Boone Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Document, Written Exhibit
- 1 copy • At Commencement of Civil Trial or Pretrial Preceding Commencement
Emergency Hearing Motions, Ex Parte Motions
- Upon Filing
Adjournments
- Motions filed less than seven days before the hearing may be denied as deficient or continued to a date more than seven days after filing, absent party agreement, FCRPP or statutory authorization, or good cause.
- Parties may extend time by agreed order on an individual case-by-case basis, subject to court-established deadlines; an opposed extension request must be made by motion stating the reasons for the extension.
- After the Court sets a case for trial in reliance on the Certification of Readiness, it may continue the case only in exceptional circumstances.
Request must include
Communication
Phone
Fax
Phone
Chambers
Phone
Clerk
Document Format Requirements9 rules
Only originals of briefs, pleadings and memoranda shall be filed in the court record, except upon order of the Court or by agreement of the parties filed in the court record. Failure to provide original briefs, pleadings and memoranda for the court record may result in them being stricken from the record.
Exhibits and other material intended for use at a civil trial must be clearly and concisely marked for identification without obscuring or hindering relevant information.
Court's wording
All exhibits and material intended to be used during a civil trial shall be marked for identification purposes in a clear and concise fashion as herein described and additionally said markings shall not obscure nor hinder any relevant written or pictographic information contained on the exhibit itself.
Proposed exhibits, including those appended to requests for admission, interrogatories and depositions, as well as those to be utilized during trial, shall be uniformly identified during all phases of the case.
Unless the Court orders or directs otherwise, exhibits must use the specified party-based prefixes and sequential numbering, with the relevant individual’s surname or corporate name included in cases involving multiple plaintiffs or defendants.
Court's wording
Unless otherwise ordered or directed by the Court, all exhibits shall be marked for identification purposes as follows: - 1. Joint exhibits shall be identified by the prefix (JX) and shall be sequentially numbered; - 2. Plaintiff's exhibits shall be identified by the prefix (PX) and shall be sequentially numbered; - 3. Defendants exhibits shall be identified by the prefix (DX) and shall be sequentially numbered; - 4. Third-party exhibits shall be identified by the prefix (TPX) and shall be sequentially numbered; - 5. In all proceedings involving multiple plaintiffs or multiple defendants, the identification assigned each exhibit shall contain the surname of the individual plaintiff or defendant or the corporate name of the plaintiff or defendant.
All pleadings, briefs, motions and judgments shall be styled as follows: COURT OF JUSTICE – [Insert appropriate county] DISTRICT COURT CIVIL DIVISION ACTION NO. _____
All pleadings and other paper shall be presented to the Court at the scheduled hearing date and shall be in writing, typewritten in black type not smaller than 12 point pursuant to CR 7.02.
- Font size
- At least 12 points
- Pleading
- Other paper
Formatting
- •Use black type
Original of briefs, pleadings and memoranda filed in the Court shall not be withdrawn from the files, except upon order of the Court.
When propounding Interrogatories or Requests for Production or Inspection, the propounder shall leave adequate room for reply between questions or requests.
As many vouchers, etc., as are possible shall be placed on a single page so that the volume of these items may be kept to a minimum. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.
Document Filing Requirements123 rules
If a case is reassigned or transferred, the issuing judge must reissue 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.
Petitions for protection under KRS Chapter 403 or 456 must use form AOC-275.I and be accepted and filed with the court.
Court's wording
- A. All petitions requested, completed and signed by person seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.I, and shall be accepted and filed with the court. KRS 403.725, RRS 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 Judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Family Court Judge on call. If unavailable, then it shall be taken to the District Court Judge who is on call. If unavailable, it shall then be taken to the Circuit Court Judge.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Family Court Judge. If the Family Court Judge is unavailable, then it shall be taken to the District Court Judge or Circuit Court Judge.
Your hearing date will not be confirmed until a motion or notice is filed with the clerk.
*** Motions to Withdraw may be set at the convenience of the Court. Motions to appoint Warning Order Attorneys may be set at the convenience of the Court if accompanied by an affidavit and proposed order.
