Carlisle County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleadings
Adjournments
- 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, a party desiring the continuance shall immediately file a motion for a 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 it with the Clerk. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
- The response-filing deadline may be extended upon a showing of good cause.
Request must include
Document Format Requirements1 rule
Risk Assessment- Use excel file and print.
Formatting
- •Use excel file and print
Document Filing Requirements26 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252 (3) .
The Order of Diversion must include the listed restitution, supervision, duration, compliance, testing, conduct, firearm, and other probation provisions, subject to the stated applicability conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
An Order of Diversion must include the listed restitution, supervision, duration, conduct, testing, and other specified provisions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4. Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252 (3) .
Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree
A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.
For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.
Those motions requiring more than ten (10) minutes of proof shall be docketed for hearing on a date to be assigned by the Court on motion of the moving party.
Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.
A motion to set a trial date must be filed with a Report of Settlement Conference identifying all contested and settled issues.
Court's wording
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
Petitioner's attorney, or Petitioner, if pro se, shall be responsible for placing adoption/termination matters on the Court's docket so that the time limits set out in KRS 625.042 or FCRPP 36 shall, if applicable, be complied with.
The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.
E. Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.
A. 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.
A. No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.
- Document
- Motion
Must include
- •Proposed order
Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.
A motion going to the merits must include a brief statement of its grounds and citations to the authorities relied upon.
Court's wording
All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon.
Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court.
If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.
All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.
Answers to interrogatories and requests for admission must reproduce the question or request immediately before the corresponding answer.
Court's wording
B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.
Filing & Service rules
Electronic Filing Rules
During regular business hours, petitions must be presented through the Kentucky eWarrants System unless it is unavailable, in which case they must be delivered personally with notice to the designated judge.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 19 | II. Twenty-four Hour Accessibility, C
Authorized agencies or officers must present petitions through Kentucky eWarrants during regular business hours, or by personal delivery if the system is inoperable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to:
Page 2 | Twenty-four Hour Accessibility
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment, with the Commonwealth's agreement, no later than 15 days before trial.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
An eligible person may apply for a pretrial diversion order after indictment, with the Commonwealth’s agreement, no later than 15 days before trial.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
Domestic motions for a particular Motion Hour must be filed with the Clerk before close of business on the preceding Monday.
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 5 | 203. Deadlines for Serving and Filing Motions
Responses and counter-motions must be filed at least one day before the noticed motion date.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to the day that the motion is noticed for.
Page 6 | 203. Deadlines for Serving and Filing Motions
An attorney or party intending to use a non-party witness’s deposition must ensure it is taken, transcribed, and filed at least 48 hours before trial.
However, it is the responsibility of the attorney or party desiring to use the deposition of such non-party witness to see that the deposition is taken, transcribed, and filed at least 48 hours in advance of the trial.
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The required notice must be filed when the marriage dissolution action is filed.
The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.
Page 8 | 503. Families in Transition
The subject children’s certificate of attendance must be filed before the hearing.
The certificate of attendance of the subject children shall be filed prior to the hearing.
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The Respondent must file the certificate of attendance before the final hearing.
The Respondent shall file his or her certificate of attendance prior to the final hearing.
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The Petitioner must file the certificate of attendance before or when filing documents for a final hearing.
F. The Petitioner must file his or her certificate of attendance prior to, or at the time of, filing documents for a final hearing.
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Responses and counter-motions must be filed at least one day before rule day.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to rule day.
Page 12 | Rule 7. General Civil, 701(D)
Unless a statute, rule, or order provides otherwise, motions must be filed with the Clerk before close of business on the Monday preceding the scheduled motion hour.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour
Page 12 | Rule 7. General Civil, 701(D)
A response to the motion must be filed no later than the time specified in the hearing notice.
Such response shall be filed at or prior to the time specified in the notice of hearing of the motion.
Page 13 | D
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available, in which case the system notifies all district and circuit judges for prompt review.
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, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 20 | II. Twenty-four Hour Accessibility, E
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available; in that event, the eWarrants System issues a blast message or email to judges for prompt review.
E. 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, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 3 | Twenty-four Hour Accessibility
Service and Proof of Service Rules
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 5 | 203. Deadlines for Serving and Filing Motions
Each side must provide the opposing party with its intended trial witnesses’ names and addresses and a brief testimony summary at least 20 days before trial.
Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than twenty (20) days prior to the scheduled trial date.
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motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 12 | Rule 7. General Civil, 701(D)
After entry, the Clerk must mail attested copies of the order or judgment to all parties or their attorneys as required by the Rules of Civil Procedure.
After entry, the Clerk shall mail attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure.
Page 14 | 704. Entry of Orders and Judgments
When filing a civil complaint, sufficient copies, including the specified attorney names and true copies of affidavits, jurats, and exhibits, must be left with the Clerk for service on each defendant.
Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure
Page 15 | 707. Copy of Complaint to be Filed.
Upon receipt, the Clerk must immediately mail the plaintiff’s attorney a photocopy of the return to the service of summons.
A. The Clerks of the Court shall immediately, upon receipt, mail a photocopy of the return to the service of summons in any case to the Plaintiffs attorney.
Page 16 | 709. Return of Summons
When a case is transferred due to a pending dissolution or custody matter and service has not been made, the initiating court must reissue the summons for up to fourteen days or for any period the court determines necessary to protect the petitioner.
Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner.
Page 18 | TWENTY-FOUR HOUR ACCESSIBILITY TO EMERGENCY PROTECTIVE ORDERS AND JOINT LOCAL JURISDICTION DOMESTIC/INTERPERSONAL VIOLENCE PROTOCOL
The movant must serve and notify the non-moving party under CR 5 and follow local practice rules for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
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In civil contempt proceedings, the movant must serve and notify the non-moving party as required by CR 5 and follow local practice rules for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
Page 4 | Contempt Proceedings
Service by mail requires three additional days’ notice.
Service, if made by mail, shall require three (3) additional days notice.
Page 6 | 203. Deadlines for Serving and Filing Motions
Filing Fees and Waivers
The Warning Order Attorney fee is set at $150.00 effective August 15, 2023.
IT IS THE ORDER OF THIS COURT that Warning Order Attorney fees in each of the counties of the 1t Circuit shall be set effective on the 15th day of August, 2023 in the amount of $150.00.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
The Clerk must pay the Warning Order Attorney upon filing of the report, without requiring another motion or order.
IT IS FURTHER THE ORDER OF THIS COURT that the Warning Order Attorney fee shall be paid to the Warning Order Attorney by the Clerk upon the Warning Order Attorney filing his/her report and without necessity of further motion or order.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
The movant must pay the $150.00 fee when requesting a Warning Order Attorney.
IT IS FURTHER THE ORDER OF THIS COURT that the fee of $150.00 shall be paid by the movant at the time of the request for Warning Order Attorney.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
A Warning Order Attorney may move for an additional fee if it is warranted and reasonable for the services provided in the case.
IT IS FURTHER THE ORDER OF THIS COURT that any Warning Order Attorney may move the Court for an additional fee if the same is warranted by, and reasonable for, the services of the Warning Order Attorney in a particular case.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
Courtesy Copy Requirements
Pleadings delivered to the Court are treated only as courtesy copies.
pleadings delivered to the Court shall be treated as mere courtesy copies.
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Sealing & Redaction Procedures
Except as provided in paragraph B, parties must file a copy redacting personal data and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to persons authorized by the rule.
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
Page 10 | 601. Redaction of Personal Identifiers (CR 7.03)
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted, and access is governed by the cited statutes.
B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340. KRS 625.045 and KRS 625.108.
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Pre-Motion Conference Requirements
Before filing a motion to set a trial date in a contested domestic action, the parties must attend a settlement conference and identify contested issues.
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
Page 6 | 501. Contested Actions
Adjournment & Extension Requirements
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, a party desiring the continuance shall immediately file a motion for a 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 it with the Clerk. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
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, a party desiring the continuance shall immediately file a motion for a 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 it with the Clerk. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
Page 12 | Rule 7. General Civil, 702
The response-filing deadline may be extended upon a showing of good cause.
but the time for filing a response may be extended for good cause shown.
Page 14 | D
Chambers Communication Rules
When additional time for record supplementation or briefing expires, or that work is completed, counsel must advise the Court that the matter is ready for decision.
If additional time is allowed in any proceeding for supplementation of the record, or for briefing, counsel shall, when the time has expired, or the supplementation or briefing completed, advise the Court that the matter is ready for a decision.
Page 14 | E
After regular business hours, an authorized agency or officer must present the petition to the designated district judge or, if unavailable, the designated circuit judge.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: First Judicial District Judge Mark S. Medlin Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford.
Page 20 | II. Twenty-four Hour Accessibility, D
If the District Judge is unavailable, notice must be given to the Circuit Judge by telephone call to his office.
Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 2 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present the petition to Judge Medlin, or to Judge Langford if Judge Medlin is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: First Judicial District Judge Mark S. Medlin Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford.
Page 3 | Twenty-four Hour Accessibility
Request that contempt proceedings be placed on the Court’s next available docket through the County Attorney or the county Circuit Court Clerk.
The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
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Petitioners seeking contempt proceedings should contact the County Attorney and/or the county Circuit Court Clerk to request placement on the next available docket.
B. Petitioners seeking to initiate contempt proceedings should contact: The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
Page 4 | Contempt Proceedings