Bourbon County Circuit Court, Kentucky

Faxed or emailed pleadings and other documents are not accepted or considered filed, except for documents that may be heard ex parte, emergency orders, or as otherwise provided by the stated rules.

1. Faxed or emailed pleadings or other documents, other than one which may be heard ex parte or are emergency orders, shall not be accepted by the Circuit Clerk, shall not be placed in the Court record, and shall not be considered timely or properly filed, unless otherwise provided in these rules, the FCRPP, or the Kentucky Rules of Civil Procedure.

Page 5 | RULE 2 / 204 Pleadings Generally / A. Electronic Filing or Service

Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court. An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.

Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court. An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.

Page 12 | XIV. SUBMISSION OF MATTERS

An eligible person may apply for a Pretrial Diversion Order after indictment, but must apply no later than 45 days before trial.

After indictment in Circuit Court, and no later than 45 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 | III. Procedure

Unless a rule or statute allows otherwise, motions must be filed and served no later than close of business 10 days before the scheduled motion date, and responses must be filed and served no later than close of business 3 days before that date.

A. Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.

Page 4 | RULE 2 / 203 Deadlines for Serving and Filing Motions

The notice of related cases must be filed at the same time as the initiating pleading.

A. At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.

Page 4 | 105 Related Cases

The Court, juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before a proceeding or hearing.

At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents.

Page 21 | 803 Court Procedures B

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

Page 23 | 905 Military Attorney

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. KRS 403.730, KRS 456.040.

Page 26 | Uniform Protocol for Handling Cases

Protective-order hearings must be scheduled so they can be held within 14 days of filing.

The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.

Page 28 | III. Assignment of Cases

When a case is transferred before a protective order is entered, the emergency protective order continues and the initiating court reissues the summons for no more than 14 days if service has not been made, or for the period the court finds necessary to protect the petitioner; afterward, summonses are reissued as needed in the transferee court.

In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740 (4), for à period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transter.

Page 1 | Uniform Protocol for Handling Cases

During regular business hours, the authorized agency or officer must file a petition with the Circuit Court Clerk in the county where it is filed upon receipt.

Upon receipt of a petition during regular business hours the authorized agency/officer shall file the petition with the Circuit Court Clerk in the county where the petition is being filed.

Page 2 | Twenty-four Hour Accessibility

A petition must be reviewed within one hour after presentation to a judge or trial commissioner unless their unavailability makes that impossible.

Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.

Page 2 | Twenty-four Hour Accessibility

A motion filed electronically or through a physical drop box after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.

Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.

Page 8 | VI. MOTIONS AND MOTIONS DOCKET

Notice must be filed or a request made before 4:00 p.m. at least one week before the motion-hour designation for a motion or action to be placed on the docket.

No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.

Page 9 | IV. MOTION HOUR — Civil Motion Hour

A motion response must be filed by the time specified in the hearing notice.

Such response shall be filed at or before the time specified in the notice of hearing of the motion.

Page 9 | IV. MOTION HOUR — Civil Motion Hour

When attorneys must prepare and submit the pretrial order, it is due no later than ten days after the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES

No further pleadings, proof, or briefs may be filed after submission unless the Court orders or allows them for good cause.

No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.

Page 12 | XIV. SUBMISSION OF MATTERS

Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

Page 15 | XX. PLEA AGREEMENTS

The plea-entry motion must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

Page 15 | XX. PLEA AGREEMENTS

When applicable, the felony-diversion motion and proposed order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

Page 15 | XX. PLEA AGREEMENTS

The Court may not take a plea unless the proper paperwork has been filed in the record by the time the plea is taken.

The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.

Page 16 | XX. PLEA AGREEMENTS

The Master Commissioner must file the written, signed appraisal in the court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

Page 21 | G. Terms and Conditions of Sale

The Master Commissioner must sell the property within 90 days after the referral order, except that vacant and abandoned property is sold under KRS 426.205.

The Master Commissioner shall sell the property in a reasonable time not to exceed 90 days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205.

Page 21 | G. Terms and Conditions of Sale

Motions for distribution must be filed within ten days after the Report of Sale or Cancelled Sale is filed and noticed at the Court’s convenience.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.

Page 23 | H. Motions for Distribution

The Master Commissioner must report the actions taken at the sale to the Court within three business days after the sale.

