Breckinridge County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file specified subpoena or service information with the Clerk at least two days before the motion and be prepared to explain service efforts.
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Document Format Requirements5 rules
The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).
A verified motion in a dissolution or child custody proceeding must be filed on AOC 275.1 as a Petition.
Court's wording
If a verified motion is filed in the dissolution or child custody proceeding, the motion must be filed on AOC 275.1, as a Petition, pursuant to KRS 403.730(2), and shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
The movant shall use AOC Form 347 or a form of approved by this Court which shall be styled, "Motion for Pre-trial Diversion of a Class "D" Felony".
If an original is filed in addition to the faxed document, it must conform exactly to the facsimile copy.
Court's wording
In the event any party desires to file the original document in addition to the facsimile previously filed to meet the docket deadline, (if the Court or DRC determines the original is needed for purposes of legibility, to prove an original signature or for some other reason), the filed original shall be the document which conforms exactly to the facsimile copy.
The initial moving party’s Verified Financial Disclosure must follow the form and fashion set forth in DrR Form 1.
Court's wording
In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.
Document Filing Requirements119 rules
A diversion report shall be prepared by the Pretrial Service Office of the Court and such report shall contain basic pretrial information, record of any past offenses and
B. If the County Attorney refuses to consent to the Defendant's participation in the Diversion Program, hc/she shall state on the record the reasons therefore.
Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.
Where the termination is prior to the expiration of the contract period and without the consent of the pretrial officer, the pretrial officer shall refer the case to the County Attorney, who shall file a written motion requesting that the case be placed on the criminal docket for sentencing.
The contract shall be presented for final approval to the Trial Judge at the time of the entry of a plea,
The Diversion Contract shall further contain any special terms required by the Trial Judge.
The diversion contract must specify its conditions, referral services, length, and any required restitution or community service.
Court's wording
Upon agreement of the County Attorney and the Defendant regarding participation in the Diversion Program, the accused shall meet with the pretrial officer to establish and agree to a formal contract, which shall specify the conditions required, the referral services to be used, the length of the contract, and the need, it any, for the accused to make required restitution or perform community service.
At any time the accused may voluntarily choose to terminate participation in the Diversion Program by submitting a written statement indicating same.
A pleading for a matter on the Domestic Relations Commissioner’s docket must state the specified hearing notice in its Notice section.
Court's wording
Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of local prevailing time, or as soon thereafter as may be heard
Any unrepresented party who signs and acknowledges appearance and waiver or agreement shall do so before a notary or deputy circuit clerk.
No entry and appearance shall be signed prior to the filing of the petition.
All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
The respondent must execute a waiver acknowledging receipt and accuracy of the financial disclosure, lack of advice from the petitioner's attorney, and the opportunity to seek separate counsel and whether counsel was sought or declined.
Court's wording
B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.
- Document
- Commissioner report or recommendation
Must include
- •Findings of fact and conclusions of law.
The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission.
Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.
The Respondent shall sign the Waiver in front of a notary (not an employee of the Petitioner's counsel) or the Clerk/Deputy Clerk at the Circuit Court Clerk's Office.
The parties must prepare and exchange the listed financial disclosures, statements, supporting documents, and other materials requested by the mediator for mediation.
Court's wording
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.
At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).
Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other filing
Must include
- •Case number
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases.
An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.
- Document
- Motion
Must include
- •Set forth the purpose of the request
In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.
- Document
- Submission for final adjudication
Must include
- •AOC Form 280
and (2) the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases (if applicable) pursuant to FCRPP 9(2).
It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1);
In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.
At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.
(A) An Agreed Order which names the "new" counsel and is signed by all parties;
The Plaintiff must furnish an expert-witness list at least 120 days before trial, including each expert’s contact information, expected opinion, supporting facts, and qualifications.
Court's wording
In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of the opinion which he/she is expected to give, the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.
In civil matters, the parties must exchange complete witness and exhibit lists at least 90 days before trial, with the offering party providing the specified summaries.
Court's wording
7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.
The Defendant must furnish an expert-witness list at least 90 days before trial with the specified contact, opinion, factual-basis, and qualification information; treating physicians who are fact and expert witnesses are treated as experts for timing purposes.
Court's wording
The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness. Any witness who is both a fact witness and an expert witness (i.e. treating physician) shall, for the purpose of these timing provisions, be treated as an expert.
7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.
