Court Rules

Bracken County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Trial Brief
5 pgs

Communication

Phone

Clerk

606-735-3328
Phone
1-800-928-6381
Phone

Clerk

606-845-7011
Phone

Clerk

606-564-4011
Fax
(502) 573-1669
Cases:
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Briefs shall not exceed FIVE (5) PAGES in length.

Page limit
Up to 5 pages
C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

Document Format Requirements4 rules

FormattingMandatory

Motions may be made orally during the progress of trial in chief, but all other motions must be made in writing.

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 3. Motions; 3.01 Oral or Written
FormattingMandatory

Paper 8.5" by 11" shall be used for all purposes.

Paper size
Letter
C19LOCALRULES · p. 13
|SectionRule 32. Preparation of Filings
FormattingMandatory

If forms are used, any blanks shall be completed by mechanical means and not by hand, unless permitted by the Court.

C19LOCALRULES · p. 13
|SectionRule 32. Preparation of Filings
FormattingMandatory

All pleadings, motions, orders and judgments shall be mechanically or electronically prepared.

C19LOCALRULES · p. 13
|SectionRule 32. Preparation of Filings

Document Filing Requirements57 rules

Filing RequirementsMandatory

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

Court's wording

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court, KRS 403.725, KRS 456.030.

C19D19DVPROTOCOL · Dec 2015 · p. 2
|SectionI. Uniform Protocol for Handling Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C19D19DVPROTOCOL · Dec 2015 · p. 2
|SectionI. Uniform Protocol for Handling Cases
Filing RequirementsMandatoryCriminal cases

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived

Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatory

A copy of the notice shall accompany the motion or pleading delivered to the clerk.

C19LOCALRULES · p. 2
|SectionRule 2. Notice to Clerk
Filing RequirementsMandatory

When a motion for judgment or order is presented to the Court, the judgment or order requested shall be tendered therewith except for cogent reason to the contrary.

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 4. Orders and Judgments; 4.01 Tendered Orders and Judgments
Filing RequirementsMandatory

Orders subject to the stated service requirements, including judgments and orders affecting the time to appeal, must contain directions for distribution by the Circuit Clerk.

Court's wording

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 4. Orders and Judgments; 4.02 Service and Distribution
Filing RequirementsMandatory

All motions shall state precisely the relief requested and shall be accompanied, as specifically required by these Local Rules, by a supporting memorandum. Failure to do so may be grounds for denying the motion.

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 3. Motions; 3.02 Specily Relief Requested
Filing RequirementsMandatory

A motion filed with the clerk must be accompanied by a tendered order and enough copies for the clerk to complete service; an exception is indicated but the source text is incomplete.

Court's wording

No motion shall be filed in the clerk's office unless same is accompanied by a tendered order for the Court's consideration (as stated in Local Rule Title II, Rule 4.01), together with a sufficient number of copies of the tendered order to permit the clerk to complete service thereof. This rule shall not apply if the order sought is required by Kentucky Rules of Civil Procedure (CR) to

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 4. Orders and Judgments; 4.03 9222953 Number of Copies
Filing RequirementsMandatory

No motion shall be filed with a notice that it shall be heard at the "convenience of the Court." Motions in violation of this Local Rule shall be returned to the movant and shall not be docketed.

C19LOCALRULES · p. 3
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 3. Motions; 3.03 Convenience of the Court
Filing RequirementsMandatory

No order shall be signed permitting the withdrawal of counsel until counsel has set said motion on a regular Motion Day and has accompanied said motion with a copy of a certified letter to client and the proof thereof.

C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 7. Withdrawal of Counsel
Filing RequirementsMandatory

Criminal instructions must be filed by each side

C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions
Filing RequirementsMandatory

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions
Filing RequirementsMandatory

All motions to set cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 6. Motions to Set Trial; 6.01 Contents of Motion
Filing RequirementsMandatory

A motion for assignment of a jury-trial date in Bracken, Fleming, or Mason County must include a signed Certificate of Readiness in the prescribed form.

