Caldwell Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
- A person seeking a continuance must first immediately try to agree on a new hearing date; if that fails, the requester must immediately file a written motion stating the reasons and serve opposing counsel, with the hearing automatically continued under the stated conditions.
Request must include
Communication
Phone
Document Format Requirements2 rules
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1.
Court's wording
All petitions requested, completed, and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC- 275.1, and shall be accepted and filed with the court KRS 403.725, KRS 456.030.
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1.
- Petition
Formatting
- •Must be made on form AOC-275.1
Court's wording
All petitions requested, completed, and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court KRS 403.725, KRS 456.030.
Document Filing Requirements49 rules
Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record
- Document
- Commonwealth attorney response
Must include
- •Respond in writing and of record
In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them
Any case that is stacked but not tried shall be noticed by the Plaintiff's attorney (or the Movant’s attorney) for rescheduling at the next available Motion Day in that county.
There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum. The response to any motion shall be in similar form
Each motion, supporting memorandum, or opposition memorandum must be accompanied by a separate tendered proposed order.
- Document
- Motion papers
Must include
- •Proposed order
Court's wording
Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.
A CR 78(2) movant must identify the rule and alert opposing counsel that the motion may be granted routinely ten days after filing unless an objection or response is filed.
Court's wording
The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
Each motion for default judgment must include a certificate or verification addressing the listed service, balance, and defendant-status matters.
Court's wording
All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.
A discovery motion must include a certificate stating that counsel conferred or corresponded with opposing counsel, could not resolve the dispute, and exhausted reasonable extrajudicial means.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.
Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.
In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).
If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit stating there have been no changes since the AOC-238, if filed.
Court's wording
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Uncontested matters may be submitted for the next regular Rule Day or under the 10-day rule using a Notice of Submission or Motion to Submit in Form 1 or a similar document.
Court's wording
Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).
A Notice must be filed to schedule a CMC, which is set on the regular Rule Day at 9:00 a.m. in Division II or 1:00 p.m. in Division I, as specified for each county.
Court's wording
The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows: (a) Caldwell County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (b) Livingston County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (c) Lyon County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (d) Trigg County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I.
In dissolution or custody proceedings with minor children, the Court may order participation in education programs, and anyone ordered to attend the Parent Education Clinic must submit proof of attendance with the Motion to Submit.
Court's wording
Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians and children to participate in a Parent’s Education Clinic and the children in a suitable education class. If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.
A contempt rule will generally issue ex parte and must state a definite return date and time for the other party to appear and show cause.
Court's wording
When the motion and affidavit are filed, a rule will generally be issued ex parte by the Judge. The rule will recite that it is returnable before the Court at a day and time certain for the other party to appear and show cause why he/she should not be held in contempt.
Under the preferred procedure for seeking a contempt rule, the filer must submit a motion supported by a sufficient affidavit or verification and also submit a tendered order.
Court's wording
The preferred procedure in securing a rule for contempt is as follows: (a) A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
Orders for sale must include the listed caption, property, judgment, default, and certification information, with the stated condition for money judgments.
- Document
- Order of sale
Must include
- •Caption
Court's wording
Orders for the sale of property shall contain: (a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number; (d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money); (e) the names of all parties who are in default; and (f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale. Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.
Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted;
AI use is not prohibited, but attorneys and pro se litigants must review and verify computer-generated content for accuracy and compliance with applicable standards.
Court's wording
The Court does not prohibit the use of Al, but to comply with Rule 11 of the Rules of Civil Procedure and other applicable legal and ethical standards, attorneys and pro se litigants must review and verify computer-generated content to ensure that is accurate and complies with all such governing standards.
The undersigned certifies that the information contained on the attachment is true and correct.
The Motion to Submit form includes a certificate of service.
Include
- •Certificate of service
Court's wording
CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________
The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:
D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.
F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.
The checklist requires the parties to indicate whether they have minor children and, if they were ordered to attend the specified classes, whether completion certificates were filed or attached to the Motion to Submit.
Court's wording
E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.
The checklist calls for a qualifying written deposition or sworn affidavit to be filed in the record or attached to the Motion to Submit.
Court's wording
G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.
J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.
K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.
I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.
L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.
Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Rule Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.
requirement has been complied with or that attempts to schedule have been unsuccessful and shall state the reason why.
Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06.
An order of sale may direct the Master Commissioner to release foreclosed mortgages and liens, but must give the book and page number for each lien to be released.
Court's wording
a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale. If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded;
An order of sale may direct payment of outstanding property taxes, but must identify the taxpayer, tax year, and tax bill number.
Court's wording
a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.
The Master Commissioner normally prepares the listed judicial-sale documents; if case circumstances make it necessary or desirable for a party to prepare one, that party or attorney must coordinate its preparation with the Master Commissioner.
Court's wording
The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: sale notice for advertising and posting; Commissioner's Report of Sale; Commissioner's Bill of Costs; Order of Confirmation; Order of Distribution; and Commissioner's Deed. When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner.
Orders of sale must not designate the auctioneer or appraisers, except that a known reason for disqualification may be included.
Court's wording
designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.
Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.
If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.
In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.
However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.
If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.
An order of sale may include special sale conditions, including the listed examples.
Court's wording
Orders of sale may contain: (a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute;
Filing & Service rules
Electronic Filing Rules
Attorneys and parties must comply with Kentucky Supreme Court rules and orders concerning e-filing.
Attorneys and parties shall comply with Kentucky Supreme Court Rules and Orders regarding e-filing.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
When necessary, faxed pleadings and accompanying documents are received and filed like mailed originals, entered upon receipt, and later supplemented by the required original.
When necessary, facsimile copies and accompanying documentation will be received by the clerk and filed in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt. Upon receipt of the original, which is still necessary to file, the clerk will attach it to the fax copy already of record.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
Filing Timing and Cure Windows
A response to a motion must be filed with the Clerk at least two days before the scheduled hearing.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date
Page 9 | RULE 204. MOTION PRACTICE.
Motions must be filed by 4:00 p.m. at least seven calendar days before Rule Day; late motions are ordinarily docketed for the next month unless extraordinary circumstances and prior Court approval apply.
The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.) Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.
Page 9 | RULE 204. MOTION PRACTICE.
A post-judgment motion must follow the ten-day rule unless it is noticed for the next regular Rule Day after filing.
Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.
Page 14 | RULE 206. PRETRIAL CONFERENCES — Criminal Cases
Faxed copies and accompanying documentation are entered upon receipt by the clerk.
In other words, they will be entered upon receipt.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
The AOC-239 Final Verified Disclosure Statement is due no later than five days before trial when property matters are disputed.
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Page 17 | RULE 702. UNCONTESTED MATTERS.
An objection to entry of the Status Quo Order must be filed within ten days of service of the Summons, Petition, and Motion.
If no objection is filed within ten (10) days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
Immediately after a sale, the Master Commissioner must report to the Court; the Clerk must give notice, and the report lies over under CR 53.06.
Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.
Page 22 | RULE 1003. JUDICIAL SALES
Matters and motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Page 23 | RULE 11. DISTRICT COURT.
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 27 | G.
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 27 | G.
Petitions will 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 28 | III. Twenty-four Hour Accessibility
The judge decides a Motion to Submit without an oral hearing 10 days after filing unless an opposing party files an objection or requests an oral hearing.
This Motion to Submit is brought under LR 204(10) (CR 78(2)) and will be decided by the judge without any oral hearing ten (10) days after filing, unless an opposing party files an objection or a request for an oral hearing.
Page 29 | APPENDIX 2: FORM 1 & FORM 2
If there are minor children, 60 days must have elapsed from the earliest listed service, appointment, or filing event.
H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).
Page 30 | APPENDIX 2: FORM 1 & FORM 2
For a default Motion to Submit, the Respondent must have been personally served more than 20 days before the motion, or the warning order attorney must have filed a report and more than 50 days must have elapsed since appointment.
(b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney;
Page 31
A CR 78(2) motion may be granted routinely ten days after filing if no objection is received or response filed.
The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
Page 11 | Motions Under CR 78(2)
Time is computed under CR 6.01, with three additional days added when service is by mail under CR 6.05.
Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.
Page 12 | Motions Under CR 78(2)
Uncontested matters may be submitted for the next regular Rule Day or under LR 204(10)'s 10-day rule.
Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).
Page 17 | RULE 702. UNCONTESTED MATTERS.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 27 | G.
Service and Proof of Service Rules
Every pre-trial diversion application must be noticed for hearing and served upon the Commonwealth Attorney.
Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney
Criminal cases
Page 3 | Procedure
Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the service methods in CR 5.02, including CR 5.02(2) when e-filing.
Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02. In the event of e- filing, counsel shall comply with the methods defined in CR 5.02(2).
Page 9 | RULE 204. MOTION PRACTICE.
A motion response must be properly served on opposing counsel or an unrepresented party entitled to notice.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.
Page 10 | RULE 204. MOTION PRACTICE.
A written continuance motion must be served on opposing counsel.
Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.
Page 10 | RULE 204. MOTION PRACTICE.
Motions for post-judgment relief, including in family cases, must be served on the opposing party in addition to any other required service.
Motions for post-judgment relief, including family cases, shall be served upon the opposing party, in addition to any other required service.
Page 12 | Post-Judgment Motions
A motion to withdraw as attorney must be served on the client in addition to any other required service.
A motion to withdraw as attorney shall be served on the client, in addition to any other required service.
Page 12 | Motion to Withdraw From Representation
Discovery material must be filed and/or served in compliance with CR 5.06.
Discovery material will be filed and/or served in compliance with CR 5.06.
Page 13 | Discovery Requests
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 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
The Respondent must give the Petitioner notice of the motion without assistance from the clerk.
However, the Respondent must provide notice of the motion upon the Petitioner without assistance of the clerk.
Page 18 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
A contempt rule may not be heard sooner than seven days after it is issued and served, and it cannot be heard unless served under CR 5.02 on the alleged contemnor and, if still represented, on both counsel and the party; the Court may order otherwise.
The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.
Page 19 | RULE 709. CONTEMPT PRACTICE.
When a nonparty purchases the property, subsequent motions and reports concerning confirmation of the sale, including objections to the Commissioner's Report, must be served on the purchaser under CR 5.02.
When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
Page 22 | RULE 1003. JUDICIAL SALES
Motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as if the Commissioner were an appearing party.
All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.
Page 22 | RULE 1003. JUDICIAL SALES
The Motion to Submit form includes a certificate stating that a true copy was served by regular mail, postage prepaid, to the listed recipient.
CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________
Page 29 | APPENDIX 2: FORM 1 & FORM 2
For a default Motion to Submit, a copy must be served on the Respondent at the Respondent’s last known address, and the Respondent must not be on active military duty.
(c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.
Page 31
A requesting party should attempt to provide an electronic copy of discovery requests to facilitate the responses.
In propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with LR 205(3)(b) below.
Page 13 | Discovery Requests
As an alternative contempt-motion procedure, a simple motion and notice may be directed to opposing counsel and the opposing party for a definite date.
An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.
Page 19 | RULE 709. CONTEMPT PRACTICE.
Filing Fees and Waivers
After an order changing venue or transferring a case on a private party’s motion, the requesting party must advance the postage costs to the appropriate circuit clerk before the record is mailed.
When venue is changed or a case transferred on motion of a private party, after entry of the Order, the party requesting the venue change or transfer must advance to the appropriate circuit clerk the postage costs for sending the record to the appropriate new circuit clerk. The record will be mailed upon receipt of payment by the appropriate clerk.
Page 15 | RULE 208. TRANSFER/CHANGE OF VENUE.
A $100-per-day fee is assessed for each day of a civil jury trial beyond four days, collected from the requesting party after judgment or final order as a recoverable court cost.
A fee of $100.00 per day for each day of a civil jury trial in excess of four (4) days, to be collected from the party requesting the jury trial following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS.
In civil cases, a $50 fee is assessed for each filing-item threshold exceeded at 50-item intervals, collected from the plaintiff after judgment or final order, with post-judgment documents excluded from the count.
A fee of $50.00 in civil cases in each instance in which the number of items filed surpasses 50 in number or a multiple thereof (the 51st item, 101st item, etc.) to be collected from the Plaintiff following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04. Post-judgment documents are excluded from the computation.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS.
Sealing & Redaction Procedures
When personal identifiers are required or appear in filed documents or exhibits, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, which may be accessed only by the listed authorized persons.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support or protection matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, “personal identifier” means a Social Security number or tax-payer identification number, date of birth, or financial account number.
Page 20 | RULE 901. PROTECTION OF PERSONAL IDENTIFIERS.
Filing Bundling Requirements
A Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial.
The Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial (final evidentiary hearing).
Page 18 | RULE 705. CASE MANAGEMENT CONFERENCE.
Pre-Motion Conference Requirements
A motion to set a case for trial may not be brought under CR 78(2).
A motion to set a case for trial shall not be brought under CR 78(2).
Page 11 | Motions Under CR 78(2)
Motions other than default judgment motions must proceed under CR 78(2) or be specifically noticed for a scheduled Rule Day or arranged date; noncompliant motions may be considered defective and void.
Motions, other than for Default Judgments, shall be filed under CR 78(2) or specifically noticed for a scheduled Rule Day or arranged date. Motions which are not in compliance with one of these provisions may be considered defective and void.
Page 11 | Motions Under CR 78(2)
In civil cases, counsel must make a good-faith effort to resolve discovery disputes by agreement before moving the Court for discovery relief.
Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
Page 12 | RULE 205. DISCOVERY — Motions For Discovery Orders
Motions to alter, amend, reconsider, or vacate are decided on the record without a hearing unless the Court gives prior approval upon good cause shown.
Unless prior approval is given by the Court upon good cause shown, all motions to alter, amend, reconsider or vacate will be decided on the record without benefit of a hearing.
Page 12 | Post-Judgment Motions
The Court may schedule a hearing for any motion filed under CR 78(2).
The Court may, at its discretion, schedule a hearing for any motion filed under CR 78(2).
Page 12 | Motions Under CR 78(2)
Adjournment & Extension Requirements
A person seeking a continuance must first immediately try to agree on a new hearing date; if that fails, the requester must immediately file a written motion stating the reasons and serve opposing counsel, with the hearing automatically continued under the stated conditions.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed hearing date is scheduled or until the next regularly scheduled motion hour, whichever occurs first.
Page 10 | RULE 204. MOTION PRACTICE.
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
Page 8 | RULE 202. STACKING OF CASES FOR TRIAL OR HEARING
Chambers Communication Rules
Petitioners should contact the circuit clerk during its listed weekday hours or law enforcement after office hours to initiate contempt proceedings.
Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m. 2. All law enforcement - after office hours
Page 4 | Contempt Proceedings
The moving attorney must ask the Circuit Clerk to forward the file to the Court for review and action.
In addition, the moving attorney will ask the Circuit Clerk to forward the file to the Court for review and action.
Page 11 | Motions for Default Judgment
As a recommended step in an involuntary termination case, petitioner’s counsel should call the Court’s administrative assistant to report the filing.
Counsel for Petitioner will contact the Court’s administrative assistant at (270) 388-5182 to inform the Court that a case in the interest of ______________, a child, has been filed in the __________Circuit Court.
Page 16 | RULE 302. INVOLUNTARY TERMINATION OF PARENTAL RIGHTS.
Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m. 2. All law enforcement - after office hours
Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m. 2. All law enforcement - after office hours
Page 28 | IV. Contempt Proceedings
Attorneys should check with the clerk about rescheduling Rule Days.
Attorneys should always check with the clerk regarding rescheduling of Rule Days.
Page 9 | RULE 204. MOTION PRACTICE.