Campbell Circuit Court

Documents requiring the judge’s signature may be tendered electronically through CourtNet.

Documents requiring the judge's signature may be tendered electronically through CourtNet.

Page 8 | RULE 7. DOMESTIC RELATIONS PRACTICE

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 2 | Uniform Protocol for Handling Cases

The court must review a protective-order petition immediately upon filing.

F. 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

Motions must be filed at least seven days before the court date, except ex-parte emergency motions.

All motions shall be filed at least (7) days in advance of the court date. Ex-parte emergency motions are exempt from this rule.

Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE

The Affidavit of Indigency is due within seven days from entry of the order, or as soon thereafter as reasonably possible.

Said appointment for parents and/or custodian is contingent upon the party's submission of an Affidavit of Indigency with this Court within seven (7) days from the date the Order is entered or as soon thereafter is reasonably possible.

Page 6 | RULE 6. JUVENILE DEPENDENCY NEGLECT AND ABUSE

A response to the petition must be filed within 20 days after service of the petition and financial disclosure affidavit.

A response to the petition shall be filed within twenty (20) days after service of the petition and financial disclosure affidavit.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

Each party must file mediation-related motions, stipulations, and agreements at least 7 days before the case management conference.

At least seven (7) days prior to the conference, each party shall file any related motions, stipulations, or agreements reached as a result of the mediation.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

After court-ordered mediation fails to resolve all issues, the parties must contact the Court within 10 days to schedule a case management conference.

If the parties are ordered by the Court to attend mediation, but are unable to resolve all issues through mediation, they shall contact the Court within ten (10) days to schedule a case management conference.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

A petition must be reviewed within one hour after presentation to a judge or trial commissioner, unless their unavailability makes that impossible.

D. 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 12 | II. Twenty-four Hour Accessibility

If the parties have minor children, the judge cannot sign the decree until 60 days from service or entry of appearance.

Also check the service or entry of appearance - judge cannot sign until 60 days from service or EOA if the parties have minor children.

Page 17 | APPENDIX C - DECREE BY DEPOSITION CHECKLIST

Copies of the listed documents must be filed when they are used.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: (a) Order referring to Mental Health Court; (b) Notice of Eligibility; (c) Order transferring to Mental Health Court; (d) Affidavit of violations; and, (e) Orders of Termination, graduation, or administrative discharge.

Criminal cases

Page 13 | Section 18. Filing of Mental Health Court Documents

A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.

The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted

Page 13

Motions noticed for a regular Motion Docket in Boone or Gallatin must be filed and received by noon on the preceding Thursday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the next preceding Thursday for call on the succeeding Tuesday Motion Docket for Boone and the succeeding Monday Motion Docket for Gallatin.

Page 14 | Motion Days and Motion Practice - Specific; A. Boone and Gallatin Circuit Courts

Motions noticed for a regular Friday Motion Docket must be filed and received by the Circuit Clerk no later than noon on the preceding Tuesday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's office not later than 12:00 noon on the next preceding Tuesday for call on the succeeding Friday Motion Docket.

Page 16 | B. Campbell Circuit Court

Motions for a regular Monday Motion Docket must be filed and received by the Circuit Clerk by noon on the preceding Wednesday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's office not later than 12:00 noon on the next preceding Wednesday for call on the succeeding Monday Motion Docket.

Page 19

An original Request for Admission may not be filed under this provision until any additional CR 6.05 response time has expired.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

Page 23 | A. Filing Discovery Material; 1. Documents Not to Be Filed

If reasonably anticipated, the relevant portion of an otherwise unfiled document must be filed with the Clerk at trial commencement, with the motion, or at the time of appeal, depending on its use.

If a document not filed pursuant to CR 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appeal purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.

Page 24 | A. Filing Discovery Material; 3. When Documents May Be Filed

The exhibit list must be tendered at trial commencement or at the pre-trial immediately preceding trial.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

Page 26 | RULE 9. EXHIBITS — D. List of Exhibits

In non-jury cases, trial briefs must be filed no later than 5 days before trial, excluding Saturdays, Sundays, and legal holidays.

B. In all non-jury cases, each party to the action shall file with the Court, no later than five (5) days prior to trial (Saturday, Sunday and legal holidays excluded), a trial brief.

Page 26 | RULE 11. TRIAL BRIEF AND JURY INSTRUCTION — B

Counsel must receive at least 10 days’ notice of a pre-trial conference.

On motion of any party, or on the Court's motion, a pre-trial may be held in any civil action. Counsel shall be given a minimum often (10) days notice of a pre-trial conference.

Page 26 | RULE 10. PRE-TRIAL CONFERENCES

In jury cases, trial briefs and desired jury instructions must be filed no later than 10 days before trial, excluding Saturdays, Sundays, and legal holidays.

A. In all jury cases, each party to the action shall file with the Court, no later than ten (10) days prior to trial( Saturday, Sunday and legal holidays excluded), a trial brief and desired jury instructions.