Court's wording

All motions for assignment of a date for trial with jury in Bracken, Fleming, or Mason County shall have endorsed thereon, signed by counsel for the movant, the following: CERTIFICATE OF READINESS I hereby certify that this case stands ready for trial by movant; all matters necessary for its presentation to the Court and jury have been or shall be completed within sixty (60) days from this date. DATE: (SIGNATURE) COUNSEL FOR MOVANT

C19LOCALRULES · p. 4
|SectionTITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 6. Motions to Set Trial; 6.02 Certificate of Readiness
Filing RequirementsMandatory

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

C19LOCALRULES · p. 5
|SectionRule 9. Depositions; 9.01 Filing of Depositions
Filing RequirementsMandatory

D. The parties and parties* counsel, if any, must sign all agreements and agreed orders.

C19LOCALRULES · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

AOC-238 (Preliminary Verified Disclosure Statement) or any subsequent replacement form requiring the same or similar information shall be filed in the Court record, unless parties or parties* counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

C19LOCALRULES · p. 7
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsMandatory

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before one of the listed officials.

Court's wording

A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified notary public, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

C19LOCALRULES · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

Supporting affidavits for a motion to modify a temporary custody order or decree must identify the existing order, its substance, and the circumstances or changed circumstances relied upon.

Court's wording

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: 1. The date and recording information of the order or decree sought to be modified; 2. The substance of the order or decree; and, 3. The circumstances or the change of circumstances relied upon by the party seeking the modification.

C19LOCALRULES · p. 7
|Section5.04 Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatory

C. All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

C19LOCALRULES · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

An application for a custody order or modification must be made by motion with affidavits required by law and submitted for a court hearing under the cited procedures.

Court's wording

A. Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

C19LOCALRULES · p. 7
|Section5.04 Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatory

The three-day affidavit must be filed with the judgment and address material changes in circumstances, resumption of the marital relationship, and pregnancy if the affiant is a woman.

Court's wording

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

C19LOCALRULES · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

In dissolution, legal-separation, or maintenance proceedings, a signed and notarized affidavit must be filed with the complaint and include the specified information about the parties, property, income, children, military service, and pregnancy.

Court's wording

Pursuant to FCRPP 3(1), in each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was 2. Statement as to age and condition of health of affiant. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. Statement as to whether affiant is employed, the wages or salary received. Statement of affiant as to his or her other income. Statement as to the age and health of the respondent. Statement of affiant as to whether respondent owns any real estate, and as to whether he/she is employed. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. 9. Statement as to whether respondent is now or has been in active military service of the United States at any time during the pendency of this action. 10. If a woman, whether now pregnant.

C19LOCALRULES · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

B. Affidavit of movant must fully explain the need for emergency custody, maintenance and/or support, and if applicable, why notice could not be given.

C19LOCALRULES · p. 8
|Section5.07 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

11. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340, shall be filed with the affidavit.

C19LOCALRULES · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

A party may seek an emergency temporary custody, maintenance, or support order by motion, with practicable notice and an affidavit stating facts establishing the emergency; the order may cover up to 30 days.

Court's wording

A. In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

C19LOCALRULES · p. 8
|Section5.07 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

C19LOCALRULES · p. 9
|SectionRule DR 5
Filing RequirementsMandatory

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in those chapters.

C19LOCALRULES · p. 9
|SectionRule DR 6.01 Protection of Personal Identifiers
Filing RequirementsMandatory

The order shall be sufficiently specific to indicate clearly the purposes of the reference and the duties to be performed by the commissioner therein.

C19LOCALRULES · p. 10
|SectionRule 26 References to Commissioner
Filing RequirementsMandatory

Where purchase money bonds are executed the deed of conveyance shall provide that such insurance shall be carried

C19LOCALRULES · p. 10
|SectionRule 29.03 Purchase Money Bonds
Filing RequirementsMandatory

Written evidence of such insurance, as obtained pursuant to Local Rule 29.01, shall be furnished by the purchaser to the commissioner within twenty-four (24) hours of the date of sale.

C19LOCALRULES · p. 10
|SectionRule 29.02 Written Evidence of Insurance
Filing RequirementsMandatory

The judgment shall direct the time and place of all judicial sales by the commissioner.

C19LOCALRULES · p. 10
|SectionRule 27.03 Time and Place
Filing RequirementsMandatory

B. The Order of Diversion shall include: 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant 6. Directing the defendant to comply with any other provision of KRS 533.030 or any other not to commit any offense during the period of pretrial diversion. condition the Court deems appropriate.

C19LOCALRULES · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, IV. Order of Pretrial Diversion
Filing RequirementsMandatory

E. 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.

C19LOCALRULES · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

C. The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6).

C19LOCALRULES · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

B. In applying for pretrial diversion, counsel for defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

C19LOCALRULES · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

The caption of each original complaint and intervening complaint shall show the address, if known, of each party.

Document
Original complaint and intervening complaint
Placement
Caption
C19LOCALRULES · p. 13
|SectionRule 33. Caption of Original/Intervening Complaint
Filing RequirementsMandatory

If a defendant is under disability, the caption shall state the nature of the disability and who shall be served.

Placement
Caption
C19LOCALRULES · p. 13
|SectionRule 33. Caption of Original/Intervening Complaint
Filing RequirementsMandatoryCivil cases

An application for a custody order or modification must be made to the Court by motion with affidavits as required by law, for hearing with notice to all parties.

Court's wording

A. Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

C19FAMILYRULES · Jun 2016 · p. 4
|SectionRule 5.04(A). Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatoryCivil cases

All agreements and agreed orders must contain the correct mailing and e-mail addresses for the attorneys and parties.

Court's wording

C. All agreements and agreed orders shall contain the correct mailing and D. The parties and parties' counsel, if any, must sign all agreements and e-mail addresses for the attorneys and parties. agreed orders.

C19FAMILYRULES · Jun 2016 · p. 4
|SectionRule 5.01(C). Appearances, Waivers and Agreements
Filing RequirementsMandatoryCivil cases

A. Any unrepresented party who signs and acknowledges an appearance notary, the circuit clerk or any of his or her deputies, or any official and waiver or agreement shall do so before a clearly identified public stenographer of the circuit court.

C19FAMILYRULES · Jun 2016 · p. 4
|SectionRule 5.01(A). Appearances, Waivers and Agreements
Filing RequirementsMandatoryCivil cases

A. Certification the Court record, unless parties or parties' counsel certify in writing AOC-238, Preliminary Verified Disclosure Statement, shall be filed in that said disclosure has been made in accordance with FCRPP 2(3).

C19FAMILYRULES · Jun 2016 · p. 4
|SectionRule 5.02(A). Preliminary Mandatory Disclosure
Filing RequirementsMandatoryCivil cases

In dissolution, legal-separation, and maintenance proceedings, the moving party must file a signed, notarized affidavit with the complaint containing the listed information about the parties, property, income, children, military service, and pregnancy where applicable.

Court's wording

In each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was granted. II. Statement as to age and condition of health of affiant. 111. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. iv. Statement as to whether affiant is employed, the wages or salary received. V. Statement of affiant as to his or her other income. vi. Statement as to the age and health of respondent. vii. Statement of affiant as to whether respondent owns any real estate, and as to whether he is employed. viii. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. ix. Statement as to whether respondent is now or has been in the active military service of the United States at any time during the pendency of this action. x. If a woman, whether now pregnant.

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05(A) Form in Proceedings for Dissolution of Marriage, Legal Separation or Maintenance
Filing RequirementsMandatoryCivil cases

Affidavits supporting a motion to modify a temporary custody order or custody decree must identify the order, describe its substance, and state the circumstances or changed circumstances relied upon.

Court's wording

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: The date and recording information of the order or decree sought to be modified; The substance of the order or decree; and, The circumstances or the change of circumstances relied upon by the party seeking the modification.

Filing RequirementsMandatoryCivil cases

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05(B) Three Day Affidavit
Filing RequirementsMandatoryCivil cases

containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05(B) Three Day Affidavit
Filing RequirementsMandatoryCivil cases

xi. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340 shall be filed with the affidavit.

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05(A) Form in Proceedings for Dissolution of Marriage, Legal Separation or Maintenance
Filing RequirementsMandatoryCivil cases

Affidavit of movant must fully explain the need for emergency for a period of up to thirty (30) days. custody, maintenance and/or support, and if applicable, why notice could not be given.

C19FAMILYRULES · Jun 2016 · p. 6
|Section5.06(B) Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatoryCivil cases

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in statute or contained in other documents or exhibits filed with the court,

C19FAMILYRULES · Jun 2016 · p. 6
|Section6.01 Protection of Personal Identifiers
Filing RequirementsMandatoryCivil cases

A party may seek emergency temporary custody, maintenance, or support relief by motion, with practicable notice and a supporting affidavit stating facts establishing the emergency.

Court's wording

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support

C19FAMILYRULES · Jun 2016 · p. 6
|Section5.06(A) Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatoryCivil cases

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the

C19FAMILYRULES · Jun 2016 · p. 6
|Section5.06(D) Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsImportant

C. Other days of special meaning, such as religious holidays, or national birthdays, should be decided together, written into the Court order, and alternated as above.

C19LOCALRULES · p. 17
|SectionLOCAL TIME-SHARING/VISITATION GUIDELINES
Filing RequirementsImportantCivil cases

B. Completion in Maintenance/Spousal Support Cases Section H of AOC-238, Preliminary Mandatory Disclosure, regarding In cases where maintenance and spousal support are not at issue,

C19FAMILYRULES · Jun 2016 · p. 4
|SectionRule 5.02(B). Completion in Maintenance/Spousal Support Cases
Filing RequirementsNote

When maintenance and spousal support are not at issue, the monthly-expenses section of a mandatory disclosure form need not be completed.

Court's wording

B. Completion in Maintenance/Spousal Support Cases In cases where maintenance and spousal support are not at issue, any section of a mandatory disclosure form (such as AOC-238 or any subsequent replacement form) requiring the listing of monthly expenses need not be completed.

C19LOCALRULES · p. 7
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsMandatoryCriminal cases

A diversion order must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation and Parole rules, and the requirement not to commit an offense during diversion.

Court's wording

The Order of Diversion shall include: 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant not to commit any offense during the period of the pretrial diversion.

C19PRETRIALDIVERSIONPROGRAM · Dec 1999 · p. 4
|SectionIV. Order of Pretrial Diversion

Filing & Service rules

Filing Timing and Cure Windows

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

Page 2 | I. Uniform Protocol for Handling Cases

An eligible person may apply for pretrial diversion after indictment and no later than 30 days before trial.

After indictment in Circuit Court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth's Attorney for entry of a pretrial diversion order

Criminal cases

Page 3 | III. Procedure

The movant must lodge the motion or pleading with the clerk at least four business days before the noticed hearing date, excluding Motion Day.

The movant, with respect to all matters to be heard on Motion Day, shall lodge the motion or pleading with the clerk of the court in which the action is filed not less than FOUR (4) BUSINESS DAYS (not counting the Motion Day) before the date noticed for hearing.

Page 2 | Rule 2. Notice to Clerk

Criminal instructions must be filed no later than three days before trial and may, if requested, be filed under seal and withheld from opposing counsel.

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

Page 4 | TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

Trial briefs and desired instructions in civil jury and bench cases must be filed no later than five days before trial.

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

Page 4 | TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

A signed and notarized affidavit must be completed within three days before judgment is tendered.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

Page 8 | 5.06 Affidavits

A motion filed under KRS Chapter 403 must be sent to the Circuit Judge or the judge’s secretary contemporaneously with filing.

Any motions filed with the clerk in the 19th Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand-delivery to the Circuit Judge or Circuit Judge's secretary due to possibility of not having regularly scheduled Motion Day in the county where said motion is to be filed within any period prescribed by the FCRPP.

Page 9 | Rule DR 6.02 Motions Contemporaneously Sent to Judge

Written evidence of insurance is due to the commissioner within 24 hours of the sale.

Written evidence of such insurance, as obtained pursuant to Local Rule 29.01, shall be furnished by the purchaser to the commissioner within twenty-four (24) hours of the date of sale.

Page 10 | Rule 29.02 Written Evidence of Insurance

If no objections have been filed, an Order Confirming Sale may be filed ten days after the commissioner's Report of Sale is filed.

Ten (10) days after the filing of a commissioner's Report of Sale, and no objections having been filed thereto, an Order Confirming Sale may be filed with the Clerk of the Court, who shall submit the order to the Court.

Page 11 | Rule 30. Confirmation of Report of Sale

An eligible person may apply to the Circuit Court and Commonwealth's Attorney for a pretrial diversion order after indictment and no later than 30 days before trial.

A. After indictment in Circuit Court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth's Attorney for entry of a pretrial diversion order.

Page 11 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure

Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless one is unavailable.

F. 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 15

The affidavit must be signed and notarized within three days before judgment is tendered.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered

Civil cases

Page 5 | 5.05(B) Three Day Affidavit

Petitions must be reviewed within an hour of presentation to a judge or trial commissioner, unless 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.

Civil cases

Page 9 | II. Twenty-four Hour Accessibility

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 2 | I. Uniform Protocol for Handling Cases

Service and Proof of Service Rules

Actual service must be made four days before Motion Day.

Actual service shall be made FOUR (4) DAYS preceding Motion Day.

Page 2 | Rule 1.05 Service

Service by mail must be posted seven days before Motion Day.

Service by mail relative to the date the motion shall be heard shall be posted SEVEN (7) DAYS preceding Motion Day.

Page 2 | Rule 1.05 Service

If an entry of appearance does not waive notice, notice must be given of future proceedings, including the filing of exceptions and submission for judgment or decree.

B. If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.

Page 7 | 5.01 Appearances, Waivers and Agreements

Notice of a custody application or custody-modification application must be given to all parties.

A. Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

Page 7 | 5.04 Custody Order or Modification of Custody Order or Decree

An emergency motion for temporary custody, maintenance, or support must provide as much notice as practicable.

A. In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

Page 8 | 5.07 Emergency Notice for Custody, Maintenance, or Support

The submitting party must serve copies as required by CR 5, certify service, and also serve the purchaser.

The party submitting the order shall serve copies of the same as required by CR 5, and so certify. The purchaser must also be served.

Page 11 | Rule 30. Confirmation of Report of Sale

The Court may void diversion participation for failure to comply with its conditions only after a hearing and notice to the Commonwealth and the defendant.

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

Page 12 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, V. Voiding a Diversion Order

If an entry of appearance does not waive notice, notice must be given of future proceedings, including the filing of exceptions and submission for judgment or decree.

B. If an entry of appearance is filed and does not waive notice of future stenographer of the circuit court. judgment or decree, notice must be given of said proceedings. proceedings, including the filing of exceptions and the submission for

Civil cases

Page 4 | Rule 5.01(B). Appearances, Waivers and Agreements

Custody-order applications and applications to modify a custody order or decree must be heard with notice to all parties.

A. Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

Civil cases

Page 4 | Rule 5.04(A). Custody Order or Modification of Custody Order or Decree

A party seeking emergency temporary relief must give such notice as is practicable.

with such notice as practicable

Civil cases

Page 6 | 5.06 Emergency Notice for Custody, Maintenance, or Support

Briefs and instructions should be served on opposing parties or counsel.

Briefs and instructions should be served on opposing parties or counsel.

Page 4 | TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

Filing Fees and Waivers

Bond payments must be made in cash.

Cash required for bond.

Page 1 | Office of Circuit Court Clerk

Cash, check, money order, and credit or debit cards are payment options; a fee applies to card payments.

Payment Options: Cash, check, money order, credit and debit cards (fee applies).

Page 1 | Office of Circuit Court Clerk

Payments may be made online with ePay.

Pay online with ePay.

Page 1 | Office of Circuit Court Clerk

Sealing & Redaction Procedures

When filed material contains personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited to authorized persons.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in the child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.

Page 9 | Rule DR 6.01 Protection of Personal Identifiers

Access to the unredacted copy containing personal identifiers is restricted to the listed parties, authorized court personnel, specified Cabinet employees or agents, and persons authorized by court order.

The clerk of the court shall allow the personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court and Family Services involved in child support matters attendant to the personnel, a duly authorized employee or agent of the Cabinet for Health case, or a person authorized to view the copy by specific orders of the Security number or tax-payer identification number, date of birth, or court.

Civil cases

Page 7 | Title VI

Parties must file a copy with personal data redacted and an unredacted copy in a marked and sealed envelope.

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 unredacted sealed copy of the pleading, document, or exhibit containing marked and sealed envelope.

Civil cases

Page 7 | Title VI

If requested, criminal instructions may be filed under seal and kept unavailable to opposing counsel.

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

Page 4 | TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

Pre-Motion Conference Requirements

Preliminary motions concerning jury and bench trials must be heard on a Motion Day before trial or at a pretrial conference, and may be heard on a trial day only for extraordinary cause clearly proven to the Court.

