Breathitt Circuit Court Filing Rules

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.

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.

Counsel or parties may submit a proposed order, decree, or judgment on or before the hearing date.

Attorneys must promptly inform the Court of any partial or complete settlement, or of a continuance of a matter set for hearing or trial.

Proposed orders must be separate styled instruments and may not appear on the same page as the motion.

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.

Emergency Protective Orders must be filed electronically through eque/ewarrants by a law enforcement officer or the appropriate Circuit Clerk's office.

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.

If a sale is cancelled, the Master Commissioner Fees and Costs must be filed and paid in accordance with law.

The notice of service under CR 33, CR 34, and CR 36 is limited to one page.

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.

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.