Page 26 | RULE 11. TRIAL BRIEF AND JURY INSTRUCTION — A

Opposing counsel has 10 days to object to an order or judgment only for lack of conformity with the Court’s ruling; if no objection is filed, the Court will enter it.

Opposing counsel has ten (10) days within which to file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court. If no objection is filed within said time the Court will enter the order or juagment.

Page 27 | Rule 12. Judgments and Orders

The Court will enter the order after five days, excluding Saturdays, Sundays, and legal holidays, unless the refusing counsel files written exceptions and sets them for hearing at the earliest practicable time.

The Court shall enter the order after the expiration of five (5) (Saturday, Sunday and legal holidays excluded) days from the time it was filed, unless counsel who refused to make the endorsement shall have filed written exceptions to it and set such exceptions for hearing before the Court at the earliest practicable time.

Page 28 | Rule 12. Judgments and Orders

For a case with no pretrial step in the preceding year, the Clerk must give written notice that it will be dismissed without prejudice in 30 days unless good cause is shown by affidavit.

The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if pro set, of every case in which no pre-trial step has been taken within the last year, that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown by affidavit.

Page 28 | Rule 14. Dismissal of Civil Actions for Failure to Prosecute

In an action not dismissed, pre-trial steps must be taken within 30 days or the action will be automatically dismissed.

B. In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).

Page 29

A party objecting to an appraisal must file written objections and arrange a hearing with the Court before the sale date.

C. Before the sale of land, the Master shall have it appraised pursuant to KRS 426.200(3). Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

Page 30 | RULE 17. PRACTICE BEFORE THE MASTER COMMISSIONER

A written objection to an arbitration referral order must be filed within 10 days of the referral order’s filing.

No party has filed written objection to an order referring a case to arbitration within ten (10) days of the filing of the referral order.

Page 33 | A. Cases For Arbitration

A motion raising an exception to an arbitrator must be filed within 5 days after notice of assignment is mailed.

2. Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of notice of assignment and shall be heard by the Court.

Page 34 | B. Exception to Order of Arbitrator

A motion raising an exception to an order placing a case on the arbitration list must be filed within 10 days after notice of the order is mailed.

Exceptions to an order placing a case on the arbitration list shall be raised by a motion filed within ten (10) days of the mailing of notice of such order, and shall be heard by the Court.

Page 34 | B. Exception to Order of Arbitrator

The Chairperson must file the award with the Circuit Clerk and Bar Association within 15 days after the hearing and send copies to all parties or counsel on the filing day.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Page 38 | N. Report and Award

Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:

Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:

Page 40 | U. Exceptions and Reasons Therefore

An appeal’s required conditions, including filing a notice of appeal with an affidavit, must be completed within 30 days after the award is entered on the Clerk’s docket.

The right of appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) days after the entry of the award of the Board on the docket in the office of the Clerk of Courts: The appellant shall file with the Clerk a notice of appeal accompanied by an Affidavit within thirty (30) days that the appeal is not being taken for delay.

Page 40 | Q. Right to Appeal

The response must be filed within 20 days after service of the petition and financial disclosure affidavit.

A Response to the Petition shall be filed within twenty (20) days after service of the Petition and Financial Disclosure Affidavit.

Page 41 | RULE 30. DISSOLUTION

Kenton Circuit Court motions must be filed no later than seven days before the hearing, and a courtesy copy must be delivered to the Court.

All motions must be filed in the Clerk's office no later than seven (7) days immediately preceding the day on which the matter is to be heard and a courtesy copy delivered to the Court.

Page 42 | RULE 31. MOTION PRACTICE — A. Kenton Circuit Court

Motions must be filed with the clerk and a copy served on the Domestic Commissioner by the Friday before the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard

Page 42 | RULE 31. MOTION PRACTICE — B. Boone and Gallatin Circuit Courts

A seven (7) day notice of the hearing date of a motion is required.

A seven (7) day notice of the hearing date of a motion is required.

Page 42 | RULE 31. MOTION PRACTICE — A. Kenton Circuit Court

Motions must be filed in the Clerk's office by the Monday immediately before the Friday hearing.

All motions must be filed in Clerk's office no later than the Monday immediately preceding the Friday on which the matter is to be heard.

Page 43

Objections to a recommended order may be filed within 10 days after entry of the order.

Objections to the recommended order may be filed within ten (10) days after the order is entered.

Page 43

A temporary child support motion may be scheduled for hearing or decided under KRS 403.160(5)(b) within 14 days of filing.

This motion may be scheduled for hearing, or pursuant to KRS 403.160(5)(b) decided by the Court within 14 days of filing.

Page 44 | D. Temporary Child Support Motions

Motions for summary judgment must be made at least ten days before the pretrial conference.

C. Motions for summary judgment must be made ten (10) days prior to the pretrial conference.

Page 55

The certificate of compliance with Rule 93 is due upon completion of discovery.

A certificate of compliance with Rule 93 shall be filed by each party upon the completion of discovery.

