Court Rules

Carroll Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Motion for Judgment and Order of Sale, Related Motion

  • 1 copy • Before Motion Hour

Motion, Response, Reply, Surreply

Trial Brief

  • 1 copy

Communication

Phone

Clerk

(502) 732-4305; (859) 824-4467; (502) 484-2232
Phone

Clerk

(502) 732-4305
Filters:

Document Format Requirements4 rules

FormattingMandatory

All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 or 456 shall be made on form AOC-275.1 and shall be accepted and filed with the Court.

C15DVPROTOCOL · p. 1
|SectionI. UNIFORM PROTOCOL FOR HANDLING CASES
FormattingMandatory

An attorney- or pro se-prepared order must provide a Judge’s signature line, the Judge’s name below it, a date-of-signature space, and sufficient room for the Judge’s electronic signature.

Court's wording

Any order prepared by an attorney or pro se party shall also include a signature line for the Judge, with the Judge’s name appearing below the signature line, and a place for the date of signature. For example: DATED ___________ _____ , ______ _____________________ Judge [NAME] [COUNTY] [CIRCUIT/FAMILY] Court Orders must leave sufficient space above the signature line to accommodate the Judge’s electronic signature.

C15LOCALRULES · Dec 2025 · p. 5
|Section203. ORDERS AND JUDGMENTS
FormattingMandatory

The tendered Judgment and Order of Sale shall be in a format suitable to the Master Commissioner and the Court (see Appendix A) and shall be tendered in an electronic format suitable for editing (e.g., Microsoft Word).

C15LOCALRULES · Dec 2025 · p. 13
|Section502. MOTIONS FOR JUDGMENT AND ORDER OF SALE
FormattingImportant

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

File type
PDF
C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE

Document Filing Requirements60 rules

Filing RequirementsMandatory

All motions shall state with particularity the relief requested and the grounds therefor .

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

Unless by statute or rule a hearing is not required (see, e.g., LR 209, infra), all motions shall contain a notice of the date and time of the motion’s hearing. The date shall be a regular Motion Day unless the Court has set a different date. Motions in violation of this Rule shall not be docketed.

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

All emergency motions and ex parte motions shall be submitted for the Court’s review with attached affidavit(s) and may be noticed at the convenience of the Court.

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

Pleadings, motions, and other such documents shall contain the name, address, phone number, and e-mail address of counsel, or the party if appearing pro se. If there are several office locations, the address used by trial counsel shall be indicated.

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

Each motion shall be accompanied by a supporting memorandum.

C15LOCALRULES · Dec 2025 · p. 3
|Section202. MOTION PRACTICE
Filing RequirementsMandatory

The supporting memorandum, and any response or reply memoranda, shall cite the grounds and authority for the relief requested. Failure to comply with this rule may be grounds for denying the motion.

C15LOCALRULES · Dec 2025 · p. 4
|SectionRULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES
Filing RequirementsMandatory

Any order prepared by an attorney or pro se party shall also include, on a separate page, a certification of mailing of notice of entry for the Circuit Court Clerk (see CR 77.04), a distribution list with mailing addresses for the attorneys or parties, and a signature line for the Clerk, in the following form:

C15LOCALRULES · Dec 2025 · p. 5
|Section203. ORDERS AND JUDGMENTS
Filing RequirementsMandatory

In addition to the certificate required by CR 55.01, and the military service affidavit required by 50 U.S.C. § 3931, Motions for Default Judgment shall include an affidavit from the plaintiff— not the plaintiff’s counsel—establishing the judgment amount requested, if appropriate. For business entities, this requirement may be satisfied by an affidavit from an employee or other representative with knowledge of the plaintiff’s damages. If a hearing will be necessary to determine damages, the motion shall request that the Court set the matter for a damages hearing. Furthermore, the supporting memorandum must include a statement of how and when the defaulting party was served, and the military service affidavit shall be accompanied by a printed certificate from the Department of Defense Manpower Data Center, if available. Failure to comply with this rule shall be grounds for denying the motion.

C15LOCALRULES · Dec 2025 · p. 5
|Section205. DEFAULT JUDGMENT MOTIONS
Filing RequirementsMandatory

Every request for an attorney-fee award must include counsel’s affidavit, an itemized statement of hours expended, and a statement explaining the award’s basis; the Court will not award fees until these requirements are met.

Court's wording

All requests for an attorney fee award shall be accompanied by an affidavit from counsel and an itemized statement demonstrating the hours counsel expended on the matter, as well as a statement explaining the basis of the attorney fee award (e.g., a rule, statute, or contractual provision). The Court will not award attorney’s fees unless and until this requirement is met.

C15LOCALRULES · Dec 2025 · p. 5
|Section206. ATTORNEY FEE MOTIONS
Filing RequirementsMandatory

Any order prepared by an attorney or pro se party shall contain a preparation signature identifying the party or attorney who prepared the order and shall be submitted to the opposing counsel or pro se party for signature as “Have Seen.” By signing the tendered order as such, the opposing counsel or pro se party is not waiving any objection to the content of the order but is only agreeing that the order reflects the findings of the Court.

C15LOCALRULES · Dec 2025 · p. 5
|Section203. ORDERS AND JUDGMENTS
Filing RequirementsMandatory

If a party opposing the motion desires oral hearing, they shall so state and proceed to notice the motion for the following motion day.

C15LOCALRULES · Dec