Calloway Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The Court may continue an untimely subsequent motion if an opposing party objects or for other good cause.
- A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on a new date; if that fails, the requesting party must immediately file a written continuance motion stating the reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also complying with FCRPP 23.
- The Court may allocate costs for a continuance upon a showing of good cause and retains final discretion to grant or deny any continuance.
- +6 more
Request must include
Communication
Phone
Chambers
Document Format Requirements3 rules
All orders shall be prepared as separate instruments.
Petitions seeking protection under KRS Chapter 403 or Chapter 456 must use form AOC-275.1.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
Court's wording
A. 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.
H. A movant may bring his or her motion under CR 78(2), which makes provisions for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition.
Document Filing Requirements75 rules
Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.
A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date.
Court's wording
B. Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and the date of disposition.
A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date.
Court's wording
2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition
A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date.
Court's wording
Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition.
Each motion and notice shall contain a certificate of service setting forth each party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
All motions shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
Movant shall state that the motion is made under CR 78(2) and this local rule.
Motions to compel discovery shall contain a certificate, by counsel, that she or he has conterred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing.
The notice shall specify that the motion may be routinely granted without hearing by the
An opposing party seeking an oral hearing must say so in the response and notice the matter for a regular motion hour, with appropriate notice to the parties and Court.
Court's wording
If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court. If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion hour day.
Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.
Any Agreed Order prepared by an attorney or pro se party shall be submitted to the opposing attorney or prose party for signature as Have Seen.
- Document
- Agreed order
- Placement
- Signature block
During regular clerk business hours, a person seeking an Emergency Protective Order should go to the county Circuit Clerk's Office and file a Domestic Violence Petition; outside those hours, the person should contact a sworn law enforcement officer or the County Attorney to obtain the petition.
Court's wording
During the hours of 8:00 a.m. - 4:30 p.m. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition. At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn law enforcement officer (local city police, local sheriffs office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
Applications regarding inspection of Adoption Records Requests are to be filed with the Circuit Clerk's Office, and once filed, the Circuit Clerk shall transmit the request along with the applicable file to the Family Court Judge.
Any party filing a petition or motion to reopen a family court case shall also file a completed AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.
A. An attorney seeking permission to review and copy a paternity case file must first file a Notice of Entry of Appearance..
All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.
Any attorney wishing to withdraw shall file a notice of such request
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
If minor children are involved, the motion shall also be accompanied by either a uniform child(ren) support order and child support worksheet or, if the parties wish to abide by an existing child(ren) support order, a reference to that previous order and date of that order.
The motion shall be accompanied by a proposed decree adopting any settlement agreement or order of the Court, if applicable.
The Family Court Case Data Sheet must be fully completed in all cases.
Each filed pleading, motion, or other paper must identify the case and provide the signing attorney’s or party’s name and contact information unless protected by statute or court rule.
- Document
- Pleading motion or other paper
Must include
- •Case number
Court's wording
Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed party name, address, telephone number and email address of each attorney or party signing the document unless the information is otherwise protected by statute or court rule (e.g., domestic violence order cases and interpersonal protective order cases).
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.
An individual requesting a judicial order must provide the Family Court Judge with a written explanation for the request that specifically indicates the portion of the video record being requested is an in-chamber interview with a child(ren) and states the specific purpose for the request.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child(ren)'s Guardian Ad Litem, if any, and set forth the purpose for the request.
Protective-order petitions must be accepted and filed with the court.
Court's wording
A. 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.
During regular business hours, the authorized agency or officer must present the petition for consideration first to an available in-county Family Court Judge, then to the listed judicial officers in order if that judge is unavailable.
Court's wording
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The petition shall be presented to the Family Court Judge if the judge is in the county and available. In the event the Family Court Judge is not in the county or is unavailable, the clerk shall seek the consideration of the matter by any of the following judicial officers, in the order listed: the District Judge in the county, the District Judge for the adjacent county located in the 42 Judicial Circuit, and then the Circuit Judge of Division 1 in the 42nd Judicial Circuit. Finally, if none of the foregoing can be located, the clerk shall seek consideration of any District, Family or Circuit Judge in any Kentucky county.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The authorized agency or individual handling the petition for an Emergency Protective Order or Interpersonal Protective Order petition shall deliver the petition for consideration to the Family Court Judge of the county, or if unavailable or not found
within the county, to the District Judge of the County, the District Court Judge of the adjacent county located in the 42 Judicial Circuit, and then the Circuit Judge for Division 1 for the 42 Judicial Circuit, in that order. If none is available, the petition shall be delivered for consideration to any District, Family or Circuit Judge in any Kentucky County.
Make recommendations to the Court in writing of conditions for pre- trial diversion .
A pretrial diversion order must include the listed terms and conditions, where applicable.
Court's wording
The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .
Make recommendations to the Court in writing of conditions for pre-trial diversion .
A pretrial diversion order must include the listed terms and conditions.
Court's wording
The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .
When filing a petition or reopening a case in the Family Court division, parties must complete an AOC-FC-3 Family Court Case Data Information Sheet.
Court's wording
All cases filed or reopened in the Family Court division of the Circuit Court shall, with the filing of any petition or motion (in the case of a reopening), complete an AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.
A paternity petition must name the mother's husband as a party in the specified circumstances or include the petitioner's affidavit addressing the mother's marital status.
Court's wording
All petitions for paternity must include one of the following: The mother's husband as a party to the action if the child was born during lawful wedlock or within ten (10) months thereafter; or The affidavit of the Petitioner addressing the issue as to the mother's marital status when the child was born and within ten (10) months prior to the birth of the child.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
All agreements and agreed orders shall contain the correct mailing addresses for the attorneys or parties if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.
If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
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.
An individual requesting a judicial order must provide the Family Court 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 of the request.
The Circuit Court Clerk's office shall not release any copies of Family Court confidential video records without a specific written order from the Family Court Judge.
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 for the request.
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, fax number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other filing
Must include
- •Case number
A. The Family Court Case Data Sheet must be fully completed in all cases.
Pursuant to FCRPP 17, the Circuit Court Clerk's Office shall not release any Family Court video in-chamber interviews with children without a specific written order of the Family Court Judge.
When mediation resolves only some issues or the parties reach agreements on discovery or other matters, they must submit a joint statement identifying resolved and remaining trial issues within ten days after mediation ends.
Court's wording
If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation.
Petitions seeking protection under KRS Chapter 403 or Chapter 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. 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.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
If reassignment or transfer occurs, the issuing judge other actions pending or circumstances indicate that review by the other court is shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the "Court Actioni section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires.
A proposed order shall accompany the motion.
- Document
- Cr 78 2 motion
Must include
- •Proposed order
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.
2. Collection cases. Motions for default judgment in collection cases and in other default judgment actions may be noticed at the convenience of the Court provided that the moving party provide the following information by swor affidavit to the Court: A. The identity of the moving party, as well as any changes in the legal status of the moving party, to the extent that the Court and any non-moving party can identify the original party who has made the claim.
B. The amount of damages claimed, with the amounts being broken down into principal amount, accrued interest and /or finance charges where applicable, and any requests for attorney's fees.
The referral order must be entered before the Clerk distributes the Order of Sale to the Master Commissioner and the Commissioner undertakes it.
Court's wording
2. An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.
Requests for attorney's fees must be accompanied by an affidavit of counsel setting out the basis for the request for attorney's fees.
For a manufactured-home sale, the requesting party must provide the Master Commissioner the title-transfer documents before the sale date.
Court's wording
(g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).
An Order of Sale must contain the specified caption, property, judgment, party, and certificate information, plus required manufactured-home details when applicable.
- Document
- Order of sale
Must include
- •Caption
Court's wording
1. Orders for 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 and the PVA map number of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. (d) The dollar amount of the judgment as of a day certain, together with he 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 and last known addresses of all parties who are in default. (f) A Clerk's Certificate with the name and address of each party not in default, or if represented by counsel, the name and address of the counsel and party represented. (g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).
The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.
Each tax lien Statement of Amount Due must be itemized and include the specified information for each lien.
Court's wording
Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs:
Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due each under the judgment or order.
The Master Commissioner must tender a proposed order confirming sale with the motion to confirm sale.
Court's wording
Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.
A. Motions for compensation shall be accompanied by a report indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.
It shall be defendant's responsibility to obtain discovery from the Commonwealth. The Commonwealth shall, certify in writing the Discoverable items in its file.
The Order of Judgment, when signed by the Judge, shall be delivered to the Clerk for entry.
The parties upon direction of the Judge shall submit those instructions to be offered at trial, additional instructions may be offered at trial upon close of the evidence, and to conform to the proof or in the interest of justice, as provided by CR 51.
Filing & Service rules
Filing Timing and Cure Windows
Motions for a Wednesday motion hour must be filed with the appropriate clerk by close of business the preceding Wednesday, unless the Family Court Judge approves otherwise.
Motions to be heard on the Wednesday motion hour docket shall be filed in the appropriate Circuit Court Clerk's office by the close of business on the Wednesday of the week prior to the intended motion hour docketunless otherwise approved by the Family Court Judge
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
Any response to a motion must be filed at least two days before the motion-hour date.
Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
If the case is not already on the docket, a motion filed after the deadline will be rejected and returned so it can be re-noticed for a compliant date.
Any motions filed after the filing deadline where the case is not already on the docket will be rejected by the Clerk and returned to the filer by the appropriate Circuit Court Clerk's office so the parties can re-notice it to be heard at a date that satisfies the previous paragraph.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
If the Court closes for an unforeseen reason, the filing party must re-notice the motion for a regularly scheduled motion hour.
If the court is closed for any unforeseen reason, e.g., inclement weather, the motion must be re-noticed by the party filing the motion to be heard on a regular scheduled motion hour.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
Motions in Dependency, Neglect and Abuse actions must be set on the county's designated docket, filed seven days before its next session, and not filed on the Wednesday motion-hour docket.
Any motions filed in a Dependency, Neglect and Abuse action must be set on the Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County). The motion must be filed seven (7) days prior to the next scheduled Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County) and are not to be filed on the Wednesday motion hour docket.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
A motion may not be noticed for hearing on a state holiday.
No motion shall be noticed to be heard on a state holiday.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
Motions in Domestic Violence or Interpersonal Protective Order actions must be set on the county's designated docket, filed seven days before its next session, and not filed on the Wednesday motion-hour docket.
Any motions filed in a Domestic Violence/Interpersonal Protective Order action must be set on the Domestic Violence docket (Tuesdays for Marshall County and Thursdays for Calloway County). The motion must be filed seven (7) days prior to the next scheduled Domestic Violence docket (Tuesdays for Marshal County and Thursdays for Calloway County) and are not to be filed on the Wednesday motion hour docket.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
Cabinet for Health and Family Services employees and attorneys must file dependency, neglect, or abuse petitions at least thirty minutes before the Clerk's office closes on a non-holiday weekday.
During normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday, excluding holidays, Cabinet for Health and Family Services employees and/or attorneys filing a Petition for Dependency, Neglect or Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing of the Clerk's office..
Civil cases
Page 14 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
The initiating agency must deliver the original petition and a copy of any Emergency Protective Order or Temporary Interpersonal Protective Order issued during non-office hours to the appropriate clerk's office at the beginning of the next regular office day.
The original petition and a copy of the Emergency Protective Orders/Temporary Interpersonal Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.
Civil cases
Page 22 | Twenty-four Hour Accessibility
If an unserved domestic violence case is transferred before a protective order is entered, the initiating court must reissue the summons for no more than 14 days, or for a period the court determines necessary to protect the petitioner.
In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the 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 (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 1 | Uniform Protocol for Handling Cases
An eligible person may petition for a pretrial diversion order with notice to the Commonwealth's Attorney at least seven days before sentencing.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
An eligible person may petition for pretrial diversion with notice to the Commonwealth's Attorney at least seven days before sentencing.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
Motions for the Wednesday motion docket must be filed at least five working days in advance unless the Family Court Judge allows otherwise.
All motions to be heard on the Wednesday motion docket shall be filed at least five (5) working days prior to the Wednesday motion docket, unless otherwise allowed by the Family Court Judge.
Page 5 | 202 Motion Hour
Dependency, neglect, and abuse petitions filed during normal working hours must be filed with the Clerk at least 30 minutes before closing, Monday through Friday excluding holidays.
During normal working hours (8:00 a.m. - 4:30 p.m.), Monday through Friday, excluding holidays, persons filing a Petition for Dependency, Neglect and Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing hours.
Page 7 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
Petitions for Dependency, Neglect and Abuse received after normal business hours must be filed with the Clerk by noon on the next business day.
All Petitions for Dependency, Neglect and Abuse received after normal business hours shall be filed with the Clerk of the court by noon on the next business day in compliance with FCRPP 20.
Page 7 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
The required joint statement must be submitted within ten days after mediation terminates.
If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation.
Page 8 | 702 Mediation
Petitions should be reviewed within an hour of presentation to a judge, unless a judge is unavailable.
Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.
Page 11 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy
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. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
The agency where a petition was initiated must deliver copies of all petitions and Emergency Protective Orders issued during non-office hours to the appropriate clerk's office at the beginning of the next regular office day.
A copy of all petitions and Emergency Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.
Page 4 | Twenty-four Hour Accessibility
Motions other than those permitted to be heard ex parte must be filed at least eight days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.
The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE
Any response must be filed at least three days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.
The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE
A purchaser seeking payment of prior-year taxes or assessments from sale proceeds must claim them in writing and file the claim of record before confirmation.
All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.