Page 57 | CR 94. CERTIFICATE OF COMPLIANCE

A party who no longer wants a requested jury must notify the Court at least 48 hours before the case is called; otherwise, jury costs will be imposed on that party.

When a party who requested a jury no longer desires one, the party shall notify the Court not later than forty-eight (48) hours before the case shall be called. Failure to do so shall result in the imposition of jury costs on the requesting party.

Page 65 | RULE 50. JURY TRIAL

A fee application may not be submitted until the statutory maximum fee has been earned or after disposition, whichever occurs first.

Applications for a fee shall not be submitted until the maximum fee as authorized by state law has been earned or until after disposition, whichever occurs first.

Page 76 | RULE 77. FEES

In Boone and Campbell Counties, the Petition must be filed with the clerk at least one day before the appointment.

[Boone and Campbell Counties - the Petition must be filed with the clerk's office at least one day prior to the appointment date.]

Page 87 | RULE 86. OBTAINING A COURT DATE

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a Will or similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a Will or similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

Page 88 | RULE 88. INITIAL PETITION AND DOCKETING THE CASE

A settlement must be filed with the probate clerk at least seven days before its confirmation date.

To be confirmed, a settlement must be filed with the probate clerk at least seven (7) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable.

Page 90 | RULE 94. SETTLEMENTS

A personal representative must file two copies of the inventory with the Probate clerk within two months after qualifying.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

Page 90 | RULE 93. INVENTORIES

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none 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

If a Temporary Removal Hearing is set within 24 hours after entry of an Emergency Custody Order, the clerk must notify all relevant parties and attorneys that the order was entered.

The Court Clerk shall notify all relevant parties and attorneys that an Emergency Custody Order has been entered if the Temporary Removal Hearing is set within twenty-four (24) hours of the Order being entered.

Page 6 | RULE 6. JUVENILE DEPENDENCY NEGLECT AND ABUSE

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made, for up to fourteen days or as the court deems necessary for the petitioner's protection; later reissuance is handled by the transferee court as needed.

Consistent with FCRPP 12, when the Family Court Judge orders that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

Page 11 | I. Uniform Protocol for Processing Cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 12. Voluntary Termination

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice

Criminal cases

Page 11 | Section 13. Administrative Discharge

For orders required to be served, the Circuit Clerk is directed to mail copies to the recipients specified in the order.

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shail contain directions to the Circuit Clerk for distribution thereof in the following manner: -. Mail copies to: John Jones Attorney for Plaintiff, Jane Doe 208 Main Street Anytown, Kentucky 41000

Page 15

Upon assignment of a hearing date, the requesting attorney must send a Notice of Hearing to the opposing party or counsel.

Upon assignment for hearing in each case, the requesting attorney shall send Notice of Hearing to the opposing party or their counsel.

Page 20

Briefs, pleadings, and memoranda must include proof of service with specified information; in ex parte proceedings, an affidavit by the server may be used, and the hearing place must be designated when a party is self-represented.

E. Proof of Service. All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service. Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro set.

Page 21 | RULE 6. BRIEFS, PLEADINGS AND MEMORANDA; PROOF OF SERVICE

An original Request for Admission filed under this provision must include proof stating the precise service date and manner, and may not be filed until any additional CR 6.05 response time has expired.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

Page 23 | A. Filing Discovery Material; 1. Documents Not to Be Filed

The parties responsible for serving a document must retain its original as custodian and provide access to all parties of record while the action is pending.

The parties responsible for service of the document shall retain the original and become the custodian. The custodian shall provide access to all parties of record during the pendency of the action.

Page 23 | A. Filing Discovery Material; 2. Custodian of Documents

Trial briefs and jury instructions must be served on opposing parties or counsel in accordance with the applicable rules for service of pleadings.

Briefs and jury instructions shall be served upon opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

Page 26 | RULE 11. TRIAL BRIEF AND JURY INSTRUCTION — A

Each party’s counsel must tender the exhibit list to opposing counsel as well as to the Court.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

Page 26 | RULE 9. EXHIBITS — D. List of Exhibits

Briefs must be served on opposing parties or counsel under the applicable rules for service of pleadings.

Briefs shall be serviced upon the opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

Page 27

The Master must file and notice a Motion to Confirm the Report for the assigned division's Motion Docket, with at least ten days between service of notice that the Report was filed and the hearing.

The Master shall file a Motion to Confirm the Report and shall notice same for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report. CR 53.06.

Page 29 | RULE 17. PRACTICE BEFORE THE MASTER COMMISSIONER

Documentary evidence and expert reports must be served at least 14 days before the hearing unless counsel agree otherwise.

Documentary evidence, written reports of experts, provided that such evidence has been served upon the adverse parties or their counsel at least fourteen (14) days before the hearing, unless counsel otherwise agree;

Page 37 | K. Conduct of Hearing: General Powers

A party offering an estimate must forward it and the required repair-status statement and receipted bill to the adverse party with the notice.

In the case of an estimate, the party intending to offer the estimate shall forward with his or her notice to the adverse party together with the copy of the estimate a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.