- Document
- Motion to appoint warning order attorneys
Include
- •Proposed order
The motion shall be filed with the Boone Circuit Clerk with a notice of hearing containing the date, time, and place at which it shall be heard.
All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
The motion shall be filed with the Gallatin Circuit Clerk with a notice of hearing containing the date, time, and place where it shall be heard.
All motions for emergency hearings and ex-parte motions shall be submitted for the judge's review with attached affidavit(s) and a proposed order.
- Document
- Emergency and ex parte motion
Must include
- •Proposed order
The listed Boone County matters must be filed with the county clerk with a hearing notice specifying the hearing date, which the clerk's office provides.
Court's wording
All Boone County juvenile matters (status offense cases and dependency, neglect and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date they will be heard. Said date shall be given by the Boone County Clerk's Office.
The motion shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date it will be heard.
All notice of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
The listed Gallatin County matters must be filed with the county clerk with a hearing notice specifying the hearing date, which the clerk's office provides.
Court's wording
All Gallatin County juvenile matters (status offense cases and dependency, neglect, and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date they will be heard. Said date will be given by the Gallatin County Clerk's Office.
The motion shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date it will be heard.
Persons seeking to file a petition for DNA shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition).
After working hours, affidavits for emergency custody shall be requested through the Cabinet for Health and Family Services (CHFS) and submitted to the Family Court Judge on call or the District Court Judge on call if a Family Court Judge is not available.
During the stated county-specific working hours, ECO applicants must complete the official AOC-DNA-2.1 form at the Circuit Clerk's office and submit the affidavit to the on-call Family Court Judge or, if unavailable, the on-call District Judge.
Court's wording
During normal working hours (8:00 a.m. to 4:00 p.m. in Boone County and 8:30 a.m. to 4:30 p.m. in Gallatin County), Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-2.1 (Emergency Custody Order Affidavit). The affidavit shall then be submitted to an on-call Family Court Judge or an on-call District Judge if a Family Court Judge is not available.
Pursuant to FCRPP 19 the petition for DNA shall be on the AOC-DNA-1 form provided by the Administrative Office of the Courts (AOC). The petition shall be filed with the Family Court Clerk's office.
When the parties agree on all issues and seek a decree without a hearing, a Motion to Submit or Agreed Order to Submit must include a notarized separation agreement settling all issues.
Court's wording
If the parties reach an agreement on all issues and seek the entry of a decree without a hearing per FCRPP 3(1), either party may file a Motion to Submit or an Agreed Order to Submit that contains the following information and attachments: - 1. A notarized separation agreement settling all issues between the parties;
In requesting one of those actions, counsel for a party shall present the facts of the case which support the requested action.
The written deposition must be executed under oath and include the specified information about children and each party's income or earning capacity.
Court's wording
A written deposition executed under oath by either party setting forth testimony required at a hearing and including the following: - a. Whether either party has minor children from another relationship and, if so, the initials and birth years for those children. - b. Each party's monthly gross income or earning capacity.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 and KRS 403.135.
The notarized statement must be signed by both parties and affirm exchange of preliminary disclosures and filing or waiver of final disclosures.
Court's wording
A notarized statement signed by both parties affirming that the parties have exchanged their preliminary verified disclosure statements (AOC-238) and have either filed their final verified disclosure statements (AOC-239) or that they waive such filing.
When referring to minor children in custody, parenting time, and child support actions, only the child's initials shall be disclosed, unless filing in a confidential case.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
A notarized waiver of the right to a hearing executed by the Respondent.
Pro se litigants using the AOC self-help kiosks to generate their divorce documents must also submit a supplemental Joint Affidavit available at the local circuit clerk's office. See Appendix C.
A court-directed tendered order must include an opposing counsel or pro se party acknowledgment signature line; if they do not sign, submitting counsel may describe the effort and refusal or failure, which the Court may accept as sufficient.