Page 11 | V. MASTER COMMISSIONER PRACTICE
The Master Commissioner must file the Report of Sale no later than three business days after the sale.
The Master Commissioner shall file a Report of Sale no later than three business days after date of sale.
Page 11 | (D) Report of Sale
Third-party tax lien claimants must file an itemized statement within five days after the Report of Sale is filed; failure to do so waives their claim for payment and lien on the property.
Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs: If a third-party tax lien claimant fails to timely file a Statement of Amount Due, the claimant shall be deemed to have waived any claim for payment and lien on the property.
Page 12 | (E) Tax Liens
If no objections to the Report of Sale have been filed, the Master Commissioner must file a motion to confirm sale ten days after the report is filed; the motion is ruled on at the Court's convenience without a hearing.
Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.
Page 12 | (F) Confirmation of Sale
No additional evidence may be placed in the Commonwealth file within 30 days of trial.
No additional evidence shall be placed in the Commonwealth file within thirty (30) days of the trial date.
Page 16
Trial briefs must be filed as directed by the Court’s pretrial orders, and untimely filing may result in sanctions.
Trial Briefs shall be filed in accordance with the Court pretrial orders. Failure to timely file a trial brief may subject counsel to appropriate sanctions by the Court.
Page 18 | XV. TRIALS/TRIAL BRIEFS
An affected party must file a motion to reconsider a dismissal order within 30 days after its entry.
(B) In the event an Order of Dismissal is so entered, the Court shall reconsider its order, providing any affected party shall, within thirty (30) days from the entry of said Order of Dismissal, file a motion to reconsider said Order with the Clerk.
Page 19 | XVII
A facsimile pleading or order is not considered filed of record unless the original is tendered within five working days of transmission.
No facsimile pleading or order shall be considered filed of record without an original being tendered within five working days of the facsimile transmission.
Page 20 | XX. FAXES
Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.
Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.
Page 20 | XVIII
If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.
If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
The Court may routinely grant the motion without a hearing ten calendar days after filing if no response or objection is filed.
This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed.
Civil cases
Page 11 | Rule 2 Court Scheduling/Motion Hour/Procedures for Filing
All other persons may file dependency, neglect, or abuse petitions during the Clerk's normal working hours, 8:00 a.m. to 4:30 p.m. Monday through Friday.
All other persons may file their Petition for Dependency, Neglect or Abuse during normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday.
Civil cases
Page 14 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
After the applicable statutory or civil-rule time requirements expire and all FCRPP and local-rule requirements are complete, either or both parties may move for a decree or final order without a hearing.
Upon the expiration of the time requirements set forth by the applicable statute or civil rule, and upon completion of all requirements of the Kentucky FCRPP and these Local Rules, either or both parties may move for the entry of a decree or final order without a hearing.
Civil cases
Page 16 | 704 Final Decree or Order in Uncontested Actions
The court must review a protective-order petition immediately upon filing, must not leave petitioners waiting for extended periods, and should review the petition within an hour of presentation to a judge or trial commissioner unless none is available.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. 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.
Civil cases
Page 20 | 1. Uniform Protocol for Handling Cases
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 2 | Uniform Protocol for Handling Cases
The Court will consider when it received a motion when ruling on a request for late filing.
The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE
A CR 78(2) motion may be routinely granted ten days after filing unless a response is filed.
the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
Service and Proof of Service Rules
In a Family Court case where a motion is filed six months or more after the decree or final or last order, personal service under the Kentucky Rules of Civil Procedure is required, and service on prior counsel does not suffice.
Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in Family Court cases wherein a motion is filed six months or more from the entry of the decree or final order/last order entered in the case. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
Photocopies of motions and notices must be delivered to opposing parties or counsel on the filing date by mail, hand delivery, fax, or another court-approved method.
Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or notice is filed.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
Any response to a motion must be served at least two days before the motion-hour date.
Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
When seeking a continuance, the party must serve a copy of the written motion on the opposing party.
If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court.
Civil cases
Page 11 | 205 Continuance of Motions
In all dependency, neglect, and abuse cases, the Guardian Ad Litem must notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of every Family Court hearing.
In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian Ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of all hearings coming before Family Court.
Civil cases
Page 14 | 601 Notice of Hearing
An attorney seeking to withdraw must serve a copy of the withdrawal request notice on all parties.
Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.
Civil cases
Page 15 | Duty of Guardian Ad Litem, Parent Attorney, and CASA Volunteer to Continue
The written motion requesting release of a confidential video must be noticed to all parties, including any Guardian Ad Litem for the child or children.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child(ren)'s Guardian Ad Litem, if any, and set forth the purpose for the request.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
An eligible person's petition for a pretrial diversion order must be accompanied by notice to the Commonwealth's Attorney.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
In domestic relations cases reopened more than six months after the final decree to modify it, personal service must comply with the Kentucky Rules of Civil Procedure, and service on a former attorney of record is insufficient.
Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in domestic relations cases reopened after six (6) months from the entry of the final decree for the purpose of moditying a decree. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.
Page 5 | 204 Reopening Cases
In dependency, neglect, and abuse cases, the Guardian Ad Litem must notify the juvenile's current foster family or other custodian of all Family Court hearings.
In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian Ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian if other than the Cabinet for Families and Children, of all hearings coming before Family Court.
Page 6 | 601 Notice of Hearing
The motion requesting an order for confidential video records must be accompanied by notice to all parties, including any Guardian Ad Litem for the child.
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 for the request.
Page 8 | 903 Requests for Confidential Video Records
If a domestic violence case transfers before entry of a protective order, the emergency protective order continues and the initiating court reissues the summons for up to fourteen days if service has not been made by transfer, or for another period the court determines necessary; afterward, the transfer court reissues the summons as needed.
In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the 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 (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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 10 | APPENDIX A — TWENTY-FOUR (24) HOUR ACCESSIBILITY TO EMERGENCY PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION DOMESTIC VIOLENCE PROTOCOL
Any response must be served at least three days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.
The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE
Motions other than those permitted to be heard ex parte must be served at least eight days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.
The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE
A copy of the Report of Sale must be served on the purchaser and all parties who are not in default.
A copy of the Report of sale shall be served on the purchaser in addition to all parties not in default.
Page 11 | (D) Report of Sale
Copies of the motion to confirm sale and confirmation order must be served on the purchaser and all parties who are not in default.
Copies of the motion to confirm sale and the order of confirmation shall be served on the purchaser in addition to all parties not in default.
Page 12 | (F) Confirmation of Sale
The Clerk must mail the pretrial conference order to counsel of record and unrepresented parties at least 10 days before the conference, unless the parties agree otherwise.
Dates for pretrial conferences shall be fixed by Court order, copies of which shall be mailed by the Clerk to all counsel of record, and to parties not represented by counsel, at least ten (10) days in advance of the dates of the conference unless the parties agree otherwise.
Page 16 | XI. PRETRIAL CONFERENCES
Pre-sentence investigation reports must be provided to defense counsel at least two working days before sentencing.
Pre-Sentence Investigation Reports shall be provided to defense counsel no later than two working days prior to sentencing of a defendant in any case.
Page 16
The Clerk must give notice of entry of an order or judgment in accordance with CR 77.04.
Notice of entry of the Order or Judgment shall be mäde by the Clerk in accordance with CR 77.04.
Page 18 | XIV. ENTRY OF ORDERS OF JUDGMENTS AND SERVICE
A videotape deposition may be taken after proper notice is given, without leave of court.
Videotape depositions may be taken upon proper notice being given without requiring leave of court.
Page 13 | VII. VIDEOTAPE DEPOSITIONS
Filing Fees and Waivers
A filer requesting a Guardian Ad Litem in an adoption action must pay the Circuit Court Clerk $150 at filing toward future services.
When making a request for a Guardian Ad Litem for a child(ren) in an adoption action, the filer of the request must pay to the Circuit Court Clerk at the time of filing of said request, $150.00 up front to be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 6 | 107 B
For a termination of parental rights action not brought by the Cabinet, the filer requesting a Guardian Ad Litem must pay the Circuit Court Clerk $150 at filing toward future services.
When making a request for a Guardian Ad Litem for a child(ren) in a termination of parental rights action not brought by the Cabinet for Health and Family Services, the filer of the request must pay to the Circuit Court Clerk at the time of filing of said request, $150.00 up front to be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 6 | 107 D
A Warning Order Attorney is requested by motion, and the filer must pay $150.00 when filing the request toward the attorney's future services.
A. A Warning Order Attorney shall be appointed upon request by motion. When filing a motion requesting a Warning Order Attorney, the filer of the request must pay $150.00 at the time of filing of said request to be applied toward the future services of the Warning Order Attorney
Civil cases
Page 7 | 108 Warning Order Attorneys
The fee must be paid before the Guardian Ad Litem is appointed and is applied toward future services.
that will be required to be paid prior to the Guardian Ad Litem being appointed, and that fee will be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 7
A Friend of the Court request must be set for motion hour; if granted, the court may assign a fee payable before appointment and applied toward future services.
1. When filing a motion requesting the Family Court for a Friend of the Court, the request must be set for motion hour, and, if the motion is granted, the Family Court, in its discretion, will assign a fee that will be required to be paid prior to the Friend of the Court being appointed, and that fee will be applied toward the future services of the Friend of the Court.
Civil cases
Page 7 | 109 Friend of the Court
Required filing fees must accompany petitions and applicable motions unless the Court permits in forma pauperis status; that status does not determine the final allocation of costs and fees.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions. When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
Civil cases
Page 16 | 701 Filing Fees
2. An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.
2. An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.
Page 7 | V. MASTER COMMISSIONER PRACTICE
An affiant submitting an affidavit for a Warning Order Attorney must pay $150.00 toward the attorney’s future services.
Upon submitting an affidavit for a Warning Order Attorney, the affiant must pay $150.00 to be applied toward the future services of the Warning Order Attorney.
Page 13 | VI. WARNING ORDER ATTORNEYS
The $50 fee for reopening a case after six months does not apply to Motions for Contempt or Motions for Rule.
With regard to FCRPP 3(6) the "$50 reopen after six months fee" does not apply to Motions for Contempt/Motions for Rule.
Page 5 | 204 Reopening Cases
Sealing & Redaction Procedures
The Circuit Clerk’s Office may not release a Family Court confidential video recording without a specific written order from the Family Court Judge, except as authorized in Paternity actions.
The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge.
Civil cases
Page 17 | 904 Requests for Confidential Video Records
When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked sealed envelope, with access restricted to authorized persons; filings in actions deemed confidential by statute need not be redacted and are governed by the cited statutes.
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 by filing one copy from which any personal data has been redacted and filing an un-redacted copy in a marked and sealed envelope. The clerk of the Court shall allow the un-redacted 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(ren) support 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 taxpayer identification number, date of birth, or financial account number. 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.
Civil cases
Page 17 | 902 Protection of Personal Identifiers
The Circuit Clerk’s Office may not release a Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 27, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge.
Civil cases
Page 17 | 903 Video Copies of In-Chamber Interviews with Children
After a final adoption order, the Clerk must seal the case records; inspection requires a court order or another rule-based authorization, and clerks may open the file only as necessary to perform custodial duties and may provide certified adoption orders to adoptive parents.
Except as otherwise provided, upon entry of the final order in an adoption case, the Clerk shall place all papers and records in a suitable envelope which shall be sealed and shall not be opened for inspection by any person except on written order of the court or as otherwise permitted under this rule. The Clerk or Deputy Clerks are permitted to unseal and open an adoption file only for such reasons as are necessary in the performance of their duties as custodians of the records and may furnish certified copies of the Order of Adoption to the adoptive parents.
Page 6 | 301 Adoption Records
Mediation documents and communications are confidential, generally undiscoverable and inadmissible, subject to exceptions provided by the rule, a court order for good cause, and the mediator's abuse-reporting duties.
Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. Mediation documents and communications are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. An exception to this rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030 and KRS 620.030.
Page 7 | 702 Mediation
The order requirement does not apply to qualifying public officers or employees who certify their investigative or prosecutorial role, but they may use and distribute the information only for investigation or prosecution of offenses under Kentucky law.
Except that, pursuant to KRS 610.340 (2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Page 8 | 903 Requests for Confidential Video Records
Access to an unredacted sealed copy containing personal identifiers is limited to the listed parties, court personnel, authorized child-support personnel, and persons authorized by court order.
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 matters attendant to the case, or a person authorized to view the copy by specific orders of the court.
Page 9
Parties must file a redacted copy and a marked, sealed unredacted copy containing personal identifiers, with access restricted as specified; documents in actions deemed confidential by statute need not be redacted and are governed by the cited statutes for access.
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. 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 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. 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 9
The clerk must log when the sealed envelope is opened, who opened it, and the purpose.
The clerk shall keep a record in the form of a log as to when the envelope was unsealed, by whom and for what purpose the envelope was unsealed.
Page 9
When a dissolution case closes, the Clerk may unseal the envelope to remove and mail the VS-300; otherwise, the envelope may be unsealed only as directed by the presiding judge or Circuit Court Clerk and must then be resealed.
Upon a dissolution of marriage case being closed, the Clerk of the Circuit Court is hereby authorized to unseal the envelope and remove the VS-300 for mailing to Kentucky's Office of Vital Statistics; otherwise the sealed envelope may only be unsealed upon direction of the presiding judge or the Circuit Court Clerk and is to be re-sealed.
Page 9
Juror qualification forms and their contents are confidential and may be disclosed only to the listed people, subject to the Chief Circuit Judge’s authority to keep information confidential or limit its use; copies may be made at the requester’s expense and must be destroyed within a reasonable time after the jury term.
The contents of juror qualification forms shall be made available to the trial judge and to parties of their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential, or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part I1, Section 7, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associates with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.
Page 17 | XIII. JURY QUESTIONNAIRE
The Clerk may release confidential juvenile records to an attorney for the juvenile or parent in a corresponding civil or criminal action, including the listed types of proceedings.
The Clerk of the court is authorized to release confidential juvenile records of Dependency, Neglect or Abuse proceedings to the attorney (whether it be an appointed public defender, private attorney, or court-appointed attorney) for the juvenile or the juvenile's parent in a corresponding criminal or civil legal action. "Corresponding legal action" shall include but is not limited to divorce actions, termination of parental rights actions, juvenile status offense actions, or criminal actions involving the same or similar transactions and occurrence alleged in the dependency, neglect, or abuse action.
Civil cases
Page 14 | 602 Release of Confidential Records
Information in a paternity case file is confidential and subject to attorney-client privilege, regardless of whether the party is later represented.
Regardless of the subsequent representation or non- representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
Civil cases
Page 14 | 502 Permission to Review and Copy Paternity Case Files
The confidential-video restriction does not apply to qualifying public officers or employees, as certified, but they may use and distribute the information only for investigation or prosecution of offenses under Kentucky law.
Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
Adjournment & Extension Requirements
A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on a new date; if that fails, the requesting party must immediately file a written continuance motion stating the reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also complying with FCRPP 23.
An attorney or prose party who will be unable to be present at the time scheduled in the motion/hearing shall immediately notify the moving attorney or prose party and attempt to establish a new mutually agreeable date and time for hearing the motion by working with the Family Court Judge's assistant (270-753-6260 or 270-527-2611) for new available dates. If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court. Any motion for continuance in a dependency, neglect or abuse matter shall comply with the requirements of FCRPP 23.
Civil cases
Page 11 | 205 Continuance of Motions
An attorney unable to attend a scheduled motion hearing must immediately contact the moving attorney to try to agree on a new time; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge while filing it with the Clerk.
G. CONTINUED MOTIONS. An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing with the Clerk.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
After the status hearing, the Court will continue a case only for good cause.
After the status hearing, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 15
At the status hearing, an unresolved case may be continued only for good cause shown.
At the status hearing, if not resolved, the case shall either be assigned for trial, continued for good cause shown, or referred to mediation.
Page 15
A motion for continuance must be made and heard before the designated report date, unless good cause is shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 15
If additional evidence is placed in the file, the Court must continue the trial unless the defendant agrees to the scheduled trial date.
If additional evidence is to be placed with the file, the Court shall continue the trial date, unless the Defendant agrees to a trial on the date scheduled.
Page 16
The Court may continue an untimely subsequent motion if an opposing party objects or for other good cause.
However, the Court shall have discretion to continue any untimely filed subsequent motions upon an opposing party's objection or for other good cause.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
The Court may allocate costs for a continuance upon a showing of good cause and retains final discretion to grant or deny any continuance.
The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance.
Civil cases
Page 11 | 205 Continuance of Motions
Criminal trial dates may be changed only with leave of Court.
These dates may be changed with leave of Court.
Page 14 | X. PROCEDURE IN CRIMINAL CASES
Chambers Communication Rules
If circumstances warrant, local law enforcement or the Cabinet for Health and Family Services must contact the Family Court Judge, or the District Judge if the Family Court Judge is unavailable, to determine whether an emergency custody order should be entered.
If the circumstances warrant, local law enforcement or the Cabinet for Health and Family Services shall contact the Family Court Judge or, if unavailable, the District Judge in accordance with FCRPP 19 to determine whether an emergency custody order should be entered.
Page 7 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
During regular business hours, the authorized agency or officer must present the petition to the available Family Court Judge or, if unavailable, seek consideration from the listed judicial officers in order.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The petition shall be presented to the Family Court Judge, if the judge is in the county and available. In the event the Family Court Judge is not in the county or is unavailable, the clerk shall seek the consideration of the matter by any of the following judicial officers, in the order listed: the District Judge in the county, the District Judge for the adjacent county located in the 42 Judicial Circuit, and then the Circuit Judge of Division I in the 42nd Judicial Circuit. Finally, if none of the foregoing can be located, the clerk shall seek consideration of any District, Family or Circuit Judge in any Kentucky county.