Page 37 | K. Conduct of Hearing: General Powers

Copies of the award must be mailed or otherwise forwarded to all parties or their counsel on the day the award is filed.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

Page 38 | N. Report and Award

A copy of the notice of appeal and accompanying affidavit must be served on the opposing parties or their counsel.

A copy of such instruments shall be served upon opposing parties or their counsel.

Page 40 | Q. Right to Appeal

Copies of exceptions must be served on each arbitrator.

Copies of such exceptions shall be served upon each arbitrator

Page 41

A copy of each motion must be served on the Domestic Commissioner by the Friday before the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard

Page 42 | RULE 31. MOTION PRACTICE — B. Boone and Gallatin Circuit Courts

Once a motion is assigned to the Master Commissioner, a copy must be served on the Master Commissioner.

Upon assignment to the Master Commissioner, a copy of the motion shall be served on the Master Commissioner.

Page 43

The hearing date requires 10 days' notice unless the parties certify reasons for giving less notice.

A ten (10) day notice of the hearing date is required unless the parties certify in the notice reasons for a hearing on lesser notice.

Page 43

In the specified child-support proceedings, each party’s counsel must exchange relevant income, children’s health-care-expense, and work-related child-care-expense information and documentation without a formal request and as soon as practical.

In Child Support Motions, pendente lite, modification of an existing child support obligation, or in a final hearing in which child support is at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income, health care expenses covering the children, and work-related child care expenses.

Page 50 | RULE 35. DISCOVERY

Rebutting memorandums must be served within ten days.

Rebutting memorandums must be served within ten (10) days.

Page 63 | RULE 48. MOTIONS - GENERAL

An order of delivery requires seven days’ notice to the person possessing the property and notice to anyone with an interest in it, unless a verified statement gives reasons for non-notice; the notice is heard at the time set for the motion.

All orders of delivery shall be by seven (7) days notice to the party having possession of the personal property unless a verified statement is filed setting forth the reasons for non-notice. Notice shall also be given to any person who has an interest in the personal property. This notice shall be returnable and heard before the District Court at the time provided for the hearing of said motion by the District Court.

Page 65 | RULE 53. ORDERS OF DELIVERY

The notice requirements in KRS 395.016 must be complied with.

The Notice requirements set forth in KRS 395.016 must be complied with.

Page 87 | RULE 86. OBTAINING A COURT DATE

When time is of the essence, faxed or electronic copies of Emergency Custody Orders or petitions are sufficient notice to the listed recipients.

In situations where time is of the essence, faxed or electronic copies of Emergency Custody Orders and/or Petitions shall constitute sufficient notice when being sent to guardians ad litem, the CHFS, counsel for parents, county attorneys, the Director of Pupil Personnel, any and all school and/or educational facilities, and/or the complaining witnesses).

Page 6 | RULE 6. JUVENILE DEPENDENCY NEGLECT AND ABUSE

Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.

Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.

Page 13 | F. Publication Not Equivalent to Service

The Clerk must comply with the notice provisions of CR 53.06(1).

The Clerk shall comply with the Notice Provisions of CR 53.06(1).

Page 29 | RULE 17. PRACTICE BEFORE THE MASTER COMMISSIONER

If full disclosure is objected to pending final hearing, the disclosure statement may be sent directly to the party or counsel without filing it with the court.

In the event a full disclosure is objected to, pending final hearing, the disclosure statement may be sent directly to the party, or their counsel, without filing with the court.

Page 41 | RULE 30. DISSOLUTION

Sibling adoptions must have separate case numbers and separate filing fees paid under FRCPP 30(2).

In the event of sibling adoptions, separate case numbers shall be assigned, and separate filing fees shall be paid in accordance with FRCPP 30(2).

Page 3 | RULE 3. ADOPTION

Judges and Mental Health Court staff may not collect money for the Court through forfeitures, plea agreements, sanctions, fees, fines, or other costs except as provided in the rules.

(3) No judge or Mental Health Court staff shall collect monies for use for Mental Health Court through forfeiture, plea agreements, sanctions, fees, fines or other costs, other than those referred to herein.

Criminal cases

Page 14 | Section 19. Collection of Fees

Reimbursement fees must be paid by certified check, cashier's check, or money order payable to the Kentucky State Treasurer; staff may not accept cash.

(2) Reimbursement fees shall be in the form of certified checks, cashier's checks or money orders, each of which shall be made payable to the Kentucky State Treasurer. At no time shall Mental Health Court staff accept cash from a participant.

Criminal cases

Page 14 | Section 19. Collection of Fees

Upon referral to arbitration, all parties must pay the $240 arbitration fee within 30 days of assignment; nonpayment may be referred to the Circuit Court.

Upon referral of a matter for arbitration, all parties shall pay to the Circuit Clerk the fee for arbitration of Two Hundred Forty ($240) Dollars within thirty (30) days of assignment. Failure to pay their pro rata share of these costs shall be referred to the Circuit Court for appropriate orders.

Page 39 | P. Compensation of Arbitrators

A motion requiring the Domestic Relations Commissioner's fee must include the fee when filed; a motion without the required fee will be returned.

All motions for which a deposit of the Domestic Relations Commissioner's fee is required must be accompanied by said fee for filing. See the section on fees. Any motion not accompanied by the appropriate fee will be returned.

Page 42 | RULE 31. MOTION PRACTICE — B. Boone and Gallatin Circuit Courts

Commissioner hearing fees are $40 per hour, assessed at $10 for each quarter hour or part thereof, payable through the circuit court clerk by the fifth working day after the hearing concludes.

For any hearing the commissioner shall receive a fee of $40 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of circuit court clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 51 | Rule 36. Domestic Relations Commissioner's Fees

A party requesting a jury trial or removing a case from Small Claims Court must pay the jury fee to the Clerk when filing the request, or the right to a jury trial is waived.

Any party desiring a july trial shall, at the time of filing a Motion for a jury trial or removal from Small Claims Court, pay the jury fee to the Clerk as required. Otherwise, his or her right to trial by jury shall be waived.

Page 65 | RULE 50. JURY TRIAL

All required fees must be paid for the initial Petition and case docketing.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a Will or similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

Page 88 | RULE 88. INITIAL PETITION AND DOCKETING THE CASE

All required fees for an initial Petition must be paid, including a check payable to the County Clerk for recording the Will and probate Order when a Will is involved.

An initial Petition for appointment of a fiduciary, probate of a Will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the Will and Order admitting same to probate if a Will is involved.

Page 88 | RULE 87. INITIAL PETITION

If a will is admitted to probate, the petitioner or attorney is responsible for recording the will and order and paying the County Clerk’s fees.

The Petitioner or his/her attorney shall be responsible for the recording of the Will and Order and the fees to the County Clerk if a Will is admitted to probate.

Page 89 | RULE 90. WILLS

When the Court transfers custody, parenting-time, or support matters to a civil custody proceeding, it may order the moving party to pay the appropriate filing fee unless the movant is proceeding in forma pauperis.

Such a transfer may require the Court to order that the appropriate filing fee be paid by the moving party unless the movant is proceeding in forma pauperis.

Page 4 | RULE 5. PATERNITY

The Mental Health Court may impose reimbursement fees for specified treatment and testing services, with payment standards and policies established by the Court.

(1) A reimbursement fee may be imposed by Mental Health Court for treatment services, the cost of a laboratory confirmation of compliance with medication protocols, a positive drug test, or other required services. The standards and policies relating to the payment of a reimbursement fee shall be established by the Court.

Criminal cases

Page 13 | Section 19. Collection of Fees

For assigned motions requiring a Master Commissioner's Fee deposit, the deposit should accompany the motion before a hearing date is set.

All motions, once assigned, for which a deposit of the Master Commissioner's Fee is required should be accompanied by said deposit prior to setting a hearing date.

Page 43

Commissioner fees in an uncontested divorce may not exceed $15.

No more than $15 shall be assessed in any uncontested divorce.

Page 51 | Rule 36. Domestic Relations Commissioner's Fees

Commissioner fees are capped at $600 per case unless the circuit judge recommends and the Chief Justice approves a higher amount based on shown extraordinary circumstances.

No more than $600 shall be assessed in any case regardless of the number and length of hearings unless recommended by the circuit judge and approved by the Chief Justice for extraordinary circumstances shown.

Page 51 | Rule 36. Domestic Relations Commissioner's Fees

If a case is reopened, additional commissioner fees totaling up to $200 may be assessed.

If a case is reopened additional fees totaling not more than $200 may be assessed.

Page 51 | Rule 36. Domestic Relations Commissioner's Fees

The commissioner is entitled to a reasonable fee for collecting unpaid fees relating to commissioner hearings.

The commissioner shall be entitled to a reasonable fee for collecting any unpaid fees relating to hearings before the commissioner.

Page 52 | Rule 36. Domestic Relations Commissioner's Fees

No fee is charged for a motion to set a contested hearing or a motion to withdraw as attorney of record.

There is no fee for motions to set contested hearings or to withdraw as attorney of record.

Page 51 | Rule 36. Domestic Relations Commissioner's Fees

Ex-parte emergency motions must be noticed at the Court's convenience, and a courtesy copy must be emailed to a member of the Court's staff.

Ex-parte emergency motions shall be noticed at the convenience of the Court and a courtesy copy shall be emailed to a member of the Court's staff.

Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE

A copy of the applicable final-hearing documents must be presented to the Court immediately before the hearing.

a copy of which shall be presented to the Court immediately before a final hearing.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

One courtesy copy of the motion and all attachments must be delivered to the hearing judge’s office on the same day the motion is filed with the Clerk.

A courtesy copy of the motion and all attachments shall be delivered to the office of the Judge before whom the motion will be heard. Delivering of this copy shall coincide with the day of the filing of such motion with the Clerk's office.

Page 12 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET)

Unless cause is shown or the Court provides otherwise, furnish the Judge one copy of each document or written exhibit intended for use at trial by trial commencement or the preceding pre-trial.

E. Copy for Judge. Except upon cause shown or as provided otherwise by the Court, a copy of each document or written exhibit intended to be tendered or entered during trial shall be furnished to the Judge at the commencement of a civil trial or at the pre-trial next preceding the commencement of a civil trial.

Page 26 | RULE 9. EXHIBITS — E. Copy for Judge

A courtesy copy of each Kenton Circuit Court motion must be delivered to the Court.

All motions must be filed in the Clerk's office no later than seven (7) days immediately preceding the day on which the matter is to be heard and a courtesy copy delivered to the Court.

Page 42 | RULE 31. MOTION PRACTICE — A. Kenton Circuit Court

When personal identifiers are required by statute or appear in filed documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by the specified 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(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.

Page 9 | RULE 9. PERSONAL IDENTIFIERS

Mental Health Court proceedings must be confidential and closed unless the judge authorizes otherwise; participant case-file documents must remain confidential and may not be released except as specified in Section 18.

(1) Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge. (2) Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these rules.

Criminal cases

Page 13 | Section 17. Confidentiality

Diversion Program records are confidential and may be released only to Program staff or Circuit Judges for program review and supervision, or to others with the accused’s written consent or the presiding Judge’s permission.

All records of the Diversion Program will be deemed confidential except for the Program staff and the Circuit Judges for purposes of program review and supervision and will be released to no other person or agency without the written consent of the accused or the presiding Judge.

Page 62

Mediation program records are privileged and confidential, and may be released only to program staff or the Chief District Judge for review and supervision, with the parties’ written consent, or as provided in paragraph C.

H. All records of the mediation program shall be privileged and exempt from subpoena and will be deemed confidential except for the program staff and the Chief District Judge for purposes of program review and supervision and will be released to no other person or agency without the written consent of the parties to the dispute or as provided in paragraph C above.

Page 71

Before filing a civil contempt motion, the movant must have the request reviewed by the Campbell County Attorney’s Office to determine whether the allegations are civil or criminal.

Before a civil contempt motion can be files with the clerk's office the movant must have the request review by the Campbell County Attorney's Office at 4 West 4th Street, Suite 200, Newport, KY 41071 to determine if the allegations are civil or criminal in nature.

Page 4 | Contempt Proceedings

Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel discovery, for a protective order, or for sanctions.

Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute, may a motion to compel discovery or for a protective order, or for sanctions be filed pursuant to CR 26 and 37.

Page 13 | C. Motions for Discovery Order

Motions seeking exceptions to the economical litigation docket's discovery rules must be made at the discovery and status conference.

Motions for exceptions to the rules of the economical litigation docket relating to discovery must be made at the discovery and status conference.

Page 54 | CR 90. DISCOVERY AND STATUS CONFERENCE

At the Motion Docket, questions not appropriate for summary disposition must be set for a hearing at a specified time unless the Court orders submission on briefs.

At the call of the Motion Docket, all questions not appropriate for summary disposition shall be set for a time certain for hearing, or by order of the Court shall be submitted upon briefs.

Page 13 | D. Hearing

Parties may agree by order, case by case, to extend time limits imposed by the CR or these rules, subject to court-established deadlines, but the Court must grant extensions even when the parties agree.

B. Motions for Extension of Time. Parties may by agreed order extend time limits on an individual case by case method required by the CR or by these rules, subject to any deadlines established by the Court. However, the Court must grant all extensions of time, even though the parties have agreed.

Page 12 | Motions for Extension of Time

For an opposed extension request, the requesting party must file a motion stating why the extension is necessary; the source sentence is incomplete after “tendered.”

If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered

Page 12 | Motions for Extension of Time

Once a case is set for trial in reliance on the Certification of Readiness, the Court may continue it only in exceptional circumstances.

Once a case has been set for trial, upon reliance of this "Certification of Readiness", it may be continued by the Court only upon exceptional circumstances.

Page 15

Once a case is set for trial in reliance on the Certification of Readiness, it may be continued only upon exceptional circumstances.

Once a case has been set for trial, upon reliance of this "Certification of Readiness" ", it may be continued by the Court only upon exceptional circumstances.

Page 19

After a case has been continued twice following assignment of hearing dates, the Chairperson must certify it to the Court, which must summon the parties or counsel and may issue an appropriate order, including dismissal or reassignment for arbitration even if a party does not appear or defend.

Whenever any case has been continued twice after assignment of hearing dates, said case shall be certified by the Chairperson to the Court who shall summon the parties or their counsel. The court shall have the power to make any appropriate order, including an order of dismissal for want of prosecution, or an order that the case be again assigned to a Board of Arbitration and be heard and an award made whether or not a party appears and defends.

Page 36 | H. Inability of Party to Proceed

Attorneys must first try to reschedule a motion between themselves when a conflict arises; if that is not feasible, the motion proceeds and the Judge determines whether a hearing is necessary at the scheduled time.

In the event of a conflict the attorneys shall first communicate with one another to reschedule the motion if feasible. If that is not feasible due to the circumstances of the case the motion shall proceed with the Judge determining the necessity of the motion hearing at the time set.

Page 43

Only the setting attorney may cancel a hearing date with the court.

The setting attorney shall be the only person authorized to cancel the set date of hearing with the court.

Page 43

Motions to enlarge time or continue a matter must state the reasons, will be granted only for good cause, and cannot be submitted as agreed orders.

B. Motions for enlargement of time or continuances shall state the reasons therefor and will be granted only for good cause. Agreed orders pertaining to such matters will not be accepted.

Page 55

A case set for a bench trial may be continued only for good cause.

E. If there are not Jury Trials, the Court will try all cases where the Defendant has waived a jury. Cases will not be continued for Bench Trials except for good cause.

Page 78 | ULCr RULE 11.03 JURY TRIALS

Continuance requests must be written, state their grounds, be filed with opposing counsel and the court, and be filed by 10:00 a.m. on the day before trial.

B. All requests for continuances shall be in writing, setting forth the grounds and shall be filed with opposing counsel and the court no later than 10:00 a.m. on the day preceding the scheduled trial.

Page 78 | ULCr RULE 11.03 JURY TRIALS

A continuance may be granted only for good cause; counsel's agreement alone is insufficient.

Continuances are granted only for good cause, and not by agreement of counsel.

Page 78 | ULCr RULE 11.03 JURY TRIALS

An arbitration hearing must be scheduled within 45 days after the Board’s appointment, but the Court may extend that period.

A hearing shall be scheduled not more than forty-five (45) days after the appointment of the Board of Arbitration. The forty-five (45) day period may be extended by the Court.

Page 36 | G. Hearings: When and Where Held: Notice

If a party’s counsel is unable to proceed, the Chairperson may continue the case.

In the event that counsel for any party of the matter is unable to proceed, the Chairperson may mark the case continued.

Page 36 | H. Inability of Party to Proceed

The Court may expand discovery time in custody or complex economic issues upon application.

Upon application to the Court, discovery time may be expanded in custody issues and complex economic issues.

Page 50 | RULE 35. DISCOVERY

At arraignment or later, the Trial Court on its own motion or the Commonwealth Attorney may seek a continuance of up to 30 days for tentative Diversion Program consideration.

At the arraignment of the accused (either after indictment or waiver of grand jury) or any time subsequent to the preceding, the Trial Court, on its own motion, and/or the Commonwealth Attorney may move for a continuance for up to thirty (30) days for the tentative consideration of the accused by the Pretrial Services Division for the Diversion Program.

Page 60 | ULCr RULE 10. FELONY DIVERSION PROGRAM

After-hours petitions must be brought to the on-call judge for consideration.

The on-call Judge' shall be contacted to consider the petition.

Page 3 | Twenty-four Hour Accessibility

Pro se litigants must notice hearing requests at the Court's convenience and file them in the clerk's office.

Pro se litigants shall notice any requests for hearing "at the convenience of the Court," and file in the clerks' office.

Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE

Parties represented by counsel must contact Family Court staff to request a date and time before filing any motion.

Parties represented by counsel shall contact the Family Court staff to request a date/time prior to the filing of any motion.

Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE

If court-ordered mediation does not resolve all issues, the parties must contact the Court within 10 days to schedule a case management conference.

If the parties are ordered by the Court to attend mediation, but are unable to resolve all issues through mediation, they shall contact the Court within ten (10) days to schedule a case management conference.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

After regular business hours, the on-call Judge must be contacted to consider the petition.

4. The on-call Judge shall be contacted to consider the petition.

Page 12 | II. Twenty-four Hour Accessibility

To obtain a trial date for an uncontested action, telephone the assigned judge's chambers.

All uncontested actions (i.e., uncontested dissolutions, default judgment damage hearings, voluntary terminations, adoptions) shall be set for trial by telephoning the Chambers of the Judge to which the case is assigned to obtain a hearing date.

Page 15

To set an uncontested action for trial, the requesting party must telephone the assigned judge's Chambers to obtain a hearing date.

All uncontested actions (i.e., uncontested dissolutions, default judgment damage hearings, voluntary terminations, adoptions) shall be set for trial by telephoning the Chambers of the Judge to which the case is assigned to obtain a hearing date.

Page 20

Before an arbitration hearing begins, counsel and parties must not communicate with the arbitrators about the merits of the controversy.

There shall be no communications by counsel or the parties with the arbitrators concerning the merits of the controversy prior to the commencement of any arbitration hearing.

Page 36 | G. Hearings: When and Where Held: Notice

To set a designated motion for hearing before the Boone Circuit Court Domestic Commissioner, call the Commissioner's chamber.

All motions designated to be heard by the Domestic Commissioner of the Boone Circuit Court shall be set for hearing by telephoning the chamber of the Domestic Commissioner.

Page 42 | RULE 31. MOTION PRACTICE — B. Boone and Gallatin Circuit Courts

To set a designated domestic motion for hearing in Kenton Circuit Court, call the chambers of the judge assigned to the case.