All preliminary motions in regard to jury and bench trials shall be heard at a Motion Day preceding the trial or at a pre-trial conference. No preliminary motions shall be heard on jury and bench trial days except for extraordinary cause clearly proven to the Court.

Page 4 | TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.03 Preliminary Jury and Bench Trial Motions

Chambers Communication Rules

Counsel in a relative adoption case must contact the Court to determine the required background check or references.

Counsel in an adoption proceeding shall contact the Court to determine how much of a background check or references will be required in relative adoption cases.

Page 6 | Rule DR 3. Adoptions/Termination of Parental Rights

Motions filed under KRS Chapter 403 must be sent to the Circuit Judge or the judge’s secretary at the same time, by fax, email, or hand delivery.

Any motions filed with the clerk in the 19th Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand-delivery to the Circuit Judge or Circuit Judge's secretary due to possibility of not having regularly scheduled Motion Day in the county where said motion is to be filed within any period prescribed by the FCRPP.

Page 9 | Rule DR 6.02 Motions Contemporaneously Sent to Judge

Counsel in a relative adoption proceeding must contact the Court to determine the required background check or references.

Counsel in an adoption proceeding shall contact the Court to determine how much of a background check or references will be required in relative adoption cases.

Civil cases

Page 3 | Rule 3. Adoptions/Termination of Parental Rights

Any motions filed with the clerk in the 194 Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand- of not having regularly scheduled Motion Hour in the county where said delivery to the Circuit Judge or Circuit Judge's secretary due to possibility motion is to be filed within period prescribed by FCRPP.

Any motions filed with the clerk in the 194 Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand- of not having regularly scheduled Motion Hour in the county where said delivery to the Circuit Judge or Circuit Judge's secretary due to possibility motion is to be filed within period prescribed by FCRPP.

Civil cases

Page 7 | 6.02 Motions Contemporaneously Sent to Judge

Before recommending diversion, the Commonwealth must obtain the defendant's criminal history by contacting AOC Pretrial Services by telephone or fax, or by another means; requests must not be sent to the local Pretrial Services Officer.

1. 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, or otherwise obtain a criminal history of the defendant. (DO NOT send requests to the local Pretrial Services Officer.) KRS 533.252.

Page 12 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Bracken Circuit Clerk Bracken County Courthouse, Brooksville, KY 606-735-3328 Fleming Circuit Clerk Fleming County Courthouse, Flemingsburg, KY 606-845-7011 Mason Circuit Clerk Mason County Justice Building, Maysville, KY 606-564-4011

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Bracken Circuit Clerk Bracken County Courthouse, Brooksville, KY 606-735-3328 Fleming Circuit Clerk Fleming County Courthouse, Flemingsburg, KY 606-845-7011 Mason Circuit Clerk Mason County Justice Building, Maysville, KY 606-564-4011

Civil cases

Page 10 | III. Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Bracken Circuit Clerk, 606-735-3328 Fleming Circuit Clerk, 606-845-7011 Mason Circuit Clerk, 606-564-4011

Page 3 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

B. Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Bracken Circuit Clerk, 606-735-3328

Page 16 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Fleming Circuit Clerk at 606-845-7011.

B. Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Fleming Circuit Clerk, 606-845-7011

Page 16 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Mason Circuit Clerk at 606-564-4011.

B. Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Mason Circuit Clerk, 606-564-4011

Page 16 | Contempt Proceedings

To access case records, request copies through the county Circuit Court Clerk's office by calling or visiting the office.

The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county. Call or visit the office to access case records.

Page 1 | Requesting Court Case Records

Common questions about Bracken County Circuit Court, Kentucky rules

Does Bracken County Circuit Court, Kentucky require a pre-motion conference or letter before filing a motion?

Preliminary motions concerning jury and bench trials must be heard on a Motion Day before trial or at a pretrial conference, and may be heard on a trial day only for extraordinary cause clearly proven to the Court.

View ruleSource: page 4, section TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.03 Preliminary Jury and Bench Trial Motions

What page or word limits apply to trial brief in Bracken County Circuit Court, Kentucky?

Bracken County Circuit Court, Kentucky's rule states these limits: 5 pages. Trial briefs may not exceed five pages.

View ruleSource: page 4, section TITLE II - MOTIONS, ORDERS, PRE-TRIAL MATTERS, AND JUDGMENTS; Rule 5. Pre-Trial Matters; 5.02 Trial Briefs and Instructions

What formatting rules apply to filings in Bracken County Circuit Court, Kentucky?

Bracken County Circuit Court, Kentucky's formatting rule includes letter paper. Paper measuring 8.5 by 11 inches must be used for all purposes.

View ruleSource: page 13, section Rule 32. Preparation of Filings

What must be included with protective order petition filings in Bracken County Circuit Court, Kentucky?

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

View ruleSource: page 2, section I. Uniform Protocol for Handling Cases

What must be included with summons filings in Bracken County Circuit Court, Kentucky?

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

View ruleSource: page 2, section I. Uniform Protocol for Handling Cases

How may parties contact Bracken County Circuit Court, Kentucky?

Motions filed under KRS Chapter 403 must be sent to the Circuit Judge or the judge’s secretary at the same time, by fax, email, or hand delivery.

View ruleSource: page 9, section Rule DR 6.02 Motions Contemporaneously Sent to Judge

How does Bracken County Circuit Court, Kentucky handle sealed or redacted filings?

When filed material contains personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited to authorized persons.

View ruleSource: page 9, section Rule DR 6.01 Protection of Personal Identifiers

Are filing fees or waivers addressed in Bracken County Circuit Court, Kentucky?

A fee is required for covered filings. Cash, check, money order, and credit or debit cards are payment options; a fee applies to card payments.

View ruleSource: page 1, section Office of Circuit Court Clerk

What filing deadlines does Bracken County Circuit Court, Kentucky set?

An eligible person may apply for pretrial diversion after indictment and no later than 30 days before trial.

View ruleSource: page 3, section III. Procedure

What rule applies to service by mail in Bracken County Circuit Court, Kentucky?

Details: method: service by mail, timing: before hearing. Service by mail must be posted seven days before Motion Day.

View ruleSource: page 2, section Rule 1.05 Service
Complete rules summary for Bracken County Circuit Court, Kentucky

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

The court must review a protective-order petition immediately upon filing.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

An eligible person may apply for pretrial diversion after indictment and no later than 30 days before trial.

The diversion application must include counsel's statement and the defendant's on-record agreement to waive speedy trial or disposition rights if diversion is granted.

The Commonwealth must provide the Court with a written recommendation for each diversion application.

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

A diversion order must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation and Parole rules, and the requirement not to commit an offense during diversion.

When filed material contains personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited to authorized persons.

Motions filed under KRS Chapter 403 must be sent to the Circuit Judge or the judge’s secretary at the same time, by fax, email, or hand delivery.

Agreements and agreed orders must include the correct mailing and email addresses for attorneys and parties.

Service by mail must be posted seven days before Motion Day.

Actual service must be made four days before Motion Day.

The movant must lodge the motion or pleading with the clerk at least four business days before the noticed hearing date, excluding Motion Day.

A copy of the notice must accompany the motion or pleading delivered to the clerk.

Motions must be made in writing, except that they may be made orally during the progress of trial in chief.

Motions must state the precise relief requested and include a supporting memorandum when these Local Rules specifically require one; failure may be grounds for denial.

A motion notice must not state that the motion will be heard at the Court's convenience; a violating motion will be returned and not docketed.

A requested judgment or order must be tendered with the motion unless there is a cogent reason to the contrary.

Orders subject to the stated service requirements, including judgments and orders affecting the time to appeal, must contain directions for distribution by the Circuit Clerk.

A motion filed with the clerk must be accompanied by a tendered order and enough copies for the clerk to complete service; an exception is indicated but the source text is incomplete.

In civil jury and bench cases, each party must file a trial brief and desired instructions no later than five days before trial.

Trial briefs and desired instructions in civil jury and bench cases must be filed no later than five days before trial.

Trial briefs may not exceed five pages.

Briefs and instructions should be served on opposing parties or counsel.

Each side in a criminal case must file criminal instructions.

Criminal instructions must be filed no later than three days before trial and may, if requested, be filed under seal and withheld from opposing counsel.

If requested, criminal instructions may be filed under seal and kept unavailable to opposing counsel.

More Judges in Bracken County Circuit Court, Kentucky

Jeffrey L. Schumacher
Judge