Court's wording
Orders tendered at the Court's direction shall include a signature line for the opposing counsel or pro se party to indicate their acknowledgement that the tendered order is consistent with the Court's order. If the opposing counsel or pro se party refuses or otherwise fails to sign the order, the submitting counsel may include a statement regarding the effort made to obtain a signature and the refusal or failure to sign. The Court in its discretion may accept the submitting counsel's statement as sufficient for entry of the order.
A decree shall not be final until the original is signed by the court and entered by the clerk.
A GAL or CAC seeking payment in a dependency, neglect, and abuse case must complete form FINGAL-1 and submit it for the judge's approval.
Court's wording
Any Guardian ad Litem (GAL) or Court Appointed Counsel (CAC) appointed in a dependency, neglect, and abuse case seeking payment shall complete form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.
Unless the Court directs otherwise, the judge's office must prepare the appointment order in a qualifying dissolution or custody case and specify each party's percentage of financial responsibility.
Court's wording
When a GAL for a child or an FOC is appointed in a dissolution of marriage or custody case under KRS Chapter 403, unless otherwise directed by the Court, an Order Appointing a Guardian ad Litem or Order Appointing a Friend of the Court shall be prepared by the judge's office specifying each parties' percentage of financial responsibility.
Motions for compensation shall include the following information: - 1. The hours of service rendered with a brief description of the services rendered; - 2. The reasonableness of the fee requested; and - 3. That the action or proceedings have been concluded.
Any warning order attorney (WOA) appointed in a dependency, neglect, and abuse case seeking payment shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.
In involuntary termination of parental rights cases where the Cabinet for Health and Family Services is the proposed custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).
In voluntary termination of parental rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).
At disposition, a WOA appointed under CR 4.07 in a paternity or child support action must prepare a fee motion accompanied by a tendered order that leaves the awarded fee blank for the judge.
Court's wording
When a WOA is appointed pursuant to CR 4.07 in paternity or child support actions, at the disposition of the case and in accordance with Rule 10.2(D), the WOA shall prepare a motion for attorney's fees. A tendered order shall accompany the motion and said order shall leave a blank for the judge to fill in the awarded fee.
Any WOA seeking payment in excess of the current fee set by the Court, shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.
Motions for excess compensation shall include the following information: - 1. The hours of service rendered with a brief description of the services rendered; - 2. The reasonableness of the fee requested; and - 3. That the action or proceedings have been concluded.
form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.
All petitions requested, completed, and signed by person 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 classify the action in the petition’s “Court Action” section as a domestic violence or interpersonal protective order action.
Court's wording
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons for a time when the matter may be heard by the receiving judge.
The joint affidavit states that the parties exchanged preliminary disclosures and either filed final disclosures or agreed to waive filing them.
Court's wording
5. We affirm that we have exchanged our preliminary verified disclosure statements (AOC-238) and have either: Filed our final verified disclosure statements (AOC-239) on the following date: _____. OR We agree to waive the filing of final verified disclosure statements.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533.250(2) .
The diversion order must include the specified restitution, supervision, duration, and defendant-conduct terms; supervision fees must be at least $25 per month.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . Restitution is mandatory where victim has suffered monetary damage per KRS 533 .254. 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, which are to be no less than $25 .00 per month. 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 .303(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of pretrial diversion. Specifically, direct the defendant to comply with any other provision ofKRS 533 .030 or any other condition the Court deems appropriate.
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).
If the Court accepts the diversion agreement, a finding must be made on the record that the defendant entered the plea and agreement voluntarily, freely, intelligently, and understandingly.
Court's wording
The Court will thereafter advise the parties whether it will accept the diversion agreement. If it is accepted, a specific finding shall be made on the record that the defendant entered the plea and entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
Attorney-signed papers must be signed as required by the Civil Rules and include the attorney’s legible typewritten name, address, Kentucky Bar Association number, party representation, and office telephone number with area code in the signature block.
- Document
- Attorney signed paper
- Placement
- Signature block
Court's wording
All pleadings, motions, appearances, entries of satisfaction, stipulations or any other paper required to be signed by an attorney must be signed as provided for in the CR and this Rule. In addition, the clearly legible typewritten name, address, Kentucky Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.
An attorney of record may seek withdrawal only by written request with client consent and substitute counsel’s appearance, or by written request with notice to the client, good cause, and court consent on terms set by the Court.
Court's wording
An attorney of record shall move for permission to withdraw as counsel for a party only: - 1. Upon his or her written request with the written consent of his or her client and the entry of appearance of a substitute attorney of record, or, - 2. Upon his or her written request with notice to the client and a showing of good cause with the consent of the Court and upon such terms as the Court shall impose.
All motions shall state precisely the relief requested.
Except for routine motions, such as for extensions of time, a supporting memorandum shall accompany each motion. Failure to do so may be grounds for denying the motion.
An opposed motion for an extension of time must be submitted with a tendered order granting the motion.
Court's wording
If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered order granting the motion.
The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
All civil motions, other than one which may be heard ex parte, and all motions to set contested civil actions for trial, shall appear on the Motion Docket.
A request for default judgment must be made by written motion accompanied by an attorney certification that the defaulting party served no papers and a tendered default judgment.
Court's wording
A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certification of the attorney that no papers have been served upon him or her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.
In addition, the filing of a motion to set for trial shall be a "Certification of Readiness" by counsel that the case is ready to proceed to trial in sixty (60) days.
Defenses referred to in CR 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.
Filing & Service rules
Filing Timing and Cure Windows
Except for emergency or ex-parte motions and motions governed by other timeframes, motions must be filed and clocked with the Boone Circuit Clerk by 4:00 p.m. at least seven days before the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone Circuit Clerk's Office no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 8 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
The opponent must be allowed three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 9 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Petitions must be reviewed within an hour of presentation to a judge unless no judge is available.
Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.
Page 16 | I. Uniform Protocol for Processing Cases
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 16 | I. Uniform Protocol for Processing Cases
An eligible person may apply for pretrial diversion after indictment or entry of a criminal information, but must apply no later than 60 days before trial.
After indictment or the entering of a criminal information in Circuit Court, and no later than sixty (60) 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
A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.
The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted.
Page 3 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice – General
Motions noticed for a regular docket must be filed and received by noon on the preceding Thursday for Boone Tuesday dockets and the preceding Monday for Gallatin Friday dockets.
All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the preceding Thursday for call on the Tuesday Motion Docket for Boone and the preceding Monday for call on the Friday Motion Docket for Gallatin.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), B. Motion Days and Motion Practice – Specific
If reasonably anticipated, the relevant portion of an otherwise unfiled document must be filed when it will be used at trial, with the motion, or at the time of appeal.
If a document not filed pursuant to CR. 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appellate purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.
Page 7 | When Documents May Be Filed
Interrogatories and production or inspection requests must not be filed, and requests for admission must not be filed unless the response time has passed or the Court orders otherwise.
Except as herein provided, the following shall not be filed with the Court unless the Court orders otherwise: - a. Interrogatories propounded under CR 33; - b. Requests for Production or Inspection made under CR 34; and - c. Requests for Admission propounded under CR 36 unless the time for filing a response thereto has passed, in which event, counsel may file the original Request for Admission previously served.
Page 7 | Documents Not to Be Filed
An objection to a proposed judgment or order may be based only on nonconformity with the Court's ruling and must be filed as soon as possible; absent an objection, the Court will enter it.
Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible. If no objection is filed, the Court will enter the order or judgment,
Page 9 | RULE 10. JUDGMENT AND ORDERS
In an action that is not dismissed, pre-trial steps must be taken within 30 days or the action will be automatically dismissed.
In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).
Page 10 | RULE 12. DISMISSAL OF CIVIL ACTIONS FOR FAILURE TO PROSECUTE
For a case with no pre-trial step in the last year, the Clerk must give written notice of dismissal in 30 days; the case may be dismissed without prejudice unless good cause is shown or a verified and sufficient answer to the notice is made.
At least once a year, the Clerk shall review all pending actions on the docket. The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if prose, of every case in which no pre-trial step has been taken within the last year that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown. The Court shall enter an Order dismissing each case without prejudice at Plaintiff's cost in which no verified answer or an insufficient answer to the Notice is made. 77.02(2).
Page 10 | RULE 12. DISMISSAL OF CIVIL ACTIONS FOR FAILURE TO PROSECUTE
An appraisal objection and hearing must be arranged before the sale date.
Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.
Page 10 | RULE 15. PRACTICE BEFORE THE MASTER COMMISSIONER
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
Page 23 | RULE 30. Initial Petition and Docketing the Case
In Boone and Gallatin Counties, the petition must be filed with the clerk at least two days before the appointment date.
[Boone and Gallatin Counties – the Petition must be filed with the clerk's office at least two days prior to the appointment date.]
Page 23 | RULE 28. Obtaining a Court Date
All pleadings and other papers must be presented to the Court at the scheduled hearing.
All pleadings and other paper shall be presented to the Court at the scheduled hearing date
Page 24 | RULE 31. Form of Pleadings
A personal representative must file an inventory in duplicate with the Probate clerk within two months after qualifying.
A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.
Page 24 | RULE 35. Inventories
A settlement must be filed with the probate clerk at least 10 days before the confirmation date, except for estates filing an informal settlement under KRS 395.605.
To be confirmed, a settlement must be filed with the probate clerk at least ten (10) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.
Page 25 | RULE 36. Settlements
Service and Proof of Service Rules
The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR § 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 8 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 8 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Unless a trial or hearing order conflicts, parties must exchange exhibits and witness lists at least 72 hours before the hearing; the judge may continue the matter or exclude untimely evidence if they do not.
Absent a conflicting trial/hearing order, the parties shall exchange exhibits and witness lists at least 72 hours in advance of the hearing. Failure to so exchange may result in the continuance of the matter to a later date or the exclusion of untimely exchanged evidence at the discretion of the judge.
Page 10 | 7.01
Briefs, pleadings, and memoranda must include proof of service stating the service date and manner and the names and addresses of counsel and unrepresented parties; ex parte proof may be a service certification or affidavit, and the hearing place must be stated when a party is pro se.
All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service. Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro se.
Page 6 | RULE 6. BRIEFS, PLEADINGS AND MEMORANDA; PROOF OF SERVICE
Ten days must elapse between service of notice that the Report was filed and the hearing or Motion to Confirm the Report.
provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report.
Page 10 | RULE 15. PRACTICE BEFORE THE MASTER COMMISSIONER
Rebutting memorandums must be served within ten days.
Rebutting memorandums must be served within ten (10) days.
Page 12 | RULE 20. MOTIONS – GENERAL
Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.
Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice – General
Filing Fees and Waivers
All required fees must be paid for the initial petition and case docketing.
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
Page 23 | RULE 30. Initial Petition and Docketing the Case
An initial Petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the will and Order admitting same to probate if a will is involved.
An initial Petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the will and Order admitting same to probate if a will is involved.
Page 23 | RULE 29. Initial Petition
If a will is admitted to probate, the petitioner or the petitioner's attorney is responsible for recording the will and order and paying the County Clerk's fees.
The petitioner or his or her attorney shall be responsible for the recording of the will and Order and the fees to the County Clerk if a will is admitted to probate.
Page 24 | RULE 32. Wills
Courtesy Copy Requirements
A courtesy copy must be sent to the judges' office when an emergency-hearing or ex-parte motion is filed.
A courtesy copy must be sent to the judges' office upon filing.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
A copy of each document or written exhibit intended for use at trial must be furnished to the Judge at trial commencement or the preceding pre-trial, unless cause is shown or the Court provides otherwise.
Except upon cause shown or as provided otherwise by the Court, a copy of each document or written exhibit intended to be tendered or entered during trial shall be furnished to the Judge at the commencement of a civil trial or at the pre-trial next preceding the commencement of a civil trial.
Page 9 | E. Copy for Judge
Sealing & Redaction Procedures
Diversion Program records and offense-related statements are privileged and confidential, generally cannot be admitted, discovered, subpoenaed, or released without written consent, subject to stated access and victim-information exceptions.