All Domestic motions designated to be heard by the Judge of the Circuit Court of Kenton County shall be set for hearing by telephoning the chambers of the Judge of the division to which the case has been assigned for a hearing date.

Page 42 | RULE 31. MOTION PRACTICE — A. Kenton Circuit Court

For a motion under KRS 403.160(5)(b), the clerk in the filing county must be notified so the motion is placed before the Judge for determination.

If the motion is filed pursuant to KRS 403.160(5)(b), the clerk in the county of filing shall be placed on notice of the Motion and will assure that it is placed before the Judge for determination.

Page 44 | D. Temporary Child Support Motions

Counsel for both sides must report to the Court on the day before trial whether a jury will be needed.

B. Counsel for the Commonwealth and Counsel for the Defendant are required to report to the Court on the day preceding the scheduled jury trial, whether a jury will be needed for the trial of their case.

Page 78 | ULCr RULE 11.03 JURY TRIALS

Appointments to probate a Will or appoint a personal representative must be obtained from the District Court clerk by phone or in person.

An appointment to probate a Will and/or obtaining an appointment of the personal representative shall be obtained from the District Court clerk by phone or in person.

Page 87 | RULE 86. OBTAINING A COURT DATE

If the District Court Judges and/or Family Court Judge are unavailable, the Clerk should call a non-Family Court Circuit Judge.

If the District Court Judges and/or Family Court Judge are unavailable, the Clerk should call a non-Family Court Circuit Judge.

Page 3 | Twenty-four Hour Accessibility

Final hearing and, if applicable, Case Management Conference dates must be obtained by contacting the Court's Staff Attorney.

Final hearing dates or Case Management Conference dates, if any, shall be obtained upon contact with the Court's Staff Attorney.

Page 3 | RULE 3. ADOPTION

Counsel and pro se litigants must contact Family Court staff to obtain any necessary pretrial dates.

G. Counsel and/or prose litigants shall contact the Family Court staff for any necessary pretrial dates.

Page 7 | RULE 7. DOMESTIC RELATIONS PRACTICE

3. The Clerk shall deliver the appropriate documents to the Family Court Judge for consideration and action thereof. If the Family Court Judge is unavailable, the Clerk shall seek the consideration of a District Judge. If the District Court Judges and/or Family Court Judge are unavailable, the Clerk should call a non-Family Court Circuit Judge.

3. The Clerk shall deliver the appropriate documents to the Family Court Judge for consideration and action thereof. If the Family Court Judge is unavailable, the Clerk shall seek the consideration of a District Judge. If the District Court Judges and/or Family Court Judge are unavailable, the Clerk should call a non-Family Court Circuit Judge.

Page 12 | II. Twenty-four Hour Accessibility

Attorneys must advise clients and witnesses not to discuss pending matters with the Court or communicate with jurors.

All attorneys shall advise their clients and witnesses of proper courtroom decorum, including, THE IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT and the statutory prohibition against communicating with jurors. (KRS 29a310(2)).

Page 31 | RULE 18. COURT DECORUM

The stated method for contacting the Domestic Relations Commissioner is to telephone the Commissioner's chambers.

Relations Commissioner by telephoning the chambers of the Domestic Relations Commissioner.

Page 49

For Kenton Circuit Court, the stated method is to telephone the chambers of the judge assigned to the division.

Kenton Circuit Court. By telephoning the chambers of the Judge of the division to which the case has been assigned.

Page 49

For Campbell Circuit Court, the stated method is to telephone the chambers of the judge assigned to the division.

Campbell Circuit Court. By telephoning the chambers of the Judge of the division to which the case has been assigned.

Page 49

A criminal motion’s hearing must be scheduled for a specific time with the judge of the assigned Division.

Criminal Motions shall be set for hearing by arranging a time certain with the Judge of the Division to which the case has been assigned

Page 59 | ULCr RULE 3. CRIMINAL MOTIONS

When exceptions or objections are filed, the attorneys involved should arrange a hearing date with the Probate Court.

If exceptions or objections are filed, the attorneys involved should arrange with the Probate Court for a date when the matter may be heard

Page 91 | General Rules for Probate Practice

The Commonwealth must request the criminal record check from AOC Pretrial Services by phone or fax, not from the local Pretrial Services Officer.

Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669. DO NOT send requests to the local Pretrial Services Officer. KRS 533 .252 .

Criminal cases

Page 3 | III. Procedure

CHFS may seek an Emergency Custody Order outside normal business hours by following established protocol.

The CHFS may seek an ECO outside of normal business hours by following established protocol.

Page 5 | RULE 6. JUVENILE DEPENDENCY NEGLECT AND ABUSE

Petitioners seeking to initiate contempt proceedings should contact the Campbell County Circuit Court Clerk's Office.

B. Petitioners seeking to initiate contempt proceedings should contact: The Campbell County Circuit Court Clerk's Office

Page 13 | Domestic Violence