When a civil action set for trial settles, the parties must immediately notify the Clerk and presiding Judge by an agreed order remanding the matter and stating the settlement terms and conditions.
Court's wording
7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.
A continuance request based on an absent necessary witness must be supported by a subpoena copy or a memorandum with the specified service details, and counsel must be prepared to explain service efforts.
Court's wording
In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Except for motions heard before the Domestic Relations Commissioner, each motion requesting judicial relief must include a proposed order stating the requested relief and the specified attorney information.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.
Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.
Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.
A motion seeking an additional fee for a Guardian ad Litem must be accompanied by an affidavit supporting its basis; otherwise, the Clerk pays the deposited fee upon final judgment or another court order acknowledging completion of the appointment.
Court's wording
Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.
Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.
The mediator must report the mediation’s status and may, with the parties’ consent, identify matters that could facilitate settlement.
Court's wording
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
An agreement reached during mediation must be written and signed by the parties; the mediator may assist with drafting if they consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
A motion seeking judicial sale of property must include an attorney affidavit documenting the specified title search and an attached title opinion containing the required information.
Court's wording
Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency.
A motion for default judgment must include a Servicemembers' Civil Relief Act affidavit and an attorney affidavit stating the defendant's default and the absence of papers served or received.
Court's wording
If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003; and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.
Each motion for default judgment or summary judgment and order of sale must include an affidavit with the specified knowledge and account, debt, cost, and default information.
Court's wording
Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following: i. An affidavit signed by and sworn to by an individual(s) with personal knowledge or responsibility of the account or obligation for which judgment is sought or been previously awarded setting forth: (a) the name of the person(s) and/or entity(ies) owing the obligation, debt or judgment; (b) the amount owed with interest if any; (c) a schedule of costs; and, (d) the facts which constitute the default or acceleration of the obligation;
The proposed judgment and order of sale must include the specified public-auction, appraisal, advertising, and sale-term provisions.
Court's wording
The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid."
The proposed judgment and order of sale must state how the court acquired jurisdiction over each party, using the specified service-and-date wording.
Court's wording
A proposed judgment and order of sale, which contain the following provisions: 1. A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE)."
The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).
The Commissioner shall file his/her report of sale with the Clerk of the Court,
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk and a copy tendered to the Master Commissioner.
A pleading for a matter to be heard on the Domestic Relations Commissioner’s docket must include the specified notice in its Notice section.
Court's wording
Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: "Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."
Every initiating pleading filed with the Clerk must include a cover sheet signed by the Plaintiff or the Plaintiff’s counsel that identifies the parties, action, court, jury-trial request, and each defendant’s name, address, and required process type.
Court's wording
All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed.
When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).
The Commonwealth shall make a written recommendation to the Court in response to each application.
The movant shall use AOC Form 347 or a form of approved by this Court which shal. be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney. As with all other motions, the same shall be filed with the Circuit Court Clerk.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
In a dissolution action where pleadings refer to marital property or debt incurred during the marriage, the initial moving party must prepare and file a Verified Financial Disclosure statement.
Court's wording
In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.
Filing & Service rules
Filing Timing and Cure Windows
Petitions must be reviewed within an hour of presentation to a judge or trial commissioner unless neither is available.
Petitions will be reviewed within an hour of presentation to a Judge or Trial Commissioner unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 2 | II. TWENTY-FOUR HOUR ACCESSIBILITY
A matter must be filed at least five business days before its scheduled hearing to be docketed, unless the court grants leave.
Note: In order to ensure proper notice to all parties, no matter will be docketed, except by leave of court, within five business days of the scheduled hearing. For example, a matter to be heard Wednesday must be filed with the circuit court clerk the preceding Wednesday to meet the requirement.
Page 1 | Note
Unless good cause is shown, a motion for Motion Day must be filed by facsimile or as an original with the appropriate Clerk by close of business on the fifth business day before that Motion Day.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than the close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Page 4 | 2.03 MOTION DAY DOCKET DEADLINE
If no objections are filed and the motioning attorney notifies the clerk, the report will be submitted to the presiding judge on the fourteenth day after notice was served.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Page 5 | 2.06 Non-Motion Day Hearing
If no objection is filed within ten days after service of the summons, petition, and motion, the court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 6 | 5.03 STATUS QUO ORDERS
For an uncontested matter to be submitted orally before the Commissioner, the parties must submit the motion immediately after any statutory limitation expires.
If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.
Page 6 | 5.06
The Commissioner must submit the report to the court within ten working days thereafter.
The Commissioner shall submit his/her report to the Court within ten (10) working days thereafter.
Page 6 | 5.06
An agreed order modifying an existing order or condition must be noticed and docketed on the DRC docket before submission to the Judge.
Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.
Page 7 | DOMESTIC RELATIONS PRACTICE
Appearing counsel may not withdraw from a pending matter unless a motion based on good cause is filed at least 60 days before trial.
Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Absent good cause, a facsimile copy or original of each motion for Motion Day must be filed with the appropriate Clerk by close of business on the fifth preceding business day, for docketing purposes only.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday) This rule is not intended and does not modify the applicable procedural rules regarding Notice; instead, this rule is adopted solely for docketing purposes.
Page 10 | 3.06 MOTION DAY DOCKET DEADLINE
Unless good cause is shown, motions in limine and other motions that must be heard before trial must be noticed for hearing by the final pre-trial conference date.
Except for good cause shown, motions in limine and all other motions which are necessary to be heard prior to trial shall be noticed for hearing no later than the final pre-trial conference date.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
The subpoena copy or alternative service memorandum must be filed with the Clerk at least two days before the continuance motion.
In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Page 16 | Procedures in Criminal Cases
Except for good cause, motions to be heard on Motion Day must be filed by close of business on the fifth business day before that day, with the stated county-specific preceding weekdays.
Except for good cause shown, all Motions to be heard on Motion Day must be filled with the Clerk of the Circuit wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Page 17 | Rule 9 - Motion Practice
A Warning Order or Military Warning Order Attorney must file a motion for an additional fee with supporting affidavit before or at the same time as the report, or the attorney is deemed to accept the standard fee.
Failure of the Warning Order/Military Warning Order Attorney to file a Motion and supporting affidavit for additional fee prior to or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A Guardian ad Litem must file a motion for an additional fee with supporting affidavit before or at the same time as the report, or the Guardian ad Litem is deemed to accept the standard fee.
Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
Appearing counsel may not withdraw while the matter is pending unless counsel moves to withdraw based on good cause and files the motion at least 60 days before trial.
Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Page 26 | Miscellaneous Provisions
An eligible person may apply for pretrial diversion no later than 45 days before the scheduled trial.
After indictment ic. circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Common tealth for entry of a pretrial diversion order.
Page 29 | PROCEDURE
For an uncontested matter to be submitted orally before the commissioner, the parties must submit a motion immediately after the applicable statutory limitation expires.
If to be submitted orally before the commissioner in uncontested matters, the parties shall submit a motion to subrit the action before the commissioner immediately upon the expiration of any statutcry limitation.
Page 33 | DrR 3.03
The commissioner must submit the report to the Court within seven working days thereafter.
The commissioner shall submit his/her report to the Court within seven (7) working days thereafter.
Page 33 | DrR 3.03
The responding party must file the required disclosure within 30 days after service of civil summons or filing of the Petitioner’s disclosure, whichever occurs later.
The responding party, upon whom the initial moving party's pleadings are served, shall be required to file a VFI within thirty (30) days of service of civil summons or filing of the Petitioner's VPD, wiichever is later.
Page 34 | DrR 6.01
A motion and its notice must be filed with the Clerk at least five working days before the hearing date for the motion to be assigned to a docket.
The Clerk of each Court shall establish a separate Domestic Relations Docket Sheet, which shall not be co-mingled with matters to be heard by the Court. The Clerk will not assign any motion to a cocket unless the motion and notice shall have been filed in the clerk's office at least five (5) working days prior to the date set for hearing.
Page 34 | DrR 4.02
The initial moving party must file the VFD within 45 days after filing the pleading that initiates the legal process.
The initial movin? party's VFD shall be required to be filed within forty-five (45) days of filing of the pleading initiating legal process (i.e. Petition for Dissolution, etc.).
Page 34 | DrR 6.01
For the stated restriction on review of a pendente lite order to apply, written notice of the hearing must be filed at least five days before the hearing after civil summons has been served.
In pendente lite matters. if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Page 34 | DrR 3.06
Unless the Court orders otherwise, the Judge must immediately sign the recommended order and the Clerk must enter it by the close of the fifth business day after delivery.
Unless otherwise ordered, the recommended order shall be immediately signed by the Judge and entered by the Clerk on or before the close of the fifth business day after it has been so delivered.
Page 34 | DrR 3.05
In pendente lite matters, the DRC’s recommended order and case file must be delivered to the Judge within five days of the hearing.
In pendente lite matters, the DRC's recommended order and casc file shall be delivered to the Judge of the Cour within five (5) days of the hearing.
Page 34 | DrR 3.05
An eligible person may apply for pretrial diversion after indictment, but no later than 45 days before the scheduled trial.
After indictment in circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 3 | III. PROCEDURE
At the Commissioner's discretion, parties may be required to file proposed findings, conclusions, and an order or judgment within 15 days after a pendente lite or final hearing; the Commissioner's report period begins at that time.
At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.
Page 7 | DOMESTIC RELATIONS PRACTICE
When a civil summons has been served and written notice of a pendente lite hearing was filed at least five business days before the hearing, review of the order is limited to cases showing serious endangerment or a substantial change of circumstances since the hearing.
In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) business days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Page 7 | DOMESTIC RELATIONS PRACTICE
Petitions must be reviewed within an hour after presentation to a Judge or Trial Commissioner, unless that review is impossible because no Judge or Trial Commissioner is available.
Petitions will be reviewed within an hour of presentation to a Judge or Trial Commissioner unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | II. TWENTY-FOUR HOUR ACCESSIBILITY
Service and Proof of Service Rules
When a case is transferred due to a pending dissolution or custody matter, the initiating court must reissue an unserved summons for up to fourteen days or for the period the court determines necessary to protect the petitioner.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner.
Page 1 | I. UNIFORM PROTOCOL FOR PROCESSING CASES
Before rescinding participation in the Diversion Program, the Court must hold a hearing and provide notice to the Commonwealth and the Defendant.
A. After a hearing, with notice to the Commonwealth and to the Defendant, the Court may rescind a person's participation in the Diversion Program upon a showing of failure to comply with the conditions of the Diversion Program or failure to make satistactory progress.
Criminal cases
Page 5 | V. RESCINDING A DIVERSION PROGRAM ORDER
The clerk must include a copy of the motion for service with the summons and petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 6 | 5.03 STATUS QUO ORDERS
After a party has appeared before the court, service must follow the Rules of Civil Procedure.
After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Page 6 | 5.05
The respondent must give the petitioner notice of the motion without the clerk's assistance.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 6 | 5.03 STATUS QUO ORDERS
If the adverse party is not personally before the court, the motion must be served in the manner required for service of a summons.
If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.
Page 6 | 5.05
The movant's affidavit(s) supporting a motion must be served on the adverse party with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Page 6 | 5.05
A matter to modify an existing order or condition cannot be heard without appropriate service on and notice to all parties.
but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Page 7 | DOMESTIC RELATIONS PRACTICE
Previously ordered time-sharing or visitation remains in effect unless modified through appropriate notice, motion, and hearing.
All time-sharing/visitation previously ordered by this or any other Court shall remain in force and effect and shall remain unchanged unless subsequently modified upon appropriate notice, motion and hearing.
Page 8 | TIME-SHARING/VISITATION
At least five working days before mediation, the parties must exchange and provide the mediator with the specified financial disclosures, issue and case-problem statement, supporting asset and debt documents, and any materials requested by the mediator.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.
Page 8 | MEDIATION
The motion requesting an order for confidential video records must be accompanied by notice to all parties, including the child's Guardian Ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.
Page 11 | 6.06 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
When a case is transferred to another circuit and the adverse party has not been served by the transfer date, the initiating court must reissue the summons and the emergency protective order continues for up to fourteen days or as the court determines necessary for the petitioner's protection; the transfer court reissues the summons as needed thereafter.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 14 | I. UNIFORM PROTOCOL FOR PROCESSING CASES
Substitution or withdrawal of counsel may be made by leave of Court upon a proper motion with notice to all parties.
(B) Leave of Court upon proper motion with notice to all parties.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
The parties must exchange witness and exhibit lists at least 90 days before trial.
7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.
Page 15 | Procedures in Regular Civil Cases
The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment and thereafter as permitted by criminal rule.
The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.
Page 16 | Procedures in Criminal Cases
The Clerk of the Court must promptly serve notice that the report of sale was filed on all parties entitled to notice of entry of a final judgment.
who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.
Page 24 | Judicial Sales
Serve the Master Commissioner with a copy of the tendered judgment and order of sale when the motion is filed.
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
Page 24 | Judicial Sales
A domestic-relations proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.
Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Page 25 | Domestic Relations Proceedings
A successful diversion completion motion must include notice to the Commonwealth before the plea may be vacated and expunged.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | VI. COMPLETION OF DIVERSION PROGRAM
The court may void a defendant’s diversion participation after an evidentiary hearing and notice to the defendant if the defendant failed to comply or make satisfactory progress.
After an evidentiary hearing, with notice to the defendant, the Court may voi: 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.
Page 32 | V. VOIDING A DIVERSION ORDER
The movant’s affidavit(s) supporting a motion must be served on the adverse party with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Page 33 | DrR 3.02
A motion must be served on an adverse party using summons service when that party is not personally before the Court, and otherwise under the Rules of Civil Procedure.
If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Page 33 | DrR 3.02
Except for emergency ex parte motions, the adverse party must be served notice of a motion at least five working days before the hearing.
No motion, other than emergency ex parte motions, shall be heard by the court unless the adverse party has been served with notice of the bringing of the motion at least five (5) working days prior to th:: date set for the hearing.
Page 35 | DrR 7: Notices
In permanent-custody actions, each party must provide the other party a list of expected witnesses, with their names and addresses, at least 30 days before the hearing.
6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.
Page 35 | Domestic Relations Proceedings, 6.04
The certificate of service records that a true and correct copy was delivered by first-class, postage-prepaid mail to the listed attorney.
• I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to: Attomey Address Telephone number with area code
Page 44 | CERTIFICATE OF SERVICE
After an evidentiary hearing, with notice 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.
After an evidentiary hearing, with notice 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 6 | VOIDING A DIVERSION ORDER
After successful completion, a motion with notice to the Commonwealth is required for the guilty plea to be vacated and expunged.
If the defendant successfully completes the provisions of the pretrial diversion agreement, then upon motion. with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpate the Defendant for any purpose to the extent permitted by law.
Criminal cases
Page 6 | COMPLETION OF DIVERSION PROGRAM
For receipt of notices and motions in post-judgment practice, counsel of record is presumed to stop representing a party 30 days after a final, appealable order or decree if no appeal is taken.
For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.
Page 12 | 6.09 RESPONSIBILITY OF COUNSEL
days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.
days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.
Page 25 | Judicial Sales
For receipt of post-judgment notices and motions, counsel of record is presumed to cease representing a party 30 days after entry of a final, appealable order or decree if no appeal is taken.
For purposes of responsibility for the receipt of notices and motions in post judgmerit practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.
Page 35 | DrR 8: Responsibility of Courgel
Any party may serve written objections to the report on the other parties.
any party may serve written objections thereto upon the other parties.
Page 5 | 2.06 Non-Motion Day Hearing
A proceeding may be restored to the Court Docket after being stricken without notice.
Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice
Page 7 | DOMESTIC RELATIONS PRACTICE
Filing Fees and Waivers
A $50 reopening fee is not charged for specified Title IV-D child-support motions, but is charged for specified later motions filed by a private attorney or pro se party unless the motion is in forma pauperis.
Pursuant to FCRPP 14(1) a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, visitation or shared-parenting time are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 10 | DrR Rule 6 - MISCELLANEOUS RULES RELATING TO DOMESTIC RELATIONS PRACTICE; 6.01 REOPENING FEE
The Clerk must collect a $15 cost in each original Domestic Relations action for the Commissioner's fee in uncontested matters.
7.01 Pursuant to FCRPP 4(5), in each original Domestic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the Commissioner in uncontested matters.
Page 12 | DrR Rule 7 - COSTS
The Domestic Relations Commissioner receives $60 per hour, assessed at $15 for each quarter hour or part thereof.
7.02 Pursuant to FCRPP 4(5), the domestic relations commissioner shall receive a fee of $60 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof.
Page 12 | DrR Rule 7 - COSTS
A $15 fee is due when any motion for hearing is filed and covers the first quarter hour; additional hearing fees are due within five working days after the hearing and are paid as directed by the Court.
A fee of $15 shall be paid upon the filing of any motion for hearing and will cover the first quarter hour or any portion thereof of the hearing on the motion. Any fee due for hearings beyond a quarter of an hour will be due 5 working days following any hearing and will be paid by the parties as directed by the Court.
Page 12 | DrR Rule 7 - COSTS
7.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP
7.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP
Page 13 | COSTS
The $15 fee must be paid for a motion to be docketed, outstanding hearing balances prevent additional motions from being docketed, and the payment requirement does not apply to the stated exceptions.
not accompanied by the $15 fee will not be docketed; and, when there is an outstanding balance for hearings held, additional motions will not be docketed until the balance is paid in full. In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IV-D child support matters or parties proceeding in forma pauperis.
Page 13 | COSTS
A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $125 advance fee with the Clerk when requesting appointment, except if permitted to proceed in forma pauperis.
10.02 Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of ONE HUNDRED TWENTY FIVE ($125.00) DOLLARS as an advanced Warning Order/Military Warning Order fee. Said fee shall include the cost of postage anticipated to be incurred by the Warning Order/Military Warning Order Attorney.
Page 2 | 10.02 Warning Order Attorney, Military Warning Order Attorney and Guardian Ad Litem
Unless a motion for an additional fee with supporting affidavit is filed, the Clerk must pay the deposited fee to the Guardian ad Litem upon final judgment or another court order acknowledging completion of the appointment.
Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
The Clerk must pay the deposited fee to the Warning Order or Military Warning Order Attorney when the presiding judge enters an order acknowledging the report was filed in satisfaction of the appointment, unless a motion for an additional fee with supporting affidavit is filed.
Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A party seeking appointment of a Guardian ad Litem must deposit a $250 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of two hundred and fifty ($250.00) dollars as an advance Guardian ad Litem tee.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $100 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of one hundred ($100.00) dollars as an advanced Warning Order/Military Warning Order Attorney fee.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A party designated by the Domestic Relations Commissioner, except one permitted to proceed in forma pauperis, must pay the anticipated regular hourly fee to the Circuit Court Clerk at least five days before the hearing; if unpaid, the Commissioner may cancel the hearing without notice.
any partyies) as designated by the Domestic Relations Commissioner (except one permitted to proceed in forma pauperis) shall be required to pay to the Circuit Court Clerk at least five (5) days in advance of the Domestic Relations Commissioner's hearing the anticipated Domestic Relations Commissioner's regular hourly fee for the anticipated time allocated as set forth in the Domestic Relations Commissioner's Order setting the hearing. The Court may subsequently order and award the advanced Domestic Relations Commissioner's fees for or against party(ies) in conformity with the law. If not paid as set forth above, the Domestic Relations Commissioner may cancel the hearing without notice.
Page 26 | Domestic Relations Proceedings
The initial Domestic Relations Commissioner's fee is paid upon filing in the Circuit Court Clerk’s office.
In addition to the initial Domestic Relations Commissioner's fee paid upon filing in the Circuit Court Clerk's office,
Page 26 | Domestic Relations Proceedings
Vacating and expunging the plea after successful diversion completion is conditioned on payment of any appropriate fee or charge, except for good cause shown.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | VI. COMPLETION OF DIVERSION PROGRAM
The Clerk must collect a $15 fee for the Domestic Relations Commissioner in each original domestic-relations action.
9.01 In each original Domcstic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the commissioner in uncontested matters.
Page 35 | DrR 9: Costs, 9.01
When a Motion Day hearing fee exceeds $15, the commissioner must consider both parties' financial resources and the cause of the motion, and the fees must be paid to the Clerk within ten days after the hearing.
9.03 In the event the Commis: ioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the caus: for the motion. The bill shall be sent in care of the party's attorney. The fees shall he paid to the Clerk of the Circuit in which the action is pending within ten days of the hearing.
Page 36 | DrR 9: Costs, 9.03
For each post-initial regular Motion Day hearing, the moving party must pay a $15 fee in advance, subject to stated exemptions and a refund if the motion is remanded with timely notice.
9.02 For each hearing after the initial hearing scheduled on a regular Motion Day, the motioning party shall pa;' in advance the sum of $15.00 with the Clerk of the Court as costs collected for Domestic Relations Commissioner. The fee shall be payable to the Commissioner pursuant :0 DrR 9.04. In the event the motionir g party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must before Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IVD child support matters or partie: proceeding in forma pauperis.
Page 36 | DrR 9: Costs, 9.02
Payment of any appropriate fee or charge is required for vacation and expungement after successful completion, unless good cause is shown.
If the defendant successfully completes the provisions of the pretrial diversion agreement, then upon motion. with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpate the Defendant for any purpose to the extent permitted by law.
Criminal cases
Page 6 | COMPLETION OF DIVERSION PROGRAM
The fee is refunded if the motioning party remands the motion before the hearing and notifies the clerk and Domestic Relations Commissioner by the county-specific deadline.
In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day.
Page 13 | COSTS
The Clerk must remit the Commissioner's fees and costs received to the Commissioner once each month.
7.04 Pursuant to FCRPP 4(5), the Clerk shall remit to the Commissioner the Commissioner's fees and costs received once each month.
Page 13 | COSTS
For extraordinary postage expenses or public advertisement costs over $25, the Warning Order or Military Warning Order Attorney may file notice and apply for additional costs.
In the event of extraordinary postage expense or public advertisement costs in excess of $25.00, the Warning Order/Military Warning Order Attorney may file notice and application for additional costs.
Page 2 | 10.02 Warning Order Attorney, Military Warning Order Attorney and Guardian Ad Litem
The Domestic Relations Commissioner may bill either party additional fees when appropriate.
This rules does not prech de the Domestic Relations Commissioner from billing either party additional fees if appropriate.
Page 36 | DrR 9: Costs, 9.02
Sealing & Redaction Procedures
Except as provided in paragraph B, when covered filings or exhibits contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 10 | 6.03 PROTECTION OF PERSONAL IDENTIFIERS
The Clerk's Office must not release a video of an in-chamber interview with a child without a specific written order from the Circuit Judge.
Pursuant to FCRPP 17, the presiding Circuit Court Clerk's Office shall not release any video in-chamber interviews with children without a specific written order of the Circuit Judge.
Page 11 | 6.05 VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
The Clerk's Office must not release copies of confidential video records without a specific written order from the presiding Judge, except in Paternity actions.
The Circuit Court Clerk's office shall not release any copies of confidential video records, except for Paternity actions, without a specific written order from the presiding Judge.
Page 11 | 6.06 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
The Clerk must keep the Title Opinion under seal, subject to inspection by the listed persons or by court order.
Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court;
Page 22 | 12.03(A)
Documents filed in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited statutes.
B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 11 | Confidential records
A party or counsel may move to obtain copies of confidential portions of the record, subject to the presiding judge's review and order.
A party and/or counsel may file a motion to obtain copies of any portion of the record which is confidential which shall be subject to review and order of the presiding judge.
Page 12 | 6.08 RECORDING DEVICES
Adjournment & Extension Requirements
Good cause is required for a motion to withdraw while a matter is pending.
Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Page 12 | 6.09 RESPONSIBILITY OF COUNSEL
A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file specified subpoena or service information with the Clerk at least two days before the motion and be prepared to explain service efforts.
In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Page 16 | Procedures in Criminal Cases
The mediator may suspend or terminate mediation if the mediator considers further mediation inappropriate or either party requests it.
The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation or at the request of either party.
Page 9 | E. ADJOURNMENT
Chambers Communication Rules
The parties must contact the court's secretary about pending hearings concerning issues resolved in mediation.
The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 10 | H. COMPLETION OF MEDIATION
When an action set for trial settles, the parties must immediately notify the Clerk of the Court and the presiding Judge.
Upon the settlement of any action set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge of the fact of settlement. (See Rules 7.09 and 7.10)
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
For a criminal record check, the Commonwealth must telephone the Administrative Office of the Courts’ Pretrial Service Division; the request must not be sent to the local Pretrial Services Officer.
Have a criminal record check made by telephoning the Administrative Office of the Courts, Pretrial Service Division, at 1-800-928-6381, or faxing the request to (502) 573-1669. The request shall not be sent to the local Pretrial Services Officer.
Page 29 | PROCEDURE
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or County Attorney.
B. Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Page 3 | MI. CONTEMPT PROCEEDINGS
Parties may select trial dates with the presiding judge’s secretary; telephone scheduling is permitted only when all parties are represented in the conference, and the Court shall enter an order recording the date.
Trial dates may be selected by the parties together with the secretary of the presiding judge and an order recording said date shall be entered by the Court. Scheduling of trial dates may be arranged telephonically so long as all parties are represented in the conference at the time the date is selected.
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth day after notice was served if the motioning attorney notifies the clerk.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Page 25 | Judicial Sales
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or the County Attorney.
Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Page 16 | III. CONTEMPT PROCEEDINGS
An attorney who does not want these appointments may request removal from the list by submitting written notification to the Circuit Court Clerk.
Any attorney not wishing to receive such appointments may have his/her name removed from the list by submitting written notification of same to the Circuit Court Clerk.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem