Breathitt Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • At Service of Notice
Adjournments
- After a trial date is set, a continuance may be granted only if the reasons were both unavoidable and unforeseeable on the setting date.
- An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
- A respondent may be entitled to a continuance if served less than seven days before the noticed hearing date.
Request must include
Communication
Phone
Chambers
Phone
Fax
Page & Word Limits1 rule
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
- Notice of service
- Up to 1 page
Document Format Requirements4 rules
Such orders shall be by separate styled instruments and not on the same page as the motion.
When answering interrogatories or requests for admissions, the replying party shall set forth immediately proceeding each answer the question or the request to which the answer is responsive.
The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.
Protective-order petitions must be made on form AOC-275.1.
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.
Document Filing Requirements91 rules
Motions, including summary-judgment motions, must be filed with a conforming proposed order, except motions to set a pretrial conference or trial date.
- Document
- Motion
Must include
- •Proposed order
Court's wording
All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law.
There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket.
In addition to the video recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typed transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete.
Unless the Court orders otherwise or good cause is shown, counsel must tender proposed Jury Instructions on the first day of trial for the Court's review.
Court's wording
Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties. Counsel shall tender proposed Jury Instructions on the first day of trial for the Court's review.
Unless the Court orders otherwise or good cause is shown, counsel must confer by telephone before trial about settlement and possible factual stipulations, then advise the Court that the conference occurred and report its results.
Court's wording
Unless otherwise ordered by the Court or except for good cause shown, the parties shall: C. Prior to the trial date, counsel for the parties shall meet or confer via telephone for a final discussion of (1) possibility of settlement, and (2) preparation of written stipulation of all possible facts. Upon completion, counsel for the parties shall advise the Court that such final conference was held and the results thereof.
When completed, the video and typed transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same in the manner required by law.
B. Sales cannot occur outside the time specified in the Judgment and Order of Sale. If the specified time expires, there must be a new Order setting forth a later sale date.
C. Sales may only be cancelled through the Master Commissioner's Office and Circuit Judge's Office in writing.
A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such judgment, which must appear on the motion docket. Said motion shall be accompanied by the movant's certificate as stated in CR 55.01.
It shall also have the documentation of which counsel it was "prepared by."
If the party against whom the Order or Judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
B. All criminal Judgments will be prepared and completed by the Court.
C. The Court will execute all Agreed Orders signed by all counsel of record or by the parties not represented by counsel who are affected by the Order with the exception of Orders continuing the trial of any case.
It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example below:
Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.
In the application for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney .
AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
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) .
AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .
Restitution, where victim has suffered monetary damage.
Have the Office of Probation and Parole prepare a partial pre-sentence investigation report.
The Commonwealth shall make a written recommendation to the Court in response to each application .
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk .
Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee .
Duration of the diversion.
Requirement that the defendant obey all rules and regulations imposed by Probation & Parole .
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
The order must direct the defendant not to commit an offense during diversion and to comply with applicable KRS 533.030 provisions and any other conditions imposed by the Court.
Court's wording
As required by KRS 533 .030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion . The defendant shall be specifically directed to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose .
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney. In the application 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 .
If the Court orders pretrial diversion, AOC Form 345 must be used.
Court's wording
The Court may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate. AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.
The Commonwealth must provide a written recommendation in response to every application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
When recommending diversion, the Commonwealth must recommend the diversion conditions and the appropriate sentence if the agreement is unsuccessful.
Court's wording
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) .
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.
The Order of Diversion shall include: l. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable).
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.
In the application 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 ofthe charge against him/her is waived.
The diversion order must address restitution, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533.030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion. The defendant shall be specifically directed to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).
Have the Office ofProbation and Parole prepare a partial pre-sentence investigation report.
The Commonwealth must provide a written recommendation for each application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose.
The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant upon the stated showing, using AOC Form 346.
Court's wording
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 . AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly.
The notice of the hearing shall specify the date, time, and place for the hearing.
The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.
- Document
- Order decree judgment
Must include
- •Certificate of service
When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the Court.
If counsel remain in disagreement about a proposed order after reviewing the hearing video, they must tender a joint statement to the judge with both proposed orders attached and cite the video location of the judge’s ruling.
Court's wording
In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.
An agreed order resolving a docketed motion must be signed by counsel for all affected parties, identify the motion, and state the agreement’s terms.
Court's wording
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.
A party seeking a show-cause order for contempt must file a motion supported by a sufficient affidavit showing entitlement to the order.
Court's wording
To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.
A party seeking default judgment under CR 55.01 must file a written motion accompanied by an attorney’s certificate addressing service and an affidavit stating whether the defaulting party is in military service.
Court's wording
A written motion must be filed by a party seeking a judgment by default under CR 55.01. The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.
The Order shall contain a short statement of the grounds for its issuance and the following statement: IF YOU FAIL TO APPEAR AT THE HEARING, AN ORDER FOR YOUR ARREST WILL BE ISSUED.
Interrogatories propounded under CR 33 and answers thereto, requests for production or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 shall not be filed with the Court.
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.
The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.
A motion for compensation must include an affidavit stating the appointment basis, services and fee details, and disposition information.
Court's wording
Motions for compensation shall be accompanied by an affidavit indicating: a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding have been concluded and the date of disposition.
The petition must provide full information about the child's parents and their addresses, and the petitioner must diligently try to locate the parents, including through the listed contacts.
Court's wording
2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.
1. It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction;
Filing & Service rules
Electronic Filing Rules
Motions for the Motion Docket must be filed in the county of the proceeding, with the Circuit Court Clerk or electronically, by close of business no later than seven days before the scheduled Motion Hour.
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.
Page 10 | 203.B DEADLINE FOR SERVING AND FILING MOTIONS
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties. The notice of the hearing shall specify the date, time, and place for the hearing.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties. The notice of the hearing shall specify the date, time, and place for the hearing.
Page 10 | 203.A.1 FORM OF MOTIONS
Emergency Protective Orders must be filed electronically through eque/ewarrants by a law enforcement officer or the appropriate Circuit Clerk's office.
Emergency Protective Orders shall be filed electronically by and through a law enforcement officer or the appropriate Circuit Clerk's office through eque/ewarrants.
Page 14 | 401 PROCEDURES FOR FILING AND OBTAINING EMERGENCY PROTECTIVE ORERS
Filing Timing and Cure Windows
Motions filed at least three business days before a Motion day are docketed for that day; later-filed motions are docketed on the following Motion day unless the parties agree otherwise.
The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
A response to a motion must be filed with the Clerk before the hearing date unless the Court fixes a different time.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
Signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten days of the Judge's signature.
A. All signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten (10) days of Judge's signature.
Page 5 | RULE 7 - MASTER COMMISSIONER
In the specified civil cases, prevailing-party counsel must prepare a conforming Order or Judgment within seven business days after the Order or Verdict.
A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict,
Page 6 | RULE 9 - ENTRY OF ORDERS AND JUDGMENTS AND SERVICE
A statement of appeal must be filed within 30 days after the first notice of appeal unless an extension motion is filed under CR 74; otherwise, dismissal and remand follow.
If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.
Page 8 | RULE 15 - APPEALS FROM DISTRICT COURT
An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | Procedure
An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference 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 7 | Procedure
A motion that is not timely filed must be re-noticed for hearing on a specified day and time.
All motions not timely filed shall be re-noticed for hearing on a day and time certain.
Page 10 | 203.B DEADLINE FOR SERVING AND FILING MOTIONS
Motions for the Motion Docket are due by close of business no later than seven days before the scheduled Motion Hour.
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.
Page 10 | 203.B DEADLINE FOR SERVING AND FILING MOTIONS
If counsel disagree about whether a proposed order conforms to the ruling, they must review the hearing video within five business days after notice and, if they remain in disagreement, submit a joint statement with both proposed orders attached.
In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court.
Page 11 | 204 ORDERS — A. PREPARATION
Reports from CHFS, the GAL, or other agencies must be filed within 45 days after the petition is filed unless the Court extends the deadline.
Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.
Page 12 | 301 ADOPTION PROCEEDINGS — B. REPORTS
Necessary paperwork and orders must be tendered to the Court seven days before the hearing.
Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.
Page 13 | D. FINAL HEARING DATES
The Guardian ad Litem must file the required answer or report within 60 days of appointment.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
A dissolution proceeding may not be assigned for a final contested hearing or submitted on deposition until 20 days have elapsed from the earliest listed event, or 60 days if the parties have minor children.
A proceeding for dissolution of marriage will not be assigned for a final contested hearing or submitted upon deposition until twenty (20) days (or sixty (60) days, if there are minor children of the parties) has elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a verified responsive pleading by the Respondent, whichever first occurs, following the following of the petition and issuance of the summons.
Page 19 | 707 TIME OF FINAL CONTESTED HEARING OR SUBMISSION
An action with no step indicating intent to prosecute for one year may be dismissed for want of prosecution on a party's motion or the Court's own motion.
Pursuant to CR 77.02, when any action has remained on the Civil Docket for one (1) year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party or on the Court's own motion.
Page 7 | RULE 13 - DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE
If the filing deadline falls on a day the Clerk’s Office is closed, the deadline is extended until the close of the Clerk’s Office on the preceding day.
In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day.
Page 10 | 203.B DEADLINE FOR SERVING AND FILING MOTIONS
To qualify for the stated agreed-order procedure, the signed order must be submitted to the Clerk before the docket is called.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket.
Page 11 | 204 ORDERS — B. AGREED ORDERS
A show-cause order issued after the motion and affidavit are filed may issue ex parte, and its hearing must be at least seven days after service unless the Court orders otherwise.
When this motion and affidavit are filed, an Order may be issued ex parte which shall not come on for a hearing sooner than seven (7) days from the date it is served, unless otherwise ordered by the Court.
Page 11 | 204 ORDERS — C. SHOW CAUSE ORDERS
Failure to file an answer or report within 60 days of notification of appointment may lead to sanctions and removal from the Family Court Guardian ad Litem appointment list.
The failure of the Guardian ad Litem 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 Family Court Guardian ad Litem appointment list.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
Counsel or parties may submit a proposed order, decree, or judgment on or before the hearing date.
Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.
Page 11 | 204 ORDERS — A. PREPARATION
Service and Proof of Service Rules
Unless the Court orders otherwise or good cause is shown, each party must submit its Witness List and Exhibit List to all other parties seven days before trial.
Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties.
Page 4 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES
Due notice of the deposition's time and place and of the witnesses to be deposed must be given unless the parties agree on those matters.
A. Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken unless said matters are agreed upon by the parties, as in other cases.
Page 4 | RULE 3 - VIDEO DEPOSITIONS
The Circuit Clerk must distribute Orders by mail or delivery to the persons on the Distribution list and certify distribution with a check mark, initials, and date.
The Circuit Clerk shall distribute copies of all Orders by mail or delivery to the persons listed under DISTRIBUTION, shall certify mailing or delivery by making a check mark by the person listed, and shall initial and date the same at the bottom of the Distribution list.
Page 6 | RULE 10 - DISTRIBUTION OF ORDERS
If both agreements are rejected, the Court must notify the parties and advise the defendant of the options to withdraw the plea and proceed to trial or maintain the plea knowing that the Court will impose a lawful sentence without diversion.
If the plea agreement AND the diversion agreement are rejected, the Court shall notify the parties and advise the defendant he/she has the option of withdrawing the plea and proceeding to trial, OR maintaining the plea with the knowledge the Court will not order diversion but instead will impose a sentence within the penalty range permitted by law.
Criminal cases
Page 4 | Order of Pretrial Diversion, E
Copies of motions to be heard must be served on all parties by mail, hand delivery, or electronic transmission pursuant to CR 5.02, subject to the stated exceptions.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties. The notice of the hearing shall specify the date, time, and place for the hearing.
Page 10 | 203.A.1 FORM OF MOTIONS
A show-cause order cannot be heard unless it has been served on the named person by an officer authorized to serve a summons.
No order shall come on for hearing unless it has been served on the person named in the Order by an Officer authorized to serve a summons.
Page 11 | 204 ORDERS — C. SHOW CAUSE ORDERS
If the defaulting party has appeared, the motion must be docketed and written notice must be served on that party or the party’s representative at least seven days before the noticed docket.
If a party in default has appeared in the action, the motion shall appear on a docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least seven (7) days prior to the noticed docket.
Page 12 | 205 DEFAULT JUDGMENT
A copy of the Order must be served on appointed counsel immediately after the appointment.
A copy of the Order shall be served upon any appointed council immediately following appointment.
Page 13 | 303 INVOLUNTARY TERMINATION, C. PRETRAIL DATE
Immediately after filing, the petitioner must obtain a pretrial date and serve the Order on the parents and GAL with the Petition and Summons.
Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION, C. PRETRAIL DATE
The hearing notice must be given to all necessary parties.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Page 13 | 302 VOLUNTARY TERMINATION PROCEEDINGS, C. HEARINGS
A Guardian ad Litem appointed to represent the specified respondents must notify them of the appointment and proceeding and inform them of their right to genetic testing.
C. Guardian ad Litem's appointed to represent and married infants, persons of unsound mind, or adult prisoners shall notify the respondent of his or her appointment as the Guardian ad Litem, and inform the respondent of the nature of the proceeding and of respondents right for genetic testing conducted.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
A copy of the Disposition Report must be given to counsel, pro se litigants, and the Guardian ad Litem seven days before the disposition hearing or review.
The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.
Page 17 | 607 REPORTS
Case progress reports must be delivered to each party as ordered by the Court.
The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.
Page 17 | 609 CASE PROGRESS REPORT
Reports for annual permanency reviews must be delivered to counsel, pro se litigants, and the Guardian ad litem seven days before hearing dates.
Annual permanency reviews shall be held pursuant to KRS 610.125 and all reports shall be delivered to counsel, pro se litigants, and the Guardian ad litem seven (7) days in advance of hearing dates.
Page 17 | 610 ANNUAL PERMANENCY REVIEWS
A parent or custodian intending to move with the children must give the other parent or custodian written notice at least 60 days before the move, but a domestic violence petitioner's residential address need not be included if an order exists.
Pursuant to FCRPP 7(2), if other parent or custodian intends to move with the children from his or her present residence, he or she shall give written notice to the other parent or custodian at least 60 days prior to such move. Residential addresses of domestic violence petitioners shall not be required in the notice if there is an existing domestic violence order.
Page 18 | 703 RELOCATION OF CHILDREN
A motion to modify child support will not be heard unless the required information has been exchanged at least ten days before the hearing, except by agreement or for good cause shown.
Any motion to modify child support shall comply with FCRPP 9, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
A motion to modify maintenance will not be heard unless the required information has been exchanged at least ten days before the hearing, except by agreement or for good cause shown.
Any motion to modify maintenance shall comply with FCRPP 5, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
A Final Verified Disclosure Statement must be served on the other party before a contested final hearing.
Prior to a contested final hearing a Final Verified Disclosure Statement AOC-239 shall be filed in the record and served upon the other party.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Each party must serve the other with a Preliminary Verify Disclosure Statement within 45 days after service of the petition, unless good cause is shown or the parties agree otherwise.
Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information. The exchange of these disclosures shall occur within forty-five (45) days of service of the petition on the Respondent.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Each party must provide signed releases for relevant information when requested, subject to the stated good-cause or agreed-order exception.
Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Counsel must receive the dispositional report at least two business days before the disposition hearing.
At least two (2) business days prior to the disposition hearing, counsel shall receive a dispositional report to assist in final disposition.
Page 21 | 808 DISPOSITIONAL REPORT
The CDW must certify a copy for the County Attorney, DYS, DJJ, and Court/School Liaison, and the certification also applies to orders entered in status proceedings.
If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40, and the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ), and the Court/School Liaison. This certification shall apply to any orders entered by the Court in the status proceedings.
Page 21 | 804 DOCUMENTS TO ACCOMPANY PETITIONS
The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if noncompliance or unsatisfactory progress is shown.
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 | Voiding a Diversion Order, A
The Judge may allow specified hearings to proceed despite nonservice on a non-custodial parent if the petitioner establishes the required diligent service efforts on the record and that parent is not the named perpetrator.
The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that petitioner has made diligent 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, and that parent is not the named perpetrator of the alleged neglect or abuse.
Page 16 | 603 THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODY AND CONTROL OR SUPERVISION
A party may apply for an order compelling disclosure exchange or execution of a release after reasonable notice to the other parties and affected persons.
A party, upon reasonable notice to other parties and all persons affected thereby may apply for an order compelling the exchange of the Verified Disclosure Statements or the execution of a release, and the Court may assign the cost of obtaining the order, including attorney's fees, to the party or attorney whose conduct necessitated the motion.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Current financial documentation need not be exchanged for post-decree motions to enforce maintenance or child support orders.
The exchange of current financial documentation shall not be required for post decree motions to enforce maintenance or child support orders.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
Filing Fees and Waivers
If a sale is cancelled, the Master Commissioner Fees and Costs must be filed and paid in accordance with law.
D. If a sale is cancelled, the Master Commissioner Fees and Costs will be filed and paid in accordance with the Law.
Page 5 | RULE 7 - MASTER COMMISSIONER
Any costs required by the Civil Rules must be paid with the proper notice of appeal before the Circuit Clerk places a copy for the Circuit Judge.
Upon the filing of a proper notice of appeal in the District Court, and the payment of costs as may be required by the Civil Rules, the Circuit Clerk shall place a copy of the notice of appeal in the box of the Circuit Judge.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
Courtesy Copy Requirements
If counsel believes a motion will be contested, a copy of the notice and motion must be furnished to the Judge when notice is served on the adverse party, either at the stated address or by email.
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested)
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
Sealing & Redaction Procedures
When filed material contains personal identifiers, parties must file a redacted copy for the record and a separate unredacted copy designated to be sealed, as required by CR 7.03.
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 by filing one copy from which any personal data has been redacted for the record and filing an unredacted copy designed to be sealed.
Page 22 | 901 PERSONAL IDENTIFIERS
The Circuit Court Clerk’s Offices must not release copies of family court videos of in-chambers interviews with children without a specific written order from the presiding family court judge.
The Circuit Court Clerk's Offices in the 39" Judicial Circuit shall not release any copies of family court video in chamber interviews with children without a specific written order from the presiding family court judge.
Page 22 | 902 VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
The clerk must provide a marked envelope in the specified records, place designated unredacted documents in it when filed, and keep the envelope from unauthorized persons.
C. The clerk of the court shall place a marked envelope for filing sealed documents in each unsealed record filed under the jurisdiction of the 39th Judicial Circuit when the action is commenced or when unredacted documents are filed and have been designated as containing personal identifying information to be sealed. The clerk shall place the unredacted documents in the envelope when filed, and shall not release the envelope to any unauthorized person.
Page 22 | 901 PERSONAL IDENTIFIERS
Access to an unredacted sealed copy containing personal identifiers is limited to the listed parties, court personnel, authorized Cabinet personnel, and persons authorized by court order.
B. The clerk of the court shall allow the unredacted sealed copy of the pleading. document, or exhibit containing personal identifiers to be assessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized or 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 orders of the Court.
Page 22 | 901 PERSONAL IDENTIFIERS
Pre-Motion Conference Requirements
Before filing the covered discovery motions, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it between themselves.
A motion to compel disclosure statements, releases, discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 10 | 203.A.2 FORM OF MOTIONS
Adjournment & Extension Requirements
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
Page 3 | RULE 2 - CONTINUED MOTIONS
After a trial date is set, a continuance may be granted only if the reasons were both unavoidable and unforeseeable on the setting date.
D. Once a trial date has been set, neither party shall be granted a continuance unless the Court is satisfied that the reasons were both unavoidable and unforeseeable on the setting date.
Page 5 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES
A respondent may be entitled to a continuance if served less than seven days before the noticed hearing date.
The Respondent shall appear on the date noticed for hearing, but may be entitled to a continuance if served less than seven (7) days from the date noticed.
Page 11 | 204 ORDERS — C. SHOW CAUSE ORDERS
Chambers Communication Rules
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381
Criminal cases
Page 8 | Procedure
The Commonwealth may request the criminal record check by faxing the request to the stated AOC fax number.
or faxing the request to (502) 573-1669.
Criminal cases
Page 8 | Procedure
Criminal-record-check requests must not be made to the local Pretrial Service Officer.
No such requests shall be made to the local Pretrial Service Officer.
Criminal cases
Page 8 | Procedure
After the statutory periods are met and the GAL and CHFS reports are filed, petitioner’s counsel must obtain a hearing date directly from the Court, with notice to the necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s). on notice to the necessary parties, and after the Guardian ad Litem report and CHFS report has been filed, shall obtain a hearing date directly from the Court.
Page 12 | 301 ADOPTION PROCEEDINGS — C. HEARING DATES
Attorneys must promptly inform the Court of any partial or complete settlement, or of a continuance of a matter set for hearing or trial.
They will promptly inform the Court of any settlement, partial or entire, with any party or the continuance of any matter set for hearing or trial.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
Attorneys must be punctual and promptly notify the Court and all other counsel of circumstances requiring absence or tardiness.
Attorneys shall be punctual in all court appearances and shall give prompt notice to the Court and to all other counsel in the case of any circumstances requiring his or her absence or tardiness.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
Petitioners seeking to file civil contempt charges should contact their respective Circuit Court Clerk's Office.
Their respective Circuit Court Clerk's Office if they seek to file civil contempt charges.
Page 6 | Contempt Proceedings
If parties believe issues require attention before trial, they are encouraged to contact the Judge's office by phone to arrange a special pretrial conference time or a telephone conference.
If any of the parties feel there are issues that must be addressed prior to trial via a pretrial conference, the parties are encouraged to contact the Judge's office at 606-666-7130 or at lisawhisman@kycourts,net and either a special time and date will be set for a pretrial conference or a pretrial telephone conference may be held.
Page 4 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES