commissioner to sell property or execute or deliver a deed must include the specified property, interest-holder, and title-source information.
Court's wording
Any order or judgment directing the Master Commissioner to sell property, or to execute or deliver a deed, shall contain (i) the legal description of the property, including a physical address, or if it has no physical address, a brief description of its location and size; (ii) the name(s) of the person(s) whose interest is being sold or conveyed; (iii) and the source of the person's title, including, if applicable, a deed book citation, and the date of the deed and the recording of the deed.
Before conducting a sale, the Master Commissioner shall advertise it in a newspaper meeting the qualifications of KRS 424.120, and include the time, terms, and place of sale, together with a description of the property to be sold.
If a statute or court order requires an appraisal, the Master Commissioner must arrange for two qualified, unrelated appraisers to be sworn, and their written appraisals must be filed of record with the Clerk.
Court's wording
If required by statute or order of the Court, the Master Commissioner, before making a sale of real property, shall have the property appraised by two intelligent, disinterested housekeepers of Bell County, who shall not be related to the parties to the action. Before conducting their appraisals, the appraisers shall be swor by the Master Commissioner. The appraisers shall return their appraisals in writing to the Master Commissioner, who shall file the appraisals of record with the Bell Circuit Court Clerk.
Upon confirmation of a judicial sale, a proposed order confirming the sale, with an appropriate number of copies, shall be submitted to the Court.
Objections to a judicial sale must state their grounds with specificity.
Court's wording
All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity.
After the completion of a sale, the Master Commissioner shall report any actions by filing of record with the Bell Circuit Court Clerk a Report of Sale and Costs of Sale.
If an objection is filed of record within the prescribed period, confirmation shall occur only upon order of the Court after resolution of any objections.
If property to be sold is withdrawn from sale, or if the property owner has filcd for relief in bankruptcy, the judicial sale shall be cancelled and the Commissioner shall give notice of cancellation of sale.
If disbursements are to be made to a taxing authority, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner.
If funds requiring distribution are held by the Master Commissioner, he shall submit a proposed Order of Distribution to the Court, describing all amounts collected, and identifying the proper recipients) and the specific amounts to be distributed to the recipient(s) in accordance with the order of judgment of the Court.
If the Master Commissioner has spent money pursuing a sale before its timely cancellation, he must file a Report of Sale and Costs of Sale Upon Cancellation and may request reimbursement in it.
Court's wording
If the Master Commissioner, prior to the timely cancellation of a sale, has expended sums in furtherance of the sale, he shall file of record with the Bell Circuit Court Clerk a Report of Sale and Costs of Sale Upon Cancellation, and may therein petition the Court for reimbursement for sums expended from the appropriate party.
If all parties conclude before mediation begins that mediation is no longer practicable or preferable, they must jointly file a Motion to Cancel Mediation with the Clerk and notice it for a hearing.
Court's wording
If mediation is ordered in an action, and thereafter, but before the beginning of mediation, it appears to all the parties that mediation is no longer practicable or preferable, the parties shall jointly file of record with the Bell Circuit Court Clerk a Motion to Cancel Mediation, such to be noticed for a hearing at the convenience of the Court.
When ordered mediation is delayed beyond 90 days, the parties must file a Notice of Delay in Mediation stating the reasons and certifying whether they are or will be making reasonable efforts to reschedule.
Court's wording
If mediation is ordered in an action, and it is delayed beyond the ninety (90) day period described in paragraph 1 above, the parties, jointly or by designation, shall file of record with the Bell Circuit Court Clerk a Notice of Delay in Mediation, which shall specify the reason(s) for the delay, and shall certify whether the parties are, or will be, making reasonable efforts to pursue the rescheduling of mediation.
designation, shall file of record with the Bell Circuit Court Clerk a Notice of Resolution, which shall certify that all issues have been resolved and that there is no need for the action to proceed further in court on the substantive issues.
All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memoranda or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments.
A discovery-order motion concerning discovery requests, answers, or documentary items must attach the relevant materials as an exhibit, except for submissions of agreed orders for approval.
Court's wording
When a motion for a discovery order concerns discovery requests or answers thereto, or documentary items, a copy of the requests, answers, or documentary items about which the motion pertains shall be attached to the motion in the form of an exhibit. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.
A discovery-order motion must be accompanied by moving counsel’s certificate that the required good-faith conferral and efforts to resolve the dispute occurred; agreed-order submissions are exempt.
Court's wording
No motions for orders pertaining to discovery shall be filed of record with the Bell Circuit Court Clerk unless accompanied by a certificate of moving counsel that counsel or the parties involved in the discovery matter have conferred, and are unable to reconcile their differences, and that counsel or the parties have otherwise exhausted all extrajudicial means in a good faith effort to reconcile their differences. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.
Settling parties must jointly file a Notice of Settlement; if the settlement resolves only some issues, the notice must identify the issues not settled, but need not disclose settlement terms.
Court's wording
If at any time some or all of the parties to an action reach a settlement agreement with regard to any or all of the issues presented in that action, the parties shall jointly file of record with the Bell Circuit Court Clerk a Notice of Settlement. If all of the issues between the settling parties are resolved by the settlement, the Notice of Settlement need not state the particular issues that are subject to the settlement. However, if less than all of the issues between the settling parties are resolved by the settlement, the Notice of Settlement shall state the particular issues that are not subject to the settlement. The settling parties shall not be required to state the terms of the settlement agreement.
If the parties agree to waive such requirement in regard to all, or a predetermined set of, court events, the parties shall file their agreement of record with the Bell Circuit Court Clerk. However, if the parties so agree in regard to a single, particular court event, the agreement need not be filed of record.
If an unserved warrant is to be recalled, the motion must specify good cause for the defendant’s failure to appear and include supporting evidence.
Court's wording
If a warrant for the arrest of a defendant has been issued and has not been served, counsel for the defendant may file of record with the Bell Circuit Court Clerk a motion to recall the warrant, which shall state with specificity good cause for the defendant's failure to appear, and which shall be accompanied with sufficient evidence thereof.
A transport order must include the defendant’s name, the transporting authority, the origin and destination facility addresses, and the event’s date, time, and nature; it must also include a return instruction if appropriate.
Court's wording
The order shall include the following information: (i) the name of the defendant; (ii) the designation of the authority responsible for transporting the defendant; (iii) the physical address of the facility from which, and to which, the defendant is to be transported; (iv) the date, time, and nature of the court event for which the defendant is to be transported; and (v) an instruction, if appropriate, that the defendant shall be returned upon conclusion of the court event for which the defendant is to be transported.
Counsel representing a defendant who will appeal a conviction may withdraw after trial only with the Court’s permission, which requires preparation and filing of the listed appeal documents, including the specified documents if appropriate.
Court's wording
After a trial, counsel shall not, without permission of the Court, withdraw from the representation of a defendant who will appeal a judgment of conviction. Permission shall not be granted unless counsel has prepared and filed the following: (i) a notice of appeal pursuant to RCr. 12.04; (ii) if appropriate, a motion to proceed in forma pauperis, accompanied by an affidavit and proposed order; (il) if appropriate, a proposed order substituting the Department for Public Advocacy as counsel on appeal; and (iv) a designation of record on appeal.
A defendant seeking to plead guilty must complete the appropriate AOC-491 or AOC-491.2 form.
Court's wording
If a defendant desires to enter a plea of guilty, the defendant shall complete a form AOC-491, "Motion to Enter Guilty Plea," or AOC-491.2, "Motion to Enter Guilty Plea Pursuant to North Carolina v. Alford," whichever is appropriate.
An installment payment plan, if permitted, must specify the number and timing of payments and, if payments go to someone other than the Bell Circuit Court Clerk, the recipient; the request must be by motion noticed for hearing.
Court's wording
2. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court establish an installment payment plan for the payment of any monetary obligations, which plan, if permitted, shall specify at minimum the number of payments to be made, the times or intervals at which they are to be made, and, if other than the Bell Circuit Court Clerk, the person to whom payments are to be made. Any request for the cstablishment of an installment payment plan shall be by motion, which shall be noticed for a hearing at the convenience of the Court.
A motion to excuse monetary obligations must be noticed for hearing and state the specific legal grounds, with necessary factual information and documentary evidence.
Court's wording
Any request for the excusal of monetary obligations shall be by motion, which shall be noticed for a hearing at the convenience of the Court. The motion shall state with specificity the legal grounds pursuant to which the defendant makes his motion, and shall include any necessary factual information and documentary evidence.
A defendant may challenge all or part of the order of garnishment by filing of record with the Bell Circuit Court Clerk a motion to challenge garnishment and accompanying affidavit.
The defendant must receive and acknowledge BCRP Form 1 by signing and dating it, then return the completed form to the Clerk for filing in the case record.
Court's wording
Upon conviction, and before the date of sentencing, counsel for a defendant, or if a defendant is unrepresented, the Bell Circuit Court Clerk, shall provide to the defendant a copy of BCRP Form 1, "Notice of Action Upon Failure to Satisfy Monetary Obligations," the reading of which the defendant shall acknowledge by affixing his signature thereto along with the date of signature. The defendant shall return to the Bell Circuit Court Clerk the completed form, which shall be filed of record in the action in which the defendant was convicted.
shall contain sufficient information for the order to properly identify all garnishees.
A person desiring to view such a record shall submit a request to do so in writing to the Court, which request shall state the purpose of the request, and shall specifically indicate that the portion of the video record being requested is an in-chambers interview with a child.
A person desiring to view such a record shall file of record with the Bell Circuit Court Clerk a motion requesting an appropriate order, which shall be served upon all parties, including any guardian ad litem, and shall state the purpose of the request.
A lien or lien release filed with the Bell County Court Clerk must also be filed with the Bell Circuit Court Clerk for a notice to be placed in the case record.
Court's wording
Any lien created pursuant to KRS 532.164, as well as an release of such a lien, filed with the Bell County Court Clerk shall also be filed with the Bell Circuit Court Clerk, who shall place a notice of the filing or release of the lien in the record for the action giving rise to the judgment that created the lien.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
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.
The reviewing judge must identify in the petition’s Court Action section whether the action is under KRS Chapter 403 or Chapter 456.
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.
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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
C. The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .
The information and documentation required by paragraph 2 above may be included in or with the Petition itself, or, upon the election of the Petitioner, may be submitted in the form of an exhibit attached to the Petition.
Filing & Service rules
Electronic Filing Rules
Motions must have an original filed with the Clerk, although a movant may submit one by fax or email; the original must follow within three business days.
An original of all motions shall bc filed of record with the Bell Circuit Court Clerk. A movant may submit a motion by fax or email to the Bell Circuit Court Clerk, who shall accept same and mark the motion as filed. However, the original motion must be filed within three (3) business days of the receipt of the faxed or emailed copy.
Page 12 | Rule 206. Motion Practice, 2. Manner of Filing and Service of Motions
Filing Timing and Cure Windows
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 15 days before trial.
After indictment in circuit court, and no later than Fifteen (15) 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 3 | III. Procedure
An objection to a continuance must be filed of record within five days thereafter.
If another party objects to a continuance, he shall file of record such objection within five (5) days thereafter.
Page 11 | Rule 205. Trials, 2. Continuances
A faxed or emailed motion is considered filed of record on the date the copy is received and marked filed.
The original shall be attached to the faxed or emailed copy and shall be considered filed of record as of the date the faxed or emailed copy was received and marked as filed.
Page 12 | Rule 206. Motion Practice, 2. Manner of Filing and Service of Motions
1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.
1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.
Page 12 | Rule 206. Motion Practice, 1. Timing of Filing and Service of Motions
Unless the parties agree otherwise, the specified civil-action motions, motions to dismiss, CR 12.02 motions, and merits motions must be filed with the Clerk no later than ten calendar days before the noticed hearing.
Unless otherwise agreed upon by the parties, (i) all motions filed of record in a civil action described in FCRPP 1(2), (ii) all motions to dismiss, (iii) all motions made pursuant to CR 12.02, and (iv) all motions going to the merits of the case, including but not limited to motions for judgment on the pleadings and motions for summary judgment, shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than ten (10) calendar days before the date on which the motion is noticed to be heard.
Page 12 | Rule 206. Motion Practice, 1. Timing of Filing and Service of Motions
The original motion must be filed within three business days after the faxed or emailed copy is received.
However, the original motion must be filed within three (3) business days of the receipt of the faxed or emailed copy.
Page 12 | Rule 206. Motion Practice, 2. Manner of Filing and Service of Motions
Unless the Court allows otherwise, all responsive filings must be filed no later than two calendar days before the motion hearing.
Unless otherwise allowed by the Court, all responsive filings shall be filed of record no later than two (2) calendar days before the date on which the motion is to be heard.
Page 13 | 5. Responsive Filings
A party may retrieve their exhibit within five days after an order granting removal; otherwise, the Clerk must destroy it.
A party may retrieve the exhibit(s) submitted by him or her within five (5) days after the entry of an order granting removal; otherwise, the Bell Circuit Court Clerk shall destroy the exhibit(s).
Page 17
Motions pendente lite must be filed before the case management conference for hearing there; they may not be filed more than 30 days after the conference absent a court order based on good cause.
The parties shall, in accordance with the provisions of Rule 206 above, file of record with the Bell Circuit Court Clerk any motions pendente lite before the case management conference, to be heard thereat. A party may petition the Court, on or before the case management conference, for an extension of time to file of record any such motions. However, no motions pendente lite may be filed of record after thirty (30) days from the case management conference, except upon order of the Court based on good cause shown.
Page 18 | Rule 503. Case Management Conference and Motions Pendente Lite
Objections to a judicial sale must be filed with the Bell Circuit Court Clerk within 10 days after the Report of Sale is filed.
All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity.
Page 21 | Rule 703. Report of Sale and Confirmation
A motion requesting action on sale objections must be filed within the same 10-day period that begins when the Report of Sale is filed.
All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity. A motion for action upon any objections shall also be filed of record within the same ten (10) day period, and may be noticed for a hearing on the next appropriate motion day, or at the convenience of the Court.
Page 21 | Rule 703. Report of Sale and Confirmation
If no objections are filed, the judicial sale is deemed confirmed after the 10-day period expires.
If no objections are filed of record, the judicial sale shall be deemed confirmed by the Court after the expiration of the ten (10) day period.
Page 21 | Rule 703. Report of Sale and Confirmation
Court-ordered mediation must be scheduled to begin within 90 days after the order, and court proceedings pause until mediation concludes unless the Court orders otherwise.
If mediation is so ordered, it shall be scheduled to begin within ninety (90) days after the entry of the order directing mediation, and no further court proceedings shall be had until the conclusion of mediation or until the Court orders otherwise.
Page 23 | Rule 802. Mediation Ordered by the Court
If the parties do not obtain a new mediation date within 30 days after the 90-day period expires, they must notice the action for a status conference on the next available appropriate motion day.
If a new mediation date is not obtained within the next thirty (30) days following the expiration of the ninety (90) day period described in paragraph 1 above, the parties shall notice the action for a status conference on the next available appropriate motion day.
Page 24 | Rule 802. Mediation Ordered by the Court
The parties must file a Notice of Delay in Mediation when ordered mediation is delayed beyond the 90-day period.
If mediation is ordered in an action, and it is delayed beyond the ninety (90) day period described in paragraph 1 above, the parties, jointly or by designation, shall file of record with the Bell Circuit Court Clerk a Notice of Delay in Mediation, which shall specify the reason(s) for the delay, and shall certify whether the parties are, or will be, making reasonable efforts to pursue the rescheduling of mediation.
Page 24 | Rule 802. Mediation Ordered by the Court
If a defendant is incarcerated outside of Bell County and a court event at which he is required to appear is scheduled in the action against him, the defendant, if the court event is scheduled at the request or notice of the defendant, or the Commonwealth, in all other cases, shall tender to the Court an order directing the appropriate authority to transport the defendant no later than seven (7) days prior to the court event, or as soon as possible after the scheduling of the court event if there are fewer than seven (7) days between the scheduling of the court event and the event itself.
If a defendant is incarcerated outside of Bell County and a court event at which he is required to appear is scheduled in the action against him, the defendant, if the court event is scheduled at the request or notice of the defendant, or the Commonwealth, in all other cases, shall tender to the Court an order directing the appropriate authority to transport the defendant no later than seven (7) days prior to the court event, or as soon as possible after the scheduling of the court event if there are fewer than seven (7) days between the scheduling of the court event and the event itself.
Page 27 | Rule 1003. Transport of Defendants
The Court will not accept a guilty or guilty-but-mentally-ill plea after 3:00 P.M. on the day before trial begins unless good cause for delay is shown.
No plea of guilty, or of guilty but mentally ill, shall be accepted by the Court after 3:00 P.M. the day before the trial is scheduled to begin, except upon good cause shown for delay.
Page 28 | Rule 1201. Entrance of Pleas
Requests for an installment plan or payment deferment must be made before the referenced 15-day period expires; each request must be by motion noticed for hearing.
2. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court establish an installment payment plan for the payment of any monetary obligations, which plan, if permitted, shall specify at minimum the number of payments to be made, the times or intervals at which they are to be made, and, if other than the Bell Circuit Court Clerk, the person to whom payments are to be made. Any request for the cstablishment of an installment payment plan shall be by motion, which shall be noticed for a hearing at the convenience of the Court. 3. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court defer payment of such monetary obligations to a future date. Any request for a deferment shall be by motion, which shall be noticed for a hearing at the convenience of the Court. If the defendant's request is granted, a show cause date shall be scheduled by the Bell Circuit Court Clerk, by which date either full payment or the first payment under an installment payment plan will be made.
Page 29 | Rule 1302. Payment of Monetary Obligations
A defendant seeking to excuse all or part of assessed monetary obligations must make the request before entry of final judgment.
At any time prior to the entry of final judgment, a defendant who is convicted and against whom monetary obligations are assessed may request that the Court excuse all or part of those monetary obligations.
Page 30 | Rule 1303. Excusal of Monetary Obligations
Counsel or, for an unrepresented defendant, the Clerk must provide BCRP Form 1 before sentencing.
Upon conviction, and before the date of sentencing, counsel for a defendant, or if a defendant is unrepresented, the Bell Circuit Court Clerk, shall provide to the defendant a copy of BCRP Form 1
Page 31 | Rule 1305. Information on Collection of Monetary Obligations
A hearing on a garnishment challenge must be scheduled within ten days after the motion and accompanying affidavit are filed of record.
If such a motion with accompanying affidavit is filed of record, it shall be scheduled for a hearing thereon within ten (10) days of filing.
Page 31 | Criminal Garnishment
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 37 | 1. Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 37 | 1. Uniform Protocol for Handling Cases
If a movant fails to comply with the motion timing requirements, the Court may pass the motion to the next appropriate motion day or a time agreed upon by the parties.
If a movant fails to comply with the provisions of this paragraph, the motion may, in the discretion of the Court, be passed to the next appropriate motion day, or to a time agreed upon by the parties.
Page 12 | Rule 206. Motion Practice, 1. Timing of Filing and Service of Motions
If the Court takes a matter under submission, any party may submit a proposed order or judgment within ten days of the hearing.
If the Court takes a matter under submission, all parties may submit proposed orders or judgments within ten (10) days of the hearing.
Page 14 | Rule 209. Entry of Orders and Judgments
After 35 days from entry of a final order, and if no notice of appeal has been tendered, any party may request an order to remove the specified exhibits from the file.
After thirty-five (35) days from the entry of a final order in the Bell Circuit Court action, and provided no notice of appeal has been tendered to the Bell Circuit Court Clerk, any party may request an order directing the Bell Circuit Court Clerk to remove from the file any exhibits containing information required by paragraph 2 above.
Page 17
A criminal garnishment motion may be made any time after the monetary obligation is due.
A motion for a criminal garnishment order may be made at any time after the day on which the monetary obligation became due, and shall contain sufficient information for the order to properly identify all garnishees.
Page 32 | Rule 1308. Criminal Garnishment
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 37 | 1. Uniform Protocol for Handling Cases
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 available. or trial commissioner unless impossible due to no judge or trial commissioner being
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge available. or trial commissioner unless impossible due to no judge or trial commissioner being
Page 2 | Uniform Protocol for Handling Cases, F
A party may request to modify its proposed jury instructions before the Court rules on the final instructions.
However, a party may request to modify its proposed jury instructions at any time before the Court rules upon the final instructions to be submitted to the jury.
Page 12 | Rule 205. Trials, 3. Jury Instructions
Agreed orders, decrees, and judgments may be submitted at any time and do not need to be noticed for a hearing.
Agreed orders, decrees or judgments may be submitted to the Court at any time and need not be noticed for a hearing.
Page 14 | Rule 208. Agreed Orders
Service and Proof of Service Rules
Unless the Court orders otherwise, parties must tender proposed jury instructions to one another at least two days before the jury is expected to receive them.
3. Jury Instructions. (a) Unless the Court orders otherwise, the parties shall tender to the Court and to one another any proposed jury instructions at least two (2) days prior to the day on which it is expected the jury will receive instructions.
Page 11 | Rule 205. Trials, 3. Jury Instructions
Unless the parties agree otherwise, the specified civil-action motions, motions to dismiss, CR 12.02 motions, and merits motions must be served on all other parties no later than ten calendar days before the noticed hearing.
Unless otherwise agreed upon by the parties, (i) all motions filed of record in a civil action described in FCRPP 1(2), (ii) all motions to dismiss, (iii) all motions made pursuant to CR 12.02, and (iv) all motions going to the merits of the case, including but not limited to motions for judgment on the pleadings and motions for summary judgment, shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than ten (10) calendar days before the date on which the motion is noticed to be heard.
Page 12 | Rule 206. Motion Practice, 1. Timing of Filing and Service of Motions
1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.
1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.
Page 12 | Rule 206. Motion Practice, 1. Timing of Filing and Service of Motions
All motions must be served on the other parties by both mail and facsimile transfer.
All motions shall be served upon other parties by both mail and facsimile transfer.
Page 13
The Report of Sale must be distributed to all parties.
The Report of Sale shall be distributed to all parties.
Page 21 | Rule 703. Report of Sale and Confirmation
A copy of the final order confirming the sale must be served on the purchaser.
A copy of the final order of confirmation shall be served upon the purchaser.
Page 21 | Rule 703. Report of Sale and Confirmation
If the defendant was represented by the Department for Public Advocacy, notice must be served on that agency even if its representation has ended.
If the defendant was represented by the Department for Public Advocacy, notice shall be served upon that agency though its representation of the defendant may otherwise have concluded.
Page 31 | Criminal Garnishment
The motion seeking access to a confidential-proceeding video must be served on all parties, including any guardian ad litem.
A person desiring to view such a record shall file of record with the Bell Circuit Court Clerk a motion requesting an appropriate order, which shall be served upon all parties, including any guardian ad litem, and shall state the purpose of the request.
Page 32 | RULE 15: COURT RECORDS; Rule 1502. Video Records of Confidential Proceedings
Notice of a criminal garnishment motion must be served on the defendant or the attorney who principally represented the defendant during the action.
Notice that such a motion is being made shall be served upon the defendant, or upon the attorney who principally represented the defendant during the pendency of the action against
Page 32 | Rule 1308. Criminal Garnishment
Filing Fees and Waivers
The Master Commissioner is entitled to the fees established in Part IV of the Administrative Procedures of the Court of Justice.
The Master Commissioner shall be entitled to those fees set forth in Part IV of the Administrative Procedures of the Court of Justice.
Page 22 | Rule 706. Master Commissioner's Fee
If a sale is cancelled through no fault of the Master Commissioner, the fee is 50% of the proposed sale fee based on appraised value or $400, whichever is greater, unless an objection is filed or no appraisal exists, in which case the Court sets a reasonable fee.
If a judicial sale is cancelled due to no fault of the Master Commissioner, he shall receive a fee of fifty percent (50%) of the proposed judicial sale fee based upon the appraised value of the property, or $400, whichever is greater, unless an objection thereto is filed of record with the Bell Circuit Court Clerk. If an objection is made, or if there is no appraisal of the property, the Court shall determine a reasonable fee.
Page 22 | Rule 706. Master Commissioner's Fee
If a judicial sale occurs but is not confirmed, the Master Commissioner is entitled to the sale fee.
If a judicial sale occurs, but it is not confirmed, the Master Commissioner shall receive the sale fee.
Page 22 | Rule 706. Master Commissioner's Fee
Courtesy Copy Requirements
A copy of each motion, including its memoranda, exhibits, and other addenda, must be forwarded to the Court no later than the date the motion is filed with the Clerk.
A copy of all motions filed of record with the Bell Circuit Court Clerk shall be forwarded to the Court no later than the date on which the motion is filed of record. The copy shall include all memoranda, exhibits, and other addenda filed of record along with the motion.
Page 14 | 6. Courtesy Copies
A copy of each responsive filing, including its memoranda, exhibits, and other addenda, must be forwarded to the Court no later than the filing’s due date.
A copy of all responsive filings filed of record with the Bell Circuit Court Clerk shall be forwarded to the Court no later than the date on which the responsive filing is due under paragraph 5 above. The copy shall include all memoranda, exhibits, and other addenda filed of record along with the responsive filing.
Page 14 | 6. Courtesy Copies
Sealing & Redaction Procedures
If submitted in the form of an exhibit, and if the Petitioner so requests, the Bell Circuit Court Clerk shall place the exhibit in the file for the action as a sealed document, which shall not be accessible by non-parties without an order of the Court.
If submitted in the form of an exhibit, and if the Petitioner so requests, the Bell Circuit Court Clerk shall place the exhibit in the file for the action as a sealed document, which shall not be accessible by non-parties without an order of the Court.
Page 16 | Rule 5: Domestic Relations Practice, Rule 501. Pleadings
Non-parties may not access the sealed document without a court order.
as a sealed document not accessible by non-parties without an order of the Court.
Page 17
For covered documents and exhibits, parties must file a redacted copy and a sealed unredacted copy; the specified AOC-031 form must also be sealed, sealed materials have restricted access absent a court order, and the requirements do not apply to actions confidential by statute.
1. Except as provided in paragraph 2 below, where personal identifiers are required by statute or are otherwise contained in documents or exhibits filed of record with the Bell Circuit Court Clerk, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal identifiers have been redacted and one unredacted copy in a scaled envelope marked "Sealed Pursuant to CR 7.03(1)." If the Bell Circuit Court Clerk files of record in an action a form AOC-031, "Notice of Firearm Prohibitions," it shall be placed in the record in a sealed envelope marked, "Sealed Pursuant to CR 7.03(1)." Any documents) sealed under this rule shall not be accessed by any person other than a party, an attorney of record for a party, a judge, court personnel, or a duly authorized employee or agent of the Cabinet for Heath and Family Services involved in matters attendant to the action, except upon specific order of the Court. 2. The provisions of paragraph 1 shall not be applicable to actions that are confidential by statute.
Page 31 | RULE 14: PERSONAL IENTIFIERS; Rule 1402. Protection of Personal Identifiers
The Clerk must not release a video record or copy of an in-chambers interview with a child unless the Court specifically orders otherwise.
Unless the Court specifically orders otherwise, the Bell Circuit Court Clerk shall not release a video record of an in-chambers interview with a child, or a copy thereof.
Page 32 | RULE 15: COURT RECORDS; Rule 1501. Video Records of Interviews with Children
The Clerk must not release a video record or copy of a confidential proceeding unless the Court specifically orders otherwise.
Unless the Court specifically orders otherwise, the Bell Circuit Court Clerk shall not release a video record of a confidential proceeding, or a copy thereof.
Page 32 | RULE 15: COURT RECORDS; Rule 1502. Video Records of Confidential Proceedings
Pre-Motion Conference Requirements
A status quo order requires a motion and hearing; the motion may be filed with the Petition or later, and the hearing must be noticed for the next appropriate motion day after 20 days from service of process.
No status quo order shall be issued by the Court without a motion for such and a hearing thereon in compliance with FCRPP 2(5). Notwithstanding the provisions of Rule 206(1)(b) above, a motion for a status quo order may be filed of record contemporaneously with the Petition or at any time thereafter. The hearing on such motion shall be noticed for the next appropriate motion day following the expiration of twenty (20) days from the service of process in the action.
Page 17 | Rule 502. Status Quo Orders
Unless the Court orders otherwise, Family Law actions must have an in-court case management conference within 20 days after the Respondent appears; the parties must discuss the listed topics, and the parties and counsel must attend.
1. Case Management Conference. (a) Pursuant to FCRPP 2(6), unless otherwise ordered by the Court, all Family Law actions shall be scheduled for a case management conference in court no later than twenty (20) days from the entry of appearance of the Respondent, by Response or otherwise. If possible, the case management conference shall be scheduled for the first Family Law motion day falling within that twenty-day period. (b) At the case management conference, the parties shall discuss with the Court, inter alia, the possibility of mediation, the objectives of the parties, the most expeditious course toward the final resolution of the matters involved in the action, and any court dates that the parties reasonably foresee will be necessary. (c) Unless otherwise ordered by the Court, the parties as well as counsel shall attend the case management conference.
Page 17 | Rule 503. Case Management Conference and Motions Pendente Lite
Before filing a discovery-order motion, counsel or the parties must confer in good faith, be unable to resolve their differences, and exhaust extrajudicial means; agreed-order submissions are exempt.
No motions for orders pertaining to discovery shall be filed of record with the Bell Circuit Court Clerk unless accompanied by a certificate of moving counsel that counsel or the parties involved in the discovery matter have conferred, and are unable to reconcile their differences, and that counsel or the parties have otherwise exhausted all extrajudicial means in a good faith effort to reconcile their differences. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.
Page 25 | Rule 902. Motions for Discovery Orders
Unless the Court orders otherwise, parties may—but are not required to—file replies or surreplies; filings beyond a surreply require leave of Court.
Unless otherwise ordered by the Court, a party may file of record responsive filings in the nature of a reply or surreply, however such shall not be required. No responsive filings beyond those in the nature of a surreply shall be permitted without leave of Court.
Page 13 | 5. Responsive Filings
Rule 503 does not apply to uncontested dissolution of marriage and property division actions.
This rule shall not apply to the dissolution of marriage and property division actions that are uncontested.
Page 18 | Rule 503. Case Management Conference and Motions Pendente Lite
The parties may mediate during the action but not before the case management conference unless the Court orders otherwise; at that conference, the Court may order mediation if practicable and preferable.
2. The parties may voluntarily engage in mediation at any time during the pendency of an action, except that in no case shall mediation be undertaken prior to the case management conference, unless the Court orders otherwise. 3. The Court will inquire into the practicability and preferability of mediation at the case management conference, and if it is practicable and preferable, the Court may order mediation as authorized by FCRPP 2(6).
Page 18 | Rule 504. Mediation in Family Law Actions
Adjournment & Extension Requirements
A party may seek a continuance by filing a motion with the Clerk before ten days prior to trial, stating the reasons and noticing it for a hearing at the Court’s convenience.
Any party may file of record with the Bell Circuit Court Clerk a motion for a continuance at any time before ten (10) days prior to trial. Such a motion shall be noticed for a hearing at the convenience of the Court, and shall state the reason(s) for the requested continuance.
Page 11 | Rule 205. Trials, 2. Continuances
However, no motion made after ten (10) days before the trial shall be granted except in cases of substantial necessity.
However, no motion made after ten (10) days before the trial shall be granted except in cases of substantial necessity.
Page 11 | Rule 205. Trials, 2. Continuances
An opposing party may request an extension for its responsive memorandum by oral or written motion and for good cause; if granted, failure to meet the extended deadline is not grounds for granting the motion.
A party opposing a motion may request of the Court, by oral or written motion, and for good cause shown, an extension of time to file of record a responsive memorandum as described in subparagraph (a) above. If such an extension is granted, failure to file of record a responsive memorandum in accordance with this subparagraph shall not be grounds for granting of the motion.
Page 13 | 5. Responsive Filings
A defendant may request a deferment of payment to a future date before the referenced 15-day period expires, by motion noticed for hearing; if granted, payment or the first installment is due by the scheduled show-cause date.
3. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court defer payment of such monetary obligations to a future date. Any request for a deferment shall be by motion, which shall be noticed for a hearing at the convenience of the Court. If the defendant's request is granted, a show cause date shall be scheduled by the Bell Circuit Court Clerk, by which date either full payment or the first payment under an installment payment plan will be made.
Page 29 | Rule 1302. Payment of Monetary Obligations
Except in cases of substantial necessity, court costs, fees, and other reimbursements to the Court cannot be deferred or extended beyond one year after sentencing.
6. Notwithstanding any other provision of this rule, (i) except in cases of substantial necessity the full payment of court costs, fees, or other reimbursements to the Court shall not be deferred or extended beyond one (1) year after the day of sentencing;
Page 30 | Rule 1302. Payment of Monetary Obligations
A defendant may request an extension of up to 30 days before payment is due, but an installment-plan payment cannot be extended beyond the next installment date; the request must be by motion noticed for hearing.
4. Prior to the date on which any money obligations, or a part thereof, are to become due, a defendant may request an extension of time of up to thirty (30) days to satisfy such monetary obligations or parts thereof. However, if the Court has established an installment payment plan for a monetary obligation, payment shall not be extended beyond the date of the next installment. Any request for an extension shall be by motion, which shall be noticed for a hearing at the convenience of the Court.
Page 30 | Rule 1302. Payment of Monetary Obligations
A party may make an oral continuance motion at a scheduled court appearance before trial or during trial.
Oral motions for a continuance may be made at any scheduled court appearance preceding the trial, or during the trial.
Page 11 | Rule 205. Trials, 2. Continuances
A party may petition for an extension of time to file motions pendente lite on or before the case management conference.
A party may petition the Court, on or before the case management conference, for an extension of time to file of record any such motions.
Page 18 | Rule 503. Case Management Conference and Motions Pendente Lite
A party may move for an extension of time to begin mediation upon showing good cause.
Any party may move the Court for an extension of time to begin mediation for good cause shown.
Page 23 | Rule 802. Mediation Ordered by the Court
The Court may not modify restitution payment terms imposed under a plea agreement with the Commonwealth.
6. Notwithstanding any other provision of this rule, (i) except in cases of substantial necessity the full payment of court costs, fees, or other reimbursements to the Court shall not be deferred or extended beyond one (1) year after the day of sentencing; and (ii) if the terms of the payment of restitution are imposed pursuant to a plea agreement with the Commonwealth, the terms of that agreement will not be modified by the Court.
Page 30 | Rule 1302. Payment of Monetary Obligations
Chambers Communication Rules
A party wishing to use Court equipment during a proceeding must notify the Court at least 24 hours in advance and identify the equipment and its intended purpose.
If a party to any action desires to make use of the Court's equipment, including electronic equipment, during any court proceeding, that party shall provide the Court at least twenty-four (24) hours notice of the desire to do so and specify to the Court the equipment of which the party desires to make use and the intended purpose for such use.
Page 6 | Rule 106. Use of Equipment During Court Proceedings
A party expecting to need Court personnel to ready, place, or operate equipment must notify the Court at least 24 hours in advance.
If a party to any action expects to require the aid of Court personnel in the readying, placement, or operation of the Court's equipment or the party's own equipment, that party shall provide at least twenty-four (24) hours notice to the Court of such expectation.
Page 7
The parties must inform the Court of the mediation outcome when mediation concludes.
Upon the conclusion of mediation, the parties shall inform the Court of the outcome.
Page 24 | Rule 805. Action upon Conclusion of Mediation
Before making a recommendation, the Commonwealth must have a criminal-record check made by calling Pretrial Services at AOC.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . KRS 533 .252 .
Criminal cases
Page 4 | III. Procedure
Parties expecting to mediate voluntarily must notify the Court jointly or by designation as soon as possible.
If the parties expect to do so, they shall notify the Court, jointly or by designation, of such expectation as soon as possible.
Page 23 | Rule 801. Voluntary Mediation
Petitioners seeking contempt proceedings should contact the Bell Circuit Court Clerk, who will set a hearing on the next available protective-order docket.
B. Petitioners seeking to initiate contempt proceedings should contact: The Office of the Bell Circuit Court Clerk, who will set the matter for a hearing on the next available domestic violence or interpersonal protective order docket.
Page 39 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Bell Circuit Court Clerk’s Office to arrange a hearing on the next available docket.
B. Petitioners seeking to initiate contempt proceedings should contact: The Office of the Bell Circuit Court Clerk, who will set the matter for a hearing on the next available domestic violence or interpersonal protective order docket.
Page 4 | Contempt Proceedings