The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.

Page 23 | J. Confirmation of Report of Sale

The Plaintiff or moving party must submit the confirmation order, sufficient copies, and prepaid envelopes to the Master Commissioner within twenty days after the Report of Sale is filed; the Commissioner submits it with the deed for Court approval and entry.

an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

Page 23 | J. Confirmation of Report of Sale

The sale is deemed confirmed ten days after the report is filed if no exceptions have been filed, without a motion.

Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed

Page 23 | J. Confirmation of Report of Sale

If the Plaintiff or moving party fails to submit the confirmation order within twenty days after filing of the Report of Sale, the Master Commissioner must stop additional interest from accruing on the Judgment effective that same twenty-day point.

In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.

Page 24 | J. Confirmation of Report of Sale

The required eligibility materials must be submitted before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.

Criminal cases

Page 7 | Eligibility for Mental Health Court

The Circuit Clerk must enter the document into the record upon receipt of the return card.

receipt of the return card, the Circuit Clerk shall enter this document into the record.

Page 7 | Filing procedure

An agreed order resolving a docketed motion must be submitted to the Circuit Clerk before the docket call for counsel to be excused from attending the call.

If an agreed order relating to a motion on the docket, signed by counsel for all parties affected or a party if unrepresented, is submitted to the Circuit Clerk prior to the call of the docket, counsel need not attend the call of the docket.

Page 9 | 207 Orders

The Court sets final-hearing notice timing at its convenience, except that an uncontested adoption hearing must be held within 30 days after the request is filed unless required documents have not been filed.

A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.

Page 10 | RULE 3 ADOPTIONS / TERMINATION OF PARENTAL RIGHTS, 301 Petition

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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 26 | Uniform Protocol for Handling Cases

The Court may void a person's participation in pretrial diversion after a hearing with notice to the Commonwealth and the defendant, upon a showing of noncompliance or unsatisfactory progress.

A. After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

Criminal cases

Page 4 | V. Voiding of a Diversion Order

Unless a rule or statute allows otherwise, motions must be served no later than close of business 10 days before the scheduled motion date, and responses must be served no later than close of business 3 days before that date.

A. Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.

Page 4 | RULE 2 / 203 Deadlines for Serving and Filing Motions

Parents or custodians named in Juvenile Division actions must be served as required by CR 5.02 or the applicable statute or rule.

Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.

Page 5 | RULE 2 / 204 Pleadings Generally / A. Electronic Filing or Service

The separate notice accepting fax or email service must be served on all parties.

3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties.

Page 5 | RULE 2 / 204 Pleadings Generally / A. Electronic Filing or Service

When service is required, fax or email service is permitted if the attorney or party consents in writing; service is complete upon mailing or electronic transmission, but electronic transmission is ineffective if the serving party learns it did not reach the person served.

2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.

Page 5 | RULE 2 / 204 Pleadings Generally / A. Electronic Filing or Service

The required certification must state that the motion and its attachments, or the filed document, have been properly served on all parties.

No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties.

Page 7 | Filing procedure

When service is by certified mail, the completed certified-mail cards and return receipts must accompany the filing, and the return card must bear the Circuit Clerk's address.

Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.

Page 7 | Filing procedure

Written motions other than those that may be heard ex parte, and the listed papers, must be served on each party except parties in default for failure to appear.

every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear.

Page 7 | Filing procedure

All docketed motions must be noticed to the child's foster parents, if any, and to any pre-adoptive parent or relative providing care for the child.

Pursuant to 42 U.S.C. 675(5) and 45 CFR § 1356.21(o), all motions set on the court docket shall be noticed to the foster parents, if any, of the child and any pre-adoptive parent or relative providing care for the child.

Page 8 | 206 Motions

Docketed motions must be properly noticed and filed with the Circuit Clerk, and copies must be served on all parties or their attorneys of record, including intervening parties or their attorneys.

All docketed motions shall be properly noticed and filed with the Circuit Clerk and copies served on all parties or their attorneys of record, including intervening parties or their attorney.

Page 8 | 206 Motions

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

Page 9 | 208 Post-Judgments

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

Page 10 | 208 Post-Judgments

After the final-hearing date is set, the petitioner must serve notice on all necessary parties, including the GAL, at least 10 days before the hearing unless a stated exception applies.

After the Court provides a final hearing date, the petitioner, pursuant to KRS 199.515, shall serve notice of the final hearing upon all necessary parties including the GAL at least 10 days in advance thereof, unless such parties have answered and agreed to the adoption or have failed to answer and the time for answering has expired or have waived, in writing, notice of the hearing.

Page 10 | RULE 3 ADOPTIONS / TERMINATION OF PARENTAL RIGHTS, 301 Petition

When a private citizen obtains an Emergency Custody Order, the Circuit Clerk must fax a copy to the local CHFS office.

If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office.

Page 14 | 601 Procedure for Emergency Custody Orders

When an Emergency Custody Order request is denied, the Circuit Clerk must place the specified papers in the existing or newly opened file and send the listed hearing documents to petition-listed parents or custodians for whom an address is provided.

If the request for an ECO is denied, and a court file already exists regarding the child involved, the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file with a new trailer number. If the petition refers to a child with no previous DNA action in this jurisdiction, a new court file shall be opened by the Circuit Clerk and the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file. The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.

Page 14 | 601 Procedure for Emergency Custody Orders

If an Emergency Custody Order is entered, the Circuit Clerk must attach the listed forms and documents to the hearing notice and summons and serve them on the listed parents or custodians for whom an address is provided.

Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided.

Page 14 | 601 Procedure for Emergency Custody Orders

The Circuit Clerk must notify CHFS, the County Attorney, and attorneys of record of the temporary removal hearing’s date and time.

The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.

Page 14 | 601 Procedure for Emergency Custody Orders

After the hearing, the petitioner must continue diligently locating parties and provide updated addresses so the clerk can send summonses and forms to those not served.

C. The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served.

Page 15 | 603 Service

Motions on the DNA docket must be noticed to foster and specified other caregivers, and CHFS must provide their address so the clerk can send the notice.

D. Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre- adoptive parents or relatives providing care for the child. The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings. The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.

Page 15 | Rule 6

The petitioner must provide the Circuit Clerk with correct addresses needed to serve all proper parties under the civil rules.

B. It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.

Page 15 | 603 Service

Cabinet reports must be served on the appropriate attorney by email or fax at least three days before the motion docket.

All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket.

Page 15 | 603 Service

If a maintenance or child-support Pendente Lite motion is filed before the FCRPP 2(3) timeframes expire, the parties must exchange disclosure statements before the motion is called.

If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion.

Page 16 | 701 Required Case Information

The parties must exchange a Preliminary Verified Disclosure Statement within 45 days after the petition is filed.

A. Pursuant to FCRPP 2(3), a Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition

Page 16 | 701 Required Case Information

Objections to the disclosure statement must be exchanged 20 days thereafter and may not be filed in the court record unless the Court orders otherwise.

and objections thereto shall be exchanged 20 days thereafter and shall not be filed in the court record unless ordered by the Court.

Page 16 | 701 Required Case Information

The parties must complete and exchange Form AOC-238 within 45 days after the petition is filed, exchange objections 20 days thereafter, and not file objections unless the Court orders it.

A. Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition, and objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

Page 19 | 705 Mandatory Disclosure Forms

The written motion requesting an order must be served with notice to all parties, including the child's Guardian ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the portion of the video record being requested and the specific purpose for the request.

Page 22 | 902 Requests for Confidential Video Records A

Written motions other than those heard ex parte, and their hearing notices, must be served at least one week before the hearing unless a different period is set by the Civil Rules, statute, or court order.

Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order.

Page 8 | VI. MOTIONS AND MOTIONS DOCKET

After an order or judgment is signed, preparing counsel must deliver it and enough copies with addressed, stamped envelopes to the Clerk for required service, unless counsel waives service or opts for electronic service; copies and envelopes are unnecessary for parties opting for electronic service.

When signed by the judge, the order or judgment shall be delivered to the Clerk for entry. The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04. Counsel may waive service of any order or judgment and notice of entry or may opt for electronic service. Envelopes and copies shall not be necessary for parties who have opted for electronic service.

Page 11 | Orders

Except in rocket-docket cases, the Commonwealth must provide all available discovery to defense counsel by the first post-arraignment status conference.

With the exception of cases on the Court’s “rocket docket”, all available discovery from the Commonwealth shall be provided to counsel for the defendant on or before the first status conference post arraignment.

Page 14 | XVIII. STATUS CONFERENCES

The Commonwealth must provide all available discovery, including exculpatory discovery not yet provided, at least one week before mediation.

The Commonwealth shall provide any available discovery not yet provided, to include any exculpatory discovery, at least one (1) week prior to the date of the mediation.

Page 15 | XIX. FELONY MEDIATION

Motions in limine and witness and exhibit lists must be exchanged by the date of the final pretrial conference.

All motions in limine, witness and exhibit lists shall be exchanged on or before the date of the final pretrial conference.

Page 16 | XXI. TRIALS

All discovery intended for trial must be provided by the date of the final pretrial conference.

All discovery to be used at the trial of the matter shall be provided on or before the date of the final pretrial conference.

Page 16 | XXI. TRIALS

A copy of the confirmation order must be served on the purchaser of the real property.

A copy of the order of confirmation shall be served upon the purchaser of the real property.

Page 23 | J. Confirmation of Report of Sale

After setting the hearing time and place, the Master Commissioner must give written notice to the parties.

When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.

Page 28 | XXVI. Writ of Possession and Attachment Procedure

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Voluntary Termination

The circuit clerk must serve the notice of termination on the parties, their attorneys, and probation and parole.

The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Involuntary Termination from Mental Health Court

If the respondent remains unserved, service attempts must continue as provided by statute, and each later summons must include a copy of the petition until initial service is accomplished.

In cases where the respondent is unserved, attempts to serve shall continue as provided in statute and the Circuit Clerk shall attach a copy of the petition to each subsequent summons issued for respondent until initial service is accomplished.

Page 7 | 205 Petitions

When the Court places the matter on the docket, the Cabinet must give the Circuit Clerk the parents' or custodians' address, and the Clerk must send a court notice containing the required qualifying language.

Where the matter is placed on the docket by the Court, the Cabinet for Health and Family Services shall provide an address for said parents/custodians to the Circuit Clerk who shall cause a court notice with the qualifying language to be sent out.

Page 8 | 206 Motions

Notice of a protection order may be given by personal service or oral presentation by a peace officer or the Court, and the order becomes effective and binding on the respondent at that time.

Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.

Page 10 | 401(E)

The Court may proceed with a Temporary Removal Hearing without service on a parent or custodian if the record establishes timely diligent service efforts.

A. The Court may permit the Temporary Removal Hearing to go forward when the parent or person exercising custodial control has not been served if it is established on the record that the petitioner has made diligent efforts to serve all parties in time to permit them to prepare for and participate in the hearing.

Page 15 | 603 Service

The agency must provide reports to the Court and counsel by email or facsimile when a correct address is available, and must provide a paper copy to the court file and counsel by the time the matter is called if the report was served electronically.

The agency assigned to prepare the report shall provide a copy of the report to the Court and agency has served the report by electronic means, the agency shall provide a paper copy counsel via email or facsimile if a correct address has been provided to the agency. If the to the court file and counsel no later than the time the matter is called on the docket.

Page 21 | 803 Court Procedures B

When service of a pleading is required, the opposing party need not respond until a referenced exhibit that was not filed and served is filed and a copy is provided to the opposing party or counsel.

If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.

Page 12 | XIII. EXHIBITS TO PLEADINGS

Electronic service is the preferred method for reports required to be filed in Family Court Juvenile Division actions.

4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports.

Page 5 | RULE 2 / 204 Pleadings Generally / A. Electronic Filing or Service

Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

Page 13 | 504 Child Custody and Visitation in a Paternity Action

The $50 reopening fee does not apply to Title IV-D child-support modification or enforcement motions, but applies to later custody or visitation motions brought by private counsel or a pro se party unless the motion is in forma pauperis.

Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding custody and visitation are brought by a private attorney or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.

Page 13 | 505 Reopening Fee

When submitting an order or judgment requiring advertisement, the submitting party must deposit the Master Commissioner's estimated advertising and/or appraisal costs for each property before a sale is scheduled or advertising or appraisal occurs.

When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.

Page 20 | F. Deposit for Advertisement and Appraisal

A fee payable to the Circuit Court Clerk must accompany bonds submitted for signature and approval.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

Page 24 | K. 4.11 Bond

A $50 fee is assessed for each approval of an Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, or Notice of Sale.

A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.

Page 25

All cancelled sale fees must be paid and an Order of Distribution entered before setting a new sale date or dismissing the case.

All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.

Page 25

A withdrawn sale incurs a fee based on the appraisal-value sale fee or $400, whichever is greater, subject to a $2,500 cap except for additional properties, parcels, or judgments.

If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.

Page 25

The Master Commissioner may recover necessary direct sale expenses, a deposit sufficient to cover sale costs must be paid, and expenses already incurred are not refunded if the sale is withdrawn.

In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession. As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. If a sale is withdrawn, incurred expenses will not be refunded.

Page 25

A sale withdrawn before appraisal incurs a $400 fee, unless the court approves another amount up to $2,500 upon good cause shown by proper motion.

If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.

Page 25

A fee of $650 is assessed for each additional property, parcel, or judgment.

property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.

Page 25

A $50 fee is charged for drafting and executing any necessary deed or title.

Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.

Page 26

If a property is not sold within six months of its last appraisal filed of record, a new Order of Referral and JSAF must be paid before filing a motion to reschedule or, without a motion, before rescheduling the sale.

For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

Page 26

When paying out money or settling estates, the Master Commissioner or Receiver assesses 3% on the first $2,000, 2½% on the next $3,000, and 1½% on the excess over $5,000.

The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates: 3% of the first $2,000 2 ½% for the next $3,000 1 ½% for the excess over $5,000

Page 26

In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the required JSAF, a separate JSAF is required for each property, and the fee is not due until a Motion for Judgment and Order of Sale is filed.

In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee. In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property. The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action.

Page 26

The Clerk will not accept a Motion for Judgment and Order of Sale for filing until the JSAF and Order of Referral are received.

The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.

Page 26

A $50 fee is charged for each report and recommendation prepared on a tendered foreclosure judgment in an uncontested mortgage or lien enforcement case.

A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien.

Page 26

For other hearings without a sale, settlement, or receivership, fees are $60 per hour in quarter-hour increments and are due to the Master Commissioner on the fifth working day after the hearing concludes.

For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments. These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 27

The fee is capped at $5,000.

The fee shall never exceed $5,000.

Page 27

Hearing fees are capped at $600 per case, regardless of the number or length of hearings, unless the Circuit Judge recommends and the Chief Judge approves an increase based on extraordinary circumstances shown.

No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

Page 27

A fee is assessed for a Master Commissioner’s hearing and report in a possessory or attachment matter under KRS Chapter 425 and must be paid before the hearing.

When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

Page 27

For real estate sales requiring an appraisal, each appraiser’s fee is $150, unless the Court orders otherwise, and is paid from the sale proceeds.

In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale.

Page 27 | M. Appraiser’s Fees

When an auctioneer is ordered for a real estate sale, the Court determines the fee, which may not exceed 6% of the sale price and is paid from the sale proceeds.

In all sales of real estate where an auctioneer is ordered, the fee for the auctioneer shall be determined by the Court, which sum shall not exceed six percent (6%) of the sale price. The fee shall be paid from the proceeds of the sale.

Page 28 | N. Auctioneer’s Fees

Apportion the total advertising cost among the cases covered by the advertisement.

The total cost of advertising shall be apportioned among each of the various cases to which the advertisement applies.

Page 20 | F. Deposit for Advertisement and Appraisal

A withdrawn sale rescheduled more than six months after the last sale date is treated as a new referral for sale.

Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.”

Page 26

No additional $200 JSAF is charged when a judicial sale withdrawn before its sale date is rescheduled within six months of the previous sale date.

For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged.

Page 26

Amounts exempt from creditors are excluded when computing the fee for settling insolvent estate accounts.

For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors.

Page 27

Master Commissioner fees are governed by the fee schedule in Part IV of the Administrative Procedures of the Court of Justice, including amendments.

The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.

Page 27

If a case is reopened, additional fees of up to $200 may be assessed, subject to a possible increase recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

Page 27

The fee is not assessed when a sale fee is assessed.