Page 3 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or individual must deliver the petition for consideration to the specified judges in the listed order, using any District, Family, or Circuit Judge in Kentucky if none of them is available.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The authorized agency or individual handling the petition for an Emergency Protective Order or Interpersonal Protective Order petition shall deliver the petition for consideration to the District Judge of the county, or if unavailable or not found within the county, to the Family Court Judge, the District Court Judge of the adjacent county located in the 42"° Judicial Circuit, and then the Circuit Judge for Division I for the 42"d Judicial Circuit, in that order. If none is available, the petition shall be delivered for consideration to any District, Family or Circuit Judge in any Kentucky County.
Page 3 | Twenty-four Hour Accessibility
The Commonwealth and defense counsel must inform the Court of their intentions to mediate before mediation.
The Commonwealth and Defense counsel shall inform the Court of their intentions to mediate prior to mediation
Page 16
The mediation outcome must be reported to the Court on the Rule Day following mediation.
the outcome of the mediation shall be reported to the Court on the Rule Day following mediation.
Page 16
The Family Court Judge and staff may provide information, referrals, and other assistance when possible, but may not provide litigants with legal services or legal advice.
The Family Court Judge and Staff are available and willing to provide information, referrals for services, and additional assistance when possible. However, pursuant to the Kentucky Court of Justice mandates, neither the Court, nor the Family Court Staff, nor the Circuit Clerk, nor any deputy clerk is permitted to provide legal services or legal advice to litigants.
Civil cases
Page 18 | 906 Additional Assistance
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 3 | IIII. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 12 | IIII. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county that issued the Emergency Protective Order of Domestic Violence.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the Emergency Protective Order of Domestic Violence was issued.
Page 4 | IV. Contempt Proceedings
In urgent cases, a motion may be noticed for another hearing time on proper notice, and the moving attorney should consult with the Judge and responding party about a suitable time.
E. In case of urgency, a motion upon proper notice may be noticed for hearing at another time. In this event, the attorney for the moving party should consult with the Judge and responding party for a suitable time for the matter to be noticed.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
An order of sale may allow the judgment holder to cancel by written notice at least one hour before the sale, but the cancellation is effective only if the Master Commissioner confirms receipt before the sale.
Orders of sale may contain a provision that the party who obtained the Judgment may cancel the sale by delivering a written notice to cancel sale to the Master commissioner at least one hour prior to the scheduled sale. A notice to cancel sale shall not be effective unless the Master Commissioner confirms receipt of the notice prior to the sale.
Page 9 | V. MASTER COMMISSIONER PRACTICE
For good cause, the Judge may hear a motion by telephone, and conference dates and times may be obtained by calling the Judge's Assistant at either listed number.
For good cause shown, a motion may be heard by telephonic conference at the discretion of the Judge. Dates and times for telephonic conference may be obtained by contacting the Judge's Assistant at the Office of the Family Court (270-753-6260 or 270-527-2611).
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
To seek a mutually agreeable new hearing date, a party may work with the Family Court Judge's assistant at 270-753-6260 or 270-527-2611.
An attorney or prose party who will be unable to be present at the time scheduled in the motion/hearing shall immediately notify the moving attorney or prose party and attempt to establish a new mutually agreeable date and time for hearing the motion by working with the Family Court Judge's assistant (270-753-6260 or 270-527-2611) for new available dates.
Civil cases
Page 11 | 205 Continuance of Motions
After all procedural requirements for an uncontested adoption final hearing are met, including a home investigation when necessary, parties may contact the Family Court's office at 270-753-6260 or 270-527-2611 to secure a hearing date and time.
Once all procedural requirements have been met for a final hearing in an uncontested adoption, including the home investigation where necessary, parties may secure a date and time for a final adoption hearing by contacting the Family Court's office at 270-753-6260 or 270-527-2611.
Civil cases
Page 12 | 303 Obtaining Date and Time for Hearings in Adoption Cases
The hearing date and time may be obtained by calling the Family Court's office at either listed number.
The time and date for the Temporary Removal Hearing may be obtained by contacting the Family Court's office at 270-753-6260 or 270-527-2611.
Civil cases
Page 15 | 604 Date/Time for Temporary Removal Hearing
Parties may agree to set a contested-motion hearing with the Judge's Secretary at any available docket time, subject to later rescheduling by the Court.
1. The Judge will keep available a calendar showing dates and times for the hearing of contested motions. Parties may, by agreement, set the hearing of contested motions with the Judge's Secretary at any available times on the docket, subject to later rescheduling by the Court.
Page 6 | IV. MOTION DAYS AND MOTION PRACTICE
After checking with the Clerk's Office, the party must set the motion for a Motion Day at a time.
After checking with the Clerk's Office, the party shall proceed to set the motion for a Motion Day at a giving time.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE