Butler Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements1 rule
PREFERED FORMAT FOR JUDGMENT & ORDERS OF SALE TO SHOW THE DATE AND TYPE OF SERVICE ON THE DEFENDANT(S).
Formatting
- •Preferred format shows the date and type of service on the defendant(s)
Document Filing Requirements38 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
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 .
The Order of Diversion must address applicable restitution, supervision status and fees, duration, and the defendant’s required conduct during diversion.
Court's wording
The Order of Diversion shall include : 1 Restitution, if applicable . 2 Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 Duration of the diversion . 4 Require defendant to obey all rules and regulations imposed by Probation & Parole . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
A motion submitted for determination without oral hearing must include a brief supporting statement and the specified LRP 13 notice.
Court's wording
If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.
Any such response shall include a brief written statement supporting the respondent's position on the motion.
An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard being used and attach a copy.
Court's wording
(2) Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.
A party seeking ex parte custody-related relief must provide the specified information under oath to the extent of their knowledge, except in the listed emergency or protective-action cases.
Court's wording
Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.
For an uncontested adoption, the petitioner must tender proposed findings of fact, conclusions of law, and judgment before requesting a final hearing date.
Court's wording
Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.
The exchanged witness list must identify each witness by name, address, and a summary of anticipated testimony.
Court's wording
No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony.
An order-of-protection petition or motion must use form AOC-275.1, be filed with the court, and be verified by an authorized person.
Court's wording
A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court. The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.
(a) A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.
A CR 78(2) motion's notice must include the specified statement regarding the no-hearing request, service, objection period, docketing, and possible entry of the tendered order.
Court's wording
The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
- Document
- Motion
Must include
- •Proposed order
(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.
An order without a “Have Seen” must include a certificate of service showing service on all attorneys of record; the Court holds it for three days after receipt to allow objections before signing and entry.
Court's wording
(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.
All orders shall contain a distribution list or language similar to that as set out in the following cxample:
In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.
All agreed orders shall be forwarded to the Clerk of the respective Court for the Judge's signature without the neccssity of noticing the same for placement on the motion day docket.
No cases will be set for trial without motion and notice by the moving attorney.
A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
The mediator shall file a report with the Court setting out the results of the mediation conference.
The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.
A case management conference order shall be entered by the Court setting out the date and time of the conference along with the items that must be filed prior to the conference.
An order recusing the Judge and transferring the case from one Division to the other will be entered with both Judges signing off on that order.
The staff attorney shall preparc a report that sets out the resolved and unresolved issues, the parties, and the attorneys that appeared at the conference, along with any other relevant information that was discussed at the conference.
Boiler plate discovery motions and discovery orders shall not be filed.
All tendered motions, notice of the hearing, and orders are to be filed with the Circuit Clerk's Office, and the Circuit Clerk shall forward them to the Judge.
A title opinion may be addressed to the Commissioner or provided as a copy addressed to the moving party or counsel, and must include the specified property, title, lien, and tax information.
Court's wording
(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of
For an occupied building, the order of sale must authorize the Master Commissioner to enter and show it; for a vacated building, a key should be delivered by the stated time.
Court's wording
(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc. If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.
(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget.
Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.
Counsel shall meet prior to the Pretrial to exchange exhibits and be prepared to discuss and advise the Court as to what exhibits can be agreed to for admission, authenticity, or other limited purposes. Exhibits that are not so exchanged shall not be admitted.
Please list the judge on all copy lists.
Posting is not required by law, and should not be included in an order of sale without a budget.
Court's wording
Pleasc note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).
The Order of Diversion may include conditions requiring sobriety and random testing, no Penal Code or Controlled Substances Act violations, and no possession of firearms or other deadly weapons.
Court's wording
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .
Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.
Filing & Service rules
Electronic Filing Rules
When law requires a certified document, the filing party must file its scanned version in the eFiling system and submit the certified hard copy to the clerk for conventional filing.
When the law requires the filing of a certified document, e.g., KRS 199.490(2) (requiring certified copies of orders terminating parental rights to be filed with adoption petition), in addition to filing the scanned document in the eFiling system as required, the filing party shall submit the certified hard copy to the clerk, and the clerk shall file the hard copy conventionally in the paper file.
Page 3 | LRP 6 Filing Certified Documents
Agreed orders may be sent to the Court for signature by U.S. Mail or email, and emailed orders are treated as originals.
Agreed Orders may also be mailed to the Court for its signature either by U.S. Mail or E-mail. E-mail orders shall be considered as original orders.
Page 7 | CLR 38 - 5 AGREED ORDERS
Designated regional domestic violence shelters and rape crisis centers may electronically file protection-order petitions where electronic filing is available.
Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 10 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Designated regional domestic violence shelters and rape crisis centers may electronically file petitions for orders of protection where electronic filing is available.
Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 3 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Filing Timing and Cure Windows
An eligible person may apply for pretrial diversion after indictment, but must apply no later than three days before trial.
After indictment in circuit court, and no later than three (3) days before trial, any person eligible for the program may apply to the circuit court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
Except for good cause shown, motions must be filed with the circuit clerk at least five business days before the hearing.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
A party wishing to object, request an oral hearing, or otherwise respond must file its response within 10 days after the motion is filed.
Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
The court must review an order-of-protection petition immediately after it is filed.
The court shall review a petition for an order of protection immediately upon its filing.
Page 9 | II. UNIFORM PROTOCOL
The court must review a petition for an order of protection immediately after it is filed.
(e) The court shall review a petition for an order of protection immediately upon its filing.
Page 2 | II. UNIFORM PROTOCOL
Motions must be filed and received by the Clerk, and served, by close of business on the third business day before motion day; weekends do not count, and noncompliant motions are omitted from the docket.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | CLR 38 - 2 MOTION PRACTICE
The Clerk must place a CR 78(2) motion on the next available motion day after ten days from filing to allow time for objections or requests for an evidentiary hearing.
The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."
Page 5 | CLR 38 - 2 MOTION PRACTICE
The prevailing party must tender the corrected order within five business days after the Court's ruling.
(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
If no action is taken after notice, an order of dismissal is to be entered 30 days after service of the notice to dismiss.
If notice is given and the attorneys or partics fail to take any action pursuant thereto, an order of dismissal shall be entered as a matter of course at the expiration of thirty (30) days from service of notice to dismiss.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
A party objecting to dismissal must file the written objection before the scheduled dismissal date.
A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
No motion may be filed or heard after the pretrial conference without good cause shown.
No motions shall be filed or heard subsequent to the Pretrial without good cause shown.
Page 24 | Pretrial Order
Discovery must be completed by the date set in the order; later discovery is barred unless allowed on motion for good cause shown.
Discovery shall be completed on or before No additional discovery will be permitted thereafter except upon motion for good cause shown.
Page 24 | Pretrial Order
Dispositive motions must be filed and heard no later than the pretrial conference date.
All dispositive motions shall be filed and heard on or before Pretrial Conference date.
Page 24 | Pretrial Order
Witness names and expert designations must be exchanged by the dates set in the order; undisclosed witnesses may not testify unless permitted on motion for good cause shown.
Names of all witnesses shall be exchanged no later than A. Plaintiff's expert(s) shall be named by B. Defendant's experts) shall be named by . Witnesses who are not disclosed shall not be permitted to testify except upon motion for good cause shown.
Page 24 | Pretrial Order
Non-dispositive motions must be filed by the date set in the order.
All non-dispositive motions shall be filed on or before
Page 24 | Pretrial Order
Counsel must review trial depositions for objections before trial, and objections must reach the Court at least 24 hours before the scheduled pretrial conference or they are waived.
Prior to trial, all depositions to be used at Trial are to be reviewed by counsel for objections. Objections not received by the Court at least 24 hours prior to the scheduled Pretrial shall be deemed waived.
Page 24 | Pretrial Order
Orders without a “Have Seen” are held by the Court for three days after receipt to allow opposing counsel to object before signing and entry.
(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
The Court may dismiss a civil action for want of prosecution after it has remained on the docket for one year without steps indicating an intent to prosecute.
When any civil action has remained on the docket for one (1) year without any steps being taken indicating an intention to prosccute said action, the Court on its own Motion or on the Motion of either party may dismiss the action for want of prosecution at the cost of the Plaintiff.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
The circuit clerk must docket the motion for consideration on the next regular motion day occurring after 10 days from filing.
(3) The circuit clerk shall docket the motion for the Court's consideration on the next regular motion day occurring after 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
Default motions may be brought before the Court at any time, subject to the Court's convenience and discretion.
(5) Motions by default may be brought before the Court at any time at the convenience and discretion of the Court.
Page 5 | CLR 38 - 2 MOTION PRACTICE
Service and Proof of Service Rules
Except for good cause shown, motions must be served on each party other than parties in default for failure to appear at least five business days before the hearing.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
The movant must serve the motion on each party other than parties in default by the filing date, and must also serve the client by that date when seeking to withdraw as counsel.
(2) The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion. If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
Parties must exchange intended exhibits and witness lists no later than 14 days before the final hearing, subject to court order or affirmative waiver; witnesses must be identified with specified details, and unidentified items may be excluded.
No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony. Exhibits or witnesses not identified pursuant to this rule may be excluded. This rule is not intended to limit the admissibility of rebuttal evidence. These deadlines do not alter discovery deadlines set by the civil rules.
Page 8 | V. ADOPTION AND TERMINATION OF PARENTAL RIGHTS
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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.
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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 11 | IV. ASSIGNMENT OF ACTIONS
Motions must be served by close of business on the third business day before motion day; Saturday and Sunday do not count.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | CLR 38 - 2 MOTION PRACTICE
The moving party must serve the motion and proposed order on all other attorneys of record or unrepresented parties within a reasonable time, generally by in-hand service within three days.
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
Page 5 | CLR 38 - 2 MOTION PRACTICE
The required notice for a CR 78(2) motion states that the motion has been served on all parties, including the client.
This motion has been served upon all parties, including the client.
Page 5 | CLR 38 - 2 MOTION PRACTICE
A party filing written objections must notify all parties to appear at the next regularly scheduled motion day.
If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.
Page 6 | CLR 38 - 2 MOTION PRACTICE
An order without a “Have Seen” must include a certificate showing that all attorneys of record were served with a copy.
(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
The Clerk must distribute signed judgments and orders to the listed recipients by mail or delivery and certify each distribution on the distribution list.
The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and 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 7 | CLR 38 - 4 DISTRIBUTION OF ORDERS
The client must be served with a copy of the withdrawal motion and hearing notice.
A copy of the motion and notice shall be served upon the client.
Page 13 | CLR 38 - 16 WITHDRAWAL OF ATTORNEYS
The Commonwealth must provide all available discovery to defense counsel by the discovery pretrial conference, ordinarily scheduled about two months after arraignment.
The Court will set a date for a discovery pretrial confrence at arraignment which will ordinarily be two (2) months after the arraignment. The Commonwealth will provide the Defendant's counsel with all available discovery on or before the discovery pretrial conference.
Page 17 | CLR 38-20 General Trial Matters
Defense counsel must provide reciprocal discovery to the Commonwealth as soon as practicable after receiving discovery.
Defense counsel shall provide reciprocal discovery to the Commonwealth as soon as practicable after receipt of the discovery.
Page 17 | CLR 38-20 General Trial Matters
The moving party must serve a qualifying 30-year title opinion on the Master Commissioner before sale scheduling, or may have the Commissioner hire a qualified attorney to provide one.
(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.
Page 19 | CLR 38 - 23 JUDICIAL SALES
Serve copies of motions for judicial sales and accompanying judgments and orders of sale on the Master Commissioner as required by CR 5.
Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.
Page 19 | CLR 38 - 23 JUDICIAL SALES
To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the order approving the fee on the Commissioner before the motion for distribution.
For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.
Page 20 | CLR 38 - 23 JUDICIAL SALES
If the adverse party has not been served by the transfer date, the initiating court must reissue the summons for up to 14 days, or for another period the court determines necessary to protect the petitioner.
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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 4 | IV. ASSIGNMENT OF ACTIONS
The Clerk must serve notice of the intended dismissal on counsel of record for parties who appeared, or on the parties if a mailing address is known.
It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
The Clerk must give notice of an entered dismissal order to attorneys of record who appeared or to unrepresented parties.
Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
Sealing & Redaction Procedures
Access to the unredacted copy under seal is limited to the listed parties, court personnel, authorized CHFS personnel involved in child support matters, and persons authorized by court order.
The unredacted copy may be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services (CHFS) involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the court.
Page 3
Filings in confidential actions do not need to be redacted.
(2) In confidential actions, it is not necessary for filings to be redacted.
Page 3
Adjournment & Extension Requirements
A criminal case will not be continued because of a conflict in another court that arises after its trial date is first set.
Cases will not be continued for any conflicts in other courts arising after the date the trial is first set.
Page 16 | CLR 38 - 20 GENERAL TRIAL MATTERS
The parties may not extend a date established by the order by stipulation; any modification requires a motion and an order.
There will be no extension of any date established by this order by stipulation of the parties. A motion and order are required for any modification.
Page 24 | Pretrial Order
A trial-date continuance will be granted only for good cause, on motion signed by the attorneys and their clients.
No continuance of the Trial date will bc granted without good cause, by motion and signed by the attorney(s) and their clients).
Page 24 | Pretrial Order
Chambers Communication Rules
Attorneys must instruct clients, witnesses, and interested parties that ex parte communications with the Court about pending or future matters are improper.
Attorneys shall instruct their clients, witnesses, or any intcrested partics of the impropriety of ex parte communications with the Court concerning any matter that is pending or may be heard in the future by the Court.
Page 17 | CLR 38-20 General Trial Matters
If a regular motion-day hearing may exceed 20 minutes, parties may contact Court personnel by phone or request a separate date from the Court during the motion day.
If the parties anticipate that a hearing on a regular motion day may not be completed in 20 minutes or less, the parties may contact Court personnel to obtain a separate hearing date or may request a separate hearing date from the Court during the motion day. Court personnel may be contacted by phone at (270) 298-3433.
Page 5 | LRP 12 Time Limitation on Motion Day Hearings
Upon agreeing that the motion may be heard by the Court by telephonic conference, the attorney desiring a telephonic conference on a motion or a matter pending before the Court shall contact the Judge or the Judge's sccretary for a possible convenient time(s) for the telephonic conference.
Upon agreeing that the motion may be heard by the Court by telephonic conference, the attorney desiring a telephonic conference on a motion or a matter pending before the Court shall contact the Judge or the Judge's sccretary for a possible convenient time(s) for the telephonic conference.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
The attorney requesting a telephone conference must initiate the call.
The attorney requesting a telephonic conference shall initiate the call.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
The attorney must communicate the proposed times to opposing counsel and confirm the agreed date and time with the Judge’s secretary for calendaring.
Upon receiving the possible date(s) and time(s) of the telephonic conference, the attorney shall communicate this to opposing counsel, and thereafter shall confirm with the Judge's secretary of the agreed upon date and time for the telephonic conference so the conference can be entered on the Judge's calendar.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
Telephone conferences will not be scheduled on a motion day.
No telephone conferences will be scheduled on a motion day.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
Any resolution before the telephone conference must be reported immediately to the Judge’s secretary.
Resolution of the issuc prior to the telephonic conference shall be immediately reported to the Judge's secretary.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
After selecting a hearing date, call the Special Judge's secretary to report the date so it can be docketed.
Once you have your court date selected, call the Special Judge's secretary to inform her of the date and so the hearing can be docketed on the Special Judge's calendar.
Page 18 | CLR 38-21 Protocol for Obtaining Court Dates for Special Judge Cases That Are Not Within This Circuit
To obtain potential dates for a special-judge hearing, call the presiding Special Judge's secretary after courtroom availability is checked with the Circuit Clerk.
Judge's secretary will check with the Circuit Clerk to ensure a courtroom is available. Call the presiding Special Judge's secretary and obtain 2-3 potential court dates.
Page 18 | CLR 38-21 Protocol for Obtaining Court Dates for Special Judge Cases That Are Not Within This Circuit
The court may change regular motion days or hear domestic violence actions on other dates, and parties may contact the local circuit clerk's office for schedule information.
The schedule of regular motion days is subject to change at the discretion of the court, and the court may hear domestic violence actions on other dates as needed. Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 11 | IV. ASSIGNMENT OF ACTIONS
Parties may contact the local circuit clerk's office to obtain information about the court schedule.
Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 4 | IV. ASSIGNMENT OF ACTIONS
An attorney who expects to be late for court should call the Clerk's Office or the Judge's Office to notify the Court.
If an attorney determines that he or she will be late for Court, that attorney should call the Clerk's Office or the Judge's Office to inform the Court that he or she will be late.
Page 4 | CLR 38-1 Motion Days
The Court may allow witness testimony by phone in an emergency with prior Court approval.
With prior Court approval, the Court may allow testimony by phone of witnesses in cases involving an emergency.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
A motion involving only issues of law may be heard by telephone if all attorneys representing parties agree.
Any motions involving issues of law in which no testimony of a witness will be taken may be heard by telephonic conference upon agreement of all attorneys representing parties in the case.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
If a requester cannot have a motion heard before the proceeding, the requester may contact Court personnel directly by phone at (270) 298-3433 to seek permission to appear remotely.
(c) if the requester is unable to bring a motion before the Court for hearing in advance of the proceeding at which the requester seeks to appear remotely, by contacting Court personnel directly. Court personnel may be contacted by phone at (270) 298-3433.
Page 3 | LRP 7 Remote Appearance at Court Proceeding