Boyle Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Proposed Order, Proposed Judgment
Communication
Phone
Chambers
Document Format Requirements1 rule
All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.
Document Filing Requirements42 rules
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
A diversion order must include the listed restitution, supervision, duration, conduct, testing, weapon, and other conditions, as applicable.
Court's wording
The Order of Diversion shall include.- 1. Restitution, if applicable . [Made mandatory by KRS 533.254 where victim has suffered monetary damage] . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030(1) [conditions of probation- restitution], direct the defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate . 6. That the petitioner remain drug and alcohol free and be subject to random testing . 7 That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility .
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).
Notice of the hearing shall include the date and time for which the motion is set.
The Court requires that only one order be tendered for the Court's signature.
The drafting attorney may submit the order without opposing counsel’s sign-off after receiving no response for at least seven business days, if the order includes the required verification.
Court's wording
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a 'Have Seen' basis before it is submitted to the Court for entry. The Court may not require a 'Have Seen' if the other party is pro se.
Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.
- Document
- Motion
Include
- •Proposed order
The Court may require the petitioner to notify the Cabinet of a termination or adoption petition, and the Court may not hold the final hearing until the Cabinet files its required reports or has had sufficient time to file them and failed to do so.
Court's wording
The Court may require that the Cabinet for Health and Family Services be notified by the Petitioner in any termination of parental rights or adoption proceeding that a petition has been filed so that the Cabinet may comply with the reporting requirements of FCRPP 33(1). Pursuant to FCRPP 33(1), the Court may not proceed with a Final Hearing until such time as the Cabinet has filed their required report(s) or had sufficient time and failed to file same.
The Court requires that a Guardian Ad Litem be appointed for the child or children at issue in every termination of parental rights or adoption proceeding. The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her report.
If counsel needs access to records of other confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents.
Counsel may circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date for the Court’s review. Said order must contain a statement setting forth how the best interests of the child or children is served by the continuance.
Petitions in these cases must substantially comply with requirements to cite the relevant statutes and jurisdictional facts and provide the parents' or guardians' contact information.
Court's wording
Any dependency, neglect, abuse or status offender petition filed with this Court shall substantially comply with the following conditions: - 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and - 2. Contact information of child's parents or guardians.
The original of each filed dependency, neglect, or abuse petition must be filed in the Clerk's Office.
Court's wording
A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.
During the specified working hours, persons seeking an ECO must go to the appropriate District Clerk's Office to complete an ECO Petition and affidavit.
Court's wording
During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ECO affidavit.
If a social worker employed by CHFS is seeking an ECO, the social worker will provide copies to the Court.
If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.
At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12. Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.
If parent education is ordered in a case, the Court may not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record.
Absent such writing; the Court expects the parties to file any and all disclosures as provided by the FCRPP.
If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties’ Decree of Dissolution of Marriage.
FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements.
Counsel must remain of record through the time to appeal unless relieved by the Court on written motion and notice, with a copy of the motion served on the client.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
4.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
If an order or judgment is unsatisfactory, opposing counsel must present an alternative version to the Court.
Court's wording
5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
5.2 In civil actions, proposed orders shall be tendered with each motion.
- Document
- Motion
Must include
- •Proposed order
When a jury trial is requested, the Pretrial Compliance Statement must include the listed information, including mediation status, stipulations, disputed issues and authorities, discovery status, witnesses, exhibits, special damages, and proposed jury instructions.
Court's wording
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following: 1. A statement of the kind of action and a report on the status of mediation efforts; 2. Stipulations; 3. A statement of disputed issues with citation of authorities; 4. A confirmation that discovery is completed, or if not completed, the probable completion date; 5. A list of expected witnesses and brief summary of their testimony; 6. A separate list of expert witnesses and brief summary of their testimony; 7. A list of marked exhibits; 8. A list of all special damages and supporting documents; and 9. Proposed Jury Instructions.
12.1 Proposed Judgments for Orders of Sale shall be prepared by the party requesting same and in accordance with the provisions of applicable law and these Local Rules.
A judgment for an Order of Sale must include a “Have Seen” line for the Master Commissioner’s signature.
Court's wording
12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.
Judgments for Orders of Sale must include the specified sale requirements, party names, costs and encumbrances, sale-date designation, tax obligations, and purchaser payment and bond terms.
Court's wording
12.4 Notwithstanding the provisions of all other applicable law, Judgments for Orders of Sale shall contain the following: A. Requirements for sale in accordance with KRS Chapters 424 and 426, et. seq. B. Styled with the names of all parties. C. A specific designation of all costs, liens, taxes or encumbrances to be paid. D. That the date and time of sale shall be determined by the Master Commissioner. E. That Purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and subsequent years. That at the time of the sale, the successful bidder shall either pay cash or make a deposit of at least 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with a sufficient surety approved by the Master Commissioner prior to the sale for the unpaid balance of the purchase price. The bond shall bear interest at the rate the Judgment bears from the date of the sale until
As of January 1, 2023, every request for sale must include a new AOC Form 141S.
Court's wording
12.6 As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.
Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, in the event diversion is
Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.
Parties or their counsel may then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place at which the mediation shall occur.
A pretrial memorandum should include the listed facts, issues, arguments with supporting authority, requested relief, witness list, trial exhibits, and mediation status if applicable.
Court's wording
A pretrial memorandum should include: a summary of the general facts; statement of any stipulated facts; a listing of all issues of fact and law for adjudication; a concise statement of each general issue in dispute; argument with ample supportive citations of authority pertinent to each issue of fact and law; conclusion setting forth the specific relief sought from the Court; an undated witness list, trial exhibits, etc, and a statement of the status of mediation (if applicable).
Pursuant to FCRPP 3(1), parties may submit a decree for the Court’s review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.
In lieu of filing said disclosures, parties may waive said disclosure requirements. Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement.
4.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, and e-mail address.
Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
5.1 All orders and judgements of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.
5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration.
Filing & Service rules
Electronic Filing Rules
Parties must not file discovery requests or responses in the record when exchanging them unless the Court directs otherwise.
3.3 Unless directed by the Court, the parties shall not file discovery requests or discovery responses in the record when exchanging the same.
Page 4 | Rule 3 Civil Discovery
Parties may file motions through the e-filing system, and motions filed in compliance with its protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment, no later than 30 days before trial.
After indictment in circuit court, and no later than 30 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
The movant must file the motion by close of business on the fifth business day after obtaining the motion date; untimely motions will be removed from the docket.
After securing a motion date, the movant must file the motion with the Clerk’s Office by the close of business on the fifth business day after obtaining the date. The Clerk shall remove from the docket any motion not timely filed.
Page 5 | 2.03 – General Motion Practice
A hearing for temporary custody, timesharing, visitation, or child support must be conducted within 30 days of filing.
Pursuant to FCRPP 6(2), a hearing for temporary custody, timesharing, visitation or child support shall be conducted within thirty (30) days of filing.
Page 6 | 2.04 – Pendente Lite Motions
Reports in dependency, neglect, and abuse cases must be forwarded to the Court no later than 72 hours before the hearing.
Pursuant to FCRPP 28, the Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 hours prior to the Hearing.
Page 10 | 6.02 – Court Reports
A DCBS Prevention or Safety Plan must be placed in the Court record within 72 hours of execution or before the next scheduled hearing, whichever is earlier.
Pursuant to FCRPP 29, any DCBS Prevention or Safety Plan shall be placed in the Court record within 72 hours of execution or before the next scheduled court hearing, whichever is earlier.
Page 10 | 6.04 – Prevention Plans
The written objection to a parent education class must be filed before the scheduled hearing.
If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.
Page 12 | 7.01 – Parent Education Classes
Motions intended for a Case Management Conference must be filed at least four days before the conference.
Motions must be filed at least four (4) days prior to the Conference.
Page 13 | 7.04 – Case Management Conferences. FCRPP 2(6).
Each party must file pertinent motions, stipulations, and agreements at least four days before the Case Management Conference.
That each party shall file any pertinent motions, stipulations and/or agreements reached at least four (4) days prior to the Case Management Conference.
Page 19 | GOOD CAUSE BEING SHOWN THEREFORE, IT IS ORDERED
Except for motions permitted to be filed ex parte, motions must be filed with the appropriate county Clerk by closing time one week before the Rule Day on which they will be heard.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
E-mailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Motions may not be filed on the morning of trial without leave of Court, which may not be unreasonably withheld when good cause is shown.
No motions shall be filed on the morning of trial without leave of the Court, which shall not be unreasonably withheld for good cause shown.
Page 5 | Rule 7 Jury Trials
When a jury trial is requested, the Pretrial Compliance Statement must be furnished at least one week before trial.
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:
Page 5 | Rule 8 Assignment of Trials - Civil Matters
The judgment must be submitted to the Master Commissioner for review at least five days before any hearing before the Court.
12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.
Page 7 | Rule 12 Master Commissioner Sales
A motion and order for withdrawal or abatement must be made before the judicial sale date and time.
Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.
Page 8 | Rule 12 Master Commissioner Sales
A petition must be reviewed within an hour of presentation unless no judge or trial commissioner is available.
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 | II. Twenty-four Hour Accessibility
If attorneys disagree about an order’s wording, the responding party or attorney may file a motion for clarification or further orders within seven business days of receiving the order.
If attorneys disagree on how an Order should be drafted, the responsive party/attorney may file a motion requesting clarification or further Orders from the Court within seven (7) business days of receipt of the Order.
Page 7 | 2.09 – Orders
The drafting attorney may submit the order after opposing counsel has failed to respond for at least seven business days after it was tendered.
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
Page 7 | 2.09 – Orders
A pretrial memorandum is not required unless specifically requested, but a party may file one and should file it at least two days before the Final Hearing.
Unless specifically requested, the Court does not require a pretrial memorandum, but a party may file same if they so wish. In either situation, it should be filed at least two (2) days prior to the Final Hearing.
Page 13 | 7.05 – Final Hearings
Counsel in criminal actions may tender proposed jury instructions at any time before trial.
Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.
Page 5 | Rule 7 Jury Trials
Service and Proof of Service Rules
Orders must be delivered to the Circuit Court Clerk.
Orders shall be delivered to the Circuit Court Clerk.
Page 5 | 2.03 – General Motion Practice
All pleadings and attachments must be served on all other parties or their counsel.
All pleadings including any attachments shall be served on all other parties or their counsel and a copy forwarded to the Court.
Page 5 | 2.03 – General Motion Practice
Notice of every motion must be served on all necessary parties at least four working days before the scheduled hearing.
Notice of all motions must be served on all necessary parties no less than four (4) working days prior to any scheduled hearing.
Page 6 | 2.03 – General Motion Practice
The Guardian Ad Litem of record in the confidential case must receive notice of the motion seeking access to its records.
The Guardian Ad Litem of record in the confidential case to be opened shall receive notice of the motion.
Page 8 | 3.03 – Access to Confidential Records
Parties or their counsel must notify the Commonwealth whenever the case is docketed.
Parties or their counsel shall notice the Commonwealth any time the case is docketed.
Page 9 | 5.05 – Custody and Timesharing
A copy of each filed dependency, neglect, or abuse petition must be forwarded to the assigned County Attorney and assistant, and the original must be filed with the Clerk.
A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.
Page 11 | 6.07 – Petitions
After the hearing, the Petitioner must continue diligently trying to locate and notify everyone who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 11 | 6.08 – The Effects of Service on Only One Parent
The Clerk must make reasonable efforts to notify the child's parents or guardians as required by KRS Chapter 600 and following.
The Clerk shall make reasonable efforts to notify the child's parents or guardians in keeping with the requirements of KRS Chapter 600, et seq.
Page 11 | 6.07 – Petitions
When an unserved domestic violence case is transferred, the initiating court must reissue the summons for no more than fourteen days or as the court finds necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.
Consistent with FCRPP 12, when the Family Court Judge orders that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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 transfer.
Page 15 | I. Uniform Protocol for Processing Cases
Except for motions permitted to be filed ex parte, motions must be delivered to opposing counsel by the stated filing deadline.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
A copy of a written motion to relieve counsel must be served on the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
Page 4 | Rule 4 Appearances by Counsel
When a jury trial is requested, the Pretrial Compliance Statement must be furnished to the Court and the other parties at least one week before trial.
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:
Page 5 | Rule 8 Assignment of Trials - Civil Matters
Consistent with FCRPP 12, when the Family Court Judge orders that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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 transfer.
Consistent with FCRPP 12, when the Family Court Judge orders that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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 transfer.
Page 1 | I. Uniform Protocol for Processing Cases
Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
Page 10 | 6.02 – Court Reports
The Court may allow a Temporary Removal Hearing or adjudication to proceed without service on the non-custodial parent if the specified reasonable service efforts are established on the record.
The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that there have been reasonable efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 11 | 6.08 – The Effects of Service on Only One Parent
Service of a motion by mail requires three additional days' notice.
If service of the motion is by mail, an additional three (3) days' notice shall be required.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Filing Fees and Waivers
The $50 reopening fee is not paid for covered Title IV-D child-support modification or enforcement motions, but applies to specified later motions brought by private counsel or pro se unless the party is found to be 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 child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged absent a finding of in forma pauperis.
Page 9 | 5.03 – Reopening Fee
For an order or judgment requiring appraisal, advertisement, or sale, the submitting party must deposit $2,500 with the Master Commissioner within 10 days after entry.
When any order/judgment is submitted to the Master Commissioner requiring appraisal, advertisement, or sale, the party submitting the order shall deposit the amount of Two Thousand, Five Hundred Dollars ($2,500.00), with the Master Commissioner, no later than 10 days following entry of the order/judgment.
Page 7 | Rule 12 Master Commissioner Sales
As of January 1, 2023, every request for sale requires payment of a $200 judicial sale administrative fee to the clerk before the Master Commissioner schedules a sale.
12.6 As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.
Page 8 | Rule 12 Master Commissioner Sales
Courtesy Copy Requirements
Counsel must transmit a courtesy copy of the proposed order or judgment to opposing counsel.
Counsel shall transmit a courtesy copy to opposing counsel.
Page 4 | Rule 5 Entry of Orders and Judgements
Sealing & Redaction Procedures
Recordings of an in camera interview of a minor conducted without the parties may be released or viewed only with leave of Court; this restriction does not cover in camera proceedings where counsel was present and questioned the minor.
In cases where the parties have requested that the Court conduct an in camera interview of a minor in the absence of the parties, the recording of same shall only be released or viewed with leave of Court. This includes, but is not limited to copies of the video tape recordings and any other recordings of these proceedings. This shall not include records of proceedings conducted in camera where counsel was present and questioned the minor(s) as well.
Page 14 | 9.01 – In Camera Interviews
Adjournment & Extension Requirements
A conference may be continued by leave of Court upon request for good cause; otherwise, failure to appear may lead to an ex parte hearing, findings, or dismissal.
That in the event of the failure of a party or parties to appear at the conference, pursuant to this Order, an ex parte hearing shall be held and appropriate Findings rendered or Dismissal ordered, unless continued by leave of Court pursuant to a request, for good cause shown.
Page 19 | GOOD CAUSE BEING SHOWN THEREFORE, IT IS ORDERED
Continuances must comply with FCRPP 23.
Continuances shall comply with FCRPP 23.
Page 10 | 6.03 – Continuances
Chambers Communication Rules
To set a matter for a Circuit Motion Hour hearing, the movant must contact the Circuit Clerk in the county where the hearing will be held.
To set a matter for hearing on the Court’s Circuit Motion Hour, the movant shall contact the Circuit Clerk in the county where the Hearing will be held.
Page 5 | 2.03 – General Motion Practice
Counsel and/or parties shall appear at the beginning of the Court’s Circuit Court Motion Docket to obtain a Case Management Conference date from the Judge’s staff.
Counsel and/or parties shall appear at the beginning of the Court’s Circuit Court Motion Docket to obtain a Case Management Conference date from the Judge’s staff.
Page 6 | 2.05 – Case Management Conference (CMC)
After normal working hours, law enforcement or CHFS must immediately contact the designated judge or Trial Commissioner upon receiving an ECO affidavit.
After normal working hours, law enforcement and/or CHFS shall contact the Family Court Judge, District Court Judge or Trial Commissioner of this Circuit immediately upon the receipt of an ECO affidavit.
Page 11 | 6.06 – Procedure for Seeking an Emergency Custody Order (ECO)
The filing party must communicate any motion withdrawal, remand, or hearing cancellation directly to the Circuit Judge and Clerk, with agreement of all parties.
Any withdrawal or remand of motions or cancellation of hearings shall be made by the filing party directly to the Circuit Judge and to the Clerk and must be by agreement of all parties.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
If an order or judgment is unsatisfactory, opposing counsel must immediately notify the Court of objections and present an alternative version.
5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Page 4 | Rule 5 Entry of Orders and Judgements
If a case settles, the parties must notify the Court and Circuit Clerk before 3:30 p.m. on the day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 3:30 p.m. on the day before the case is schedule for trial if they settle a case, so jurors will not have to be summoned.
Page 6 | Rule 9 Settlement of Cases
Adoptions and other unlisted cases within the Court’s jurisdiction are scheduled by appointment through the Judge’s Office, and the Boyle County Office may be reached at 859-239-7090.
Adoptions and other cases not specifically listed but also within the Court’s jurisdiction shall be scheduled as needed by appointment through the Judge’s Office. The Boyle County Office may be reached at 859-239-7090 and the Mercer County Office at 859-734-3192.
Page 5 | 2.02 – Other Hearings
A different-subject responsive motion cannot be heard during the original movant’s reserved time without that movant’s consent; otherwise, the proponent must obtain Clerk approval by reserving additional time, except that continuance and CMC-date motions are not covered.
No motions involving different subject matter filed in response to the original movant’s will be heard during the time originally reserved by the movant without the movant’s consent. Absent the movant’s consent, the responsive motion may only be heard if the proponent of the responsive motion obtains approval from the Clerk by reservation of additional time. Motions for continuances or for a Case Management Conference date are NOT considered responsive motions within the purview of this rule.
Page 5 | 2.03 – General Motion Practice
When the parties no longer need a hearing, they must notify the Clerk as soon as possible.
The parties shall notify the Clerk at the earliest time possible that there no longer exists a need for a hearing.
Page 7 | 2.10 – Agreed Orders
Petitioners seeking to initiate contempt proceedings are advised to contact the Circuit Court Clerk in the county where the protective order was issued.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk in the county in which the protective order was issued.
Page 17 | III. Contempt Proceedings
A party needing more than ten minutes on a Rule Day must request a special hearing from the Court.
Any party needing to be heard for more than ten (10) minutes on a Rule Day shall request that the Court set the matter to be heard for a special hearing.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Parties may e-mail motions to the Circuit Judge before the hearing for informational purposes, but the Court will not recognize them until the original is received and entered in the record by the appropriate Circuit Clerk.
Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Unless otherwise specified, counsel must meet in chambers at 8:00 a.m. on the day of trial to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:00 a.m. on the day of trial to discuss preliminary matters, motions, and jury instructions.
Page 5 | Rule 7 Jury Trials
An attorney seeking inclusion on either county’s GAL list should contact the Judge’s office.
An attorney that wishes to be placed on the GAL list for either county should contact the Judge’s office for inclusion on the list.
Page 10 | 6.01 – Roster of Guardians Ad Litem
If both parties agree to mediate and want court mediation, they may contact the judge's office to arrange a date.
If both parties otherwise agree to mediate and wish to use court mediation, they may contact the judge's office to set up a mediation date.
Page 12 | 7.03 – Mediation
Petitioners seeking to initiate contempt proceedings should contact the circuit court clerk in the county where the protective order was issued.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk in the county in which the protective order was issued.
Page 3 | III. Contempt Proceedings