All records of the Diversion Program, and all statements made by the accused to the diversion officer regarding the offense for which the accused was placed on diversion shall be privileged, shall not be admissible or discoverable for any purpose, shall be exempt from subpoena and shall be deemed confidential except for the program staff, the trial judge, and the chief district judge, for purposes of program review, monitoring and supervision and shall not be released to any other person or entity without prior written consent of the chief district judge and the accused. However, nothing in this paragraph shall be deemed to prohibit release of information to the victim of a crime regarding an accused's participation in the Diversion Program.
Page 17
Mediation-program records are privileged, exempt from subpoena, and confidential, subject to an exception whose text is cut off in the source.
All records of the mediation program shall be privileged and exempt from subpoena and will be deemed confidential except for the program staff and the Chief District
Page 14 | RULE 25 DISTRICT COURT LOCAL RULE FOR MEDIATION UPON CRIMINAL COMPLAINT
Pre-Motion Conference Requirements
Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel, for a protective order, or for sanctions.
Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute may a motion to compel discovery, a motion for a protective order, or a motion for sanctions be filed pursuant to CR 26 and 37.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice – General
Motions outside trial are decided without oral argument unless either party specifically requests it.
Motion, outside of trial, will be decided without oral argument unless oral argument is specifically requested by either party.
Page 12 | RULE 20. MOTIONS – GENERAL
Adjournment & Extension Requirements
Parties may extend time by agreed order on an individual case-by-case basis, subject to court-established deadlines; an opposed extension request must be made by motion stating the reasons for the extension.
Parties may by agreed order extend time limits on an individual case by case method required by the CR or by these rules, subject to any deadline established by the Court. If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered order granting the motion.
Page 3 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice – General
After the Court sets a case for trial in reliance on the Certification of Readiness, it may continue the case only in exceptional circumstances.
Once a case has been set for trial, upon reliance of this "Certification of Readiness," it may be continued by the Court only upon exceptional circumstances.
Page 5 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET)
Motions filed less than seven days before the hearing may be denied as deficient or continued to a date more than seven days after filing, absent party agreement, FCRPP or statutory authorization, or good cause.
All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FCRPP or statute, or good cause shown.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Chambers Communication Rules
Petitioners seeking to initiate contempt proceedings must contact the Family Court Clerks in Boone or Gallatin County, local law enforcement, or the County Attorney’s Office.
Petitioners seeking to initiate contempt proceedings shall contact: Family Court Clerks at Boone or Gallatin counties, local Law Enforcement or the County Attorney's Office.
Page 4 | III. Contempt Proceedings
Motions and Permanent Custody Hearings must be scheduled through the judge's office.
All Motions and Permanent Custody Hearings must be scheduled through the judge's office.
Page 3 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
Hearings may be in person or by Zoom; Zoom requests must be made at least one week before the hearing, agreed to by all parties, and approved by the judge.
In-person or by Zoom: Zoom requests must be made at least one week in advance of hearing, agreed upon by all parties, and approved by the judge.
Page 3 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
You must contact the judge's office to schedule a hearing on this docket, and docket dates may change.
Please note you must contact the judge's office to schedule a hearing on this docket and docket dates are subject to change.
Page 4 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
** All matters MUST be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
** All matters MUST be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
Page 4 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
Except in an emergency, a Zoom appearance must be requested through the judge's office at least one week before the hearing; the available text also begins an agreement condition but is incomplete.
**** Unless there is an emergency, an appearance by Zoom must be requested through the judge's office at least one week in advance of the hearing, agreed
Page 4 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
* Any cases requesting a hearing time longer than thirty minutes will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented and all parties agree.
* Any cases requesting a hearing time longer than thirty minutes will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented and all parties agree.
Page 4 | 2.01 A. Boone/Gallatin Family Court, Division II Case Schedule
Contested domestic relations motions and hearings designated for Boone County Family Court must be scheduled by telephoning the Family Court Judge's office.
- A. All contested domestic relations motions and hearings designated to be heard in the Boone County Family Court shall be set for hearing by telephoning the office of the Family Court Judge.
Page 6 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Except for Thursday DNA cases, DVO/IPOs, and cases involving the Child Support Office, matters must be scheduled through the judge's office or they will be removed from the docket if not scheduled or confirmed there.
** All matters -- except Thursday DNA cases, DVO/IPOs, and cases involving the Child Support Office -- must be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
Page 6 | B. Boone/Gallatin Family Court, Division IV Case Schedule
** Any cases requesting a hearing time longer than two hours will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented by counsel.
** Any cases requesting a hearing time longer than two hours will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented by counsel.
Page 6 | B. Boone/Gallatin Family Court, Division IV Case Schedule
For Division IV, contested domestic-relations motions and hearings assigned to the Gallatin County Family Court must be scheduled by calling the Gallatin County Clerk's Office.
For Division IV, all contested domestic relations motions and hearings designated to be heard before the Gallatin County Family Court shall be set for hearing by telephoning the Gallatin County Clerk's Office.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
For Division II, contested domestic-relations motions and hearings assigned to the Gallatin County Family Court must be scheduled by calling the judge's office.
For Division II, all contested domestic relations motions and hearings designated to be heard before the Gallatin County Family Court shall be set for hearing by telephoning the judge's office to arrange a date.
Page 7 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Gallatin County Family Court paternity or child-support motions must be scheduled by calling the Gallatin County Clerk's Office.
All motions to establish paternity and/or child support in Gallatin County Family Court shall be set for hearing by telephoning the Gallatin County Clerk's Office.
Page 8 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Boone County Family Court paternity or child-support motions must be scheduled by calling the Family Court Judge's office or the Boone County Child Support office.
All motions to establish paternity and/or child support in Boone County Family Court shall be set for hearing by telephoning the office of the Family Court Judge or the Boone County Child Support office.
Page 8 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
Petitioners seeking contempt proceedings must contact a Family Court Clerk, local law enforcement, or the County Attorney’s Office.
Petitioners seeking to initiate contempt proceedings shall contact: Family Court Clerks at Boone or Gallatin counties, local law enforcement, or the County Attorney's Office.
Page 18 | IV. Contempt Proceedings
The Commonwealth must request the criminal record check by calling or faxing Pretrial Services at AOC and must not send the request to the local Pretrial Services Officer.
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 . DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | D
An appointment to probate a will or appoint a personal representative must be obtained from the District Court clerk by phone or in person.
An appointment to probate a will and/or obtaining an appointment of the personal representative shall be obtained from the District Court clerk by phone or in person.
Page 23 | RULE 28. Obtaining a Court Date
A hearing date for an uncontested action may be obtained by telephoning the assigned judge's Chambers.
All uncontested actions (i.e. default judgment damage hearings,) may be set for trial by telephoning the Chambers of the Judge to which the case is assigned to obtain a hearing date.
Page 5 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET)
Attorneys must advise clients and witnesses that discussing pending matters with the Court is improper and that communicating with jurors is prohibited.
- A. Conduct. All attorneys shall advise their clients and witnesses of proper courtroom decorum, including, THE IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT and the statutory prohibition against communicating to jurors. (KRS 29A.310(2)).
Page 11 | RULE 16. COURT DECORUM
If exceptions or objections are filed, the attorneys involved should arrange a hearing date with the Probate Court; this direction does not apply to estates filing an informal settlement under KRS 395.605.
E. If exceptions or objections are filed, the attorneys involved should arrange with the Probate Court for a date when the matter may be heard. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.
Page 25 | RULE 36. Settlements
An attorney in good standing may contact the Boone and Gallatin Clerk's Office to request addition to the warning order attorney list.
To be appointed as a warning order attorney (WOA), any licensed attorney in good standing with the Kentucky Bar Association may contact the Boone and Gallatin Clerk's Office and ask to be added to the list.
Page 12 | 10.1 C. Qualifications for Warning Order Attorneys