The fee shall not be assessed if a sale fee is assessed.

Page 27

For court-ordered appraisals of personal property, the Court fixes each appraiser’s fee based on evidence it may require about the property and the appraisal work involved.

In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.

Page 28 | M. Appraiser’s Fees

The Circuit Clerk must provide a free copy of the Emergency Custody Order when a person granted emergency custody appears in person and requests one.

If the person(s) to whom emergency custody has been granted appears in person in the Circuit Clerk's office and requests a copy of the ECO, the Circuit Clerk shall provide a copy at no cost.

Page 14 | 601 Procedure for Emergency Custody Orders

For an appraisal of commercial industrial real estate or multiple parcels in a court-ordered real estate sale, the Court may authorize an additional appraisal fee by order based on the time, labor, and skill involved.

In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.

Page 28 | M. Appraiser’s Fees

A courtesy copy of a motion set to be heard at the court’s convenience must be provided to the presiding judge when the motion is filed.

A courtesy copy of any motion set to be heard at the convenience of the court shall be provided to the presiding judge at the time of filing.

Page 9 | IV. MOTION HOUR — Civil Motion Hour

Submit a copy of each proposed judgment or order set for a court hearing to the Master Commissioner at least seven days before the hearing date.

A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.

Page 19

Adoption proceeding files and records may be inspected only by the specified parties and representatives unless the Family Court expressly permits inspection by order.

Pursuant to KRS 199.570(1)(a), the files and records of the Court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings, their attorneys, and representatives of the Cabinet for Health and Family Services acting in their official capacity without order of the Family Court expressly permitting inspection.

Page 10 | H

The petitioner’s and any minor child’s addresses must not be made available to the public or the respondent, though CHFS representatives may access them when investigating a pending case.

Pursuant to KRS 403.770(1) the petitioner's address and the address of any minor child shall not be made available to the public, or to the person or persons named as the respondent in the protection order. Representatives of the CHFS may have access if investigating a pending case.

Page 10 | 401(D)

The Circuit Clerk must seal specified temporary custody orders and background checks, limit inspection to the stated persons, and allow official Cabinet representatives access.

Temporary Custody Orders granted pursuant to KRS 199.473(7) and accompanying background checks shall be sealed by the Circuit Clerk and not opened to inspection by persons other than the parties to such proceedings and their counsel or by court order. Representatives of the Cabinet for Health and Family Services acting in their official capacity shall not be denied access.

Page 10 | RULE 3 ADOPTIONS / TERMINATION OF PARENTAL RIGHTS, 301 Petition

After final judgment in an adoption case, the Circuit Clerk must seal all case papers and records in an envelope, and they may be inspected only by written court order.

Pursuant to KRS 199.570(1)(b), upon the entry of the final judgment in the case, the Circuit Clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person except on written order of the Court.

Page 10 | H

Access to an unredacted sealed copy containing personal identifiers is restricted to the listed authorized persons.

The Circuit Clerk shall only permit access to the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the Court.

Page 21 | 901 Protections of Personal Identifiers A

When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.

Where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.

Page 21 | 901 Protections of Personal Identifiers A

The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a Family Court Judge.

The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a Family Court Judge.

Page 22 | 902 Requests for Confidential Video Records A

Qualifying public officers and employees may use or distribute the information only for investigating or prosecuting offenses under Kentucky law.

Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

Page 22 | 902 Requests for Confidential Video Records B

Documents in a participant's Mental Health Court case file must remain confidential and may not be released.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released.

Criminal cases

Page 12 | Confidentiality

Mental Health Court documents other than those listed for filing with the clerk must be kept confidential and under seal.

All other Mental Health Court documents shall be kept confidential and under seal:

Criminal cases

Page 12 | Filing of Mental Health Court Documents

Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted, and access is governed by the cited rules and statutes.

Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

Page 22 | 901 Protections of Personal Identifiers B

The written-order restriction in Rule 902(A) does not apply to qualifying public officers or employees when they certify their investigative or prosecutorial role.

Pursuant to KRS 610.340(2), Rule 902(A) shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee.

Page 22 | 902 Requests for Confidential Video Records B

Before filing a motion other than an Ex Parte Motion, the attorney or party must make reasonable efforts to contact opposing counsel to agree on a docket date; if no date is agreed, the moving attorney may set the matter except for emergency or statutory-deadline matters.

Any attorney or party prior to filing any Motion, except an Ex Parte Motion, shall make reasonable efforts to contact opposing counsel to obtain an agreeable date on which to set the matter on the motion docket. In the event the attorneys cannot agree upon a date for said motion, other than one of an emergency nature or which may be required by statute to have a ruling within a set time, the moving attorney may set the matter on the motion docket.

Page 7 | 206 Motions

A motion to compel discovery, for a protective order, or for sanctions under CR 26 or CR 37 may be filed only if counsel cannot resolve the dispute after a good-faith effort to do so.

A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 or CR 37 only if counsel are unable to resolve the dispute between them. Counsel or party has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.

Page 8 | 206 Motions

A pretrial conference must be scheduled before a case is set for trial or the specified motions, but the requirement may be waived if the respondent cannot be located or fails to appear.

No case shall be scheduled on the regular Family Court docket for trial, motion for judgment on the pleadings, motion for summary judgment, or motion for an original child support order without first scheduling a pretrial conference. This rule may be waived if the respondent is unable to be located or fails to appear at said pretrial conference.

Page 13 | Rule 5

Only motions for a hearing date in adoptions and emergency motions may be docketed at the Court's convenience.

Only motions for hearing date in adoptions and emergency motions shall be docketed at the convenience of the Court.

Page 8 | 206 Motions

Parties may submit an agreed Paternity/Child Support order off-docket without a pretrial conference, but must notify CHFS before submission if it is a party or providing benefits.

Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.

Page 13 | Rule 5

A party may seek a jury-trial continuance after the final pretrial conference only by demonstrating extraordinary circumstances that may cause unjust hardship; a previously undisclosed or undiscovered scheduling conflict does not qualify.

No continuance of a jury trial may be sought after the date of the final pretrial conference unless a party can demonstrate extraordinary circumstances which may result in an unjust hardship to the moving party. A scheduling conflict not previously disclosed or discerned is not an extraordinary circumstance.

Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES

The response deadline may be extended for good cause shown.

Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.

Page 9 | IV. MOTION HOUR — Civil Motion Hour

The court may extend the sale deadline by up to 30 days upon motion and a showing of good cause.

Upon motion and good cause shown, the court may extend the deadline established by this subsection for a period not to exceed 30 days.

Page 22 | G. Terms and Conditions of Sale

Before making a recommendation, the Commonwealth must obtain a 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. KRS 533 .252

Criminal cases

Page 3 | III. Procedure

Upon receipt, the Clerk or designee must present the petition to the on-call District Court Judge or Trial Commissioner, then follow the stated sequence of available judges if the on-call official is unavailable or outside the county.

Upon receipt the Circuit Court Clerk or designee shall present the petition to the on-call District Court Judge or Trial Commissioner or, in the event the on-call District Court Judge or Trial Commissioner is not in the county or is unavailable, the petition may then be presented to any District Court Judge or Trial Commissioner or, if not available, then the Circuit Judge of Family Court, or if not available, then to either Circuit Judge.

Page 2 | Twenty-four Hour Accessibility

After regular business hours, the authorized agency or officer must present the petition to the on-call District Court Judge or Trial Commissioner, or follow the stated sequence of available judges if that official is unavailable.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the on-call District Court Judge or Trial Commissioner or, in the event the on-call District Court Judge or Trial Commissioner is unavailable, the petition may then be presented to any District Court Judge or Trial Commissioner or, if not available, then to the Circuit Judge of Family Court, or if not available, then to either Circuit Judge.

Page 2 | Twenty-four Hour Accessibility

When mediation resolves a matter on the Court’s trial calendar, counsel must notify the Court in writing as soon as possible.

If an agreement is reached at mediation that resolves the matter and that matter is on the Court’s trial calendar, at the earliest possible convenience, counsel shall notify the Court in writing that the matter has resolved and may be removed from the Court’s trial calendar.

Page 13 | F. REPORT TO THE COURT

An attorney requesting a hearing must notify the Master Commissioner’s office; the Master Commissioner then sets the hearing time and place and gives written notice to the parties.

When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.

Page 28 | XXVI. Writ of Possession and Attachment Procedure

Requests for ex parte relief or temporary restraining orders, along with the record, must be delivered immediately to the Master Commissioner by the Circuit Court Clerk or the attorney seeking relief.

Requests for Ex Parte and Temporary Restraining Orders shall be immediately delivered to the Master Commissioner, along with the record, by the Circuit Court Clerk or the attorney requesting relief.

Page 28 | XXVI. Writ of Possession and Attachment Procedure

Counsel and parties must check the website or consult the Circuit Clerk to determine the appropriate time and place for a motion docket.

It is the responsibility of counsel and parties to check the website or with the Circuit Clerk to determine the appropriate time and place for any motion docket.

Page 5 | RULE 2 / 203 Deadlines for Serving and Filing Motions

An Emergency Custody Order (hereinafter ECO) as set forth in FCRPP 18 and 19 may be obtained during normal working hours; persons seeking an ECO shall come to the Circuit Clerk's Office where a petition form and affidavit form shall be provided upon request, at

An Emergency Custody Order (hereinafter ECO) as set forth in FCRPP 18 and 19 may be obtained during normal working hours; persons seeking an ECO shall come to the Circuit Clerk's Office where a petition form and affidavit form shall be provided upon request, at

Page 14 | 601 Procedure for Emergency Custody Orders

Parties must contact the Family Court Office to remove pending hearings concerning resolved issues.

The parties shall have the affirmative duty to contact the Family Court Office and remove any pending hearings concerning resolved issues.

Page 17 | 703 Mediation

Petitioners seeking to initiate a criminal complaint for violating a protection order should contact law enforcement or the County Attorney's office in the county that issued the order.

Petitioners seeking to initiate a criminal complaint for violation of a protection order should contact law enforcement or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.

Page 2 | Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county that issued the protective order.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the Emergency Protective Order or Domestic Violence Order was issued.

Page 2 | Contempt Proceedings

Call the clerk for dates and times for Dependency/Neglect/Abuse matters in Family Court Division IV.

Dependency/Neglect/Abuse- Call Clerk for information on dates and times.

Page 1 | Family Court

Call or visit the clerk’s office to access case records.

Call or visit the office to access case records.

Page 1 | Requesting Court Case Records

The motion and holiday schedules may be requested from the Circuit Clerk or Family Court Office, viewed on the website, or sent by email to attorneys who provided an email address.

The motion docket schedule and the holiday schedule is available upon request to the Circuit Clerk, the Family Court Office, on the Family Court website and via email transmission to attorneys who have provided an email address to the Family Court Office.

Page 4 | RULE 2 / 201 Regular Motion Hour Schedule

Schedule modifications may be made at the Family Court Judge’s discretion and will be made available as soon as practicable in the same manner as the regular schedule.

From time to time schedule modifications may be made at the discretion of the Family Court Judge and such changes will be made available as soon as practicable in the same manner set forth herein.

Page 4 | RULE 2 / 202 Exceptions to Regular Motion Hour

The Court will try to provide the order copy at the conclusion of the proceeding, and attorneys are expected to request one from the clerk if it is not provided.

The Court will strive to provide copies at the conclusion of proceeding in which the motion is called and attorneys are expected to know that this is the practice of the Court and request a copy of the calendar sheet or docket sheet order if one is not provided by the clerk.

Page 9 | 207 Orders

In forma pauperis motion forms are available by requesting them from the Circuit Clerk.

In forma pauperis motion forms shall be available upon request to the Circuit Clerk.

Page 14 | 505 Reopening Fee

For civil contempt proceedings, Petitioners should contact the Circuit Clerk's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.

For civil contempt proceedings, Petitioners should contact the Circuit Clerk's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.

Page 28 | IV. Contempt Proceedings

Petitioners pursuing a criminal complaint for violation of a protective order should contact law enforcement or the County Attorney’s office in the county where the order was issued.

For criminal complaints for violation of a protective order, Petitioners should contact law enforcement or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence order was issued.

Page 28 | IV. Contempt Proceedings

The courtesy copy may be emailed to the presiding judge’s staff attorney or administrative assistant.

This may be accomplished via email to the presiding judge’s staff attorney or administrative assistant.

Page 9 | IV. MOTION HOUR — Civil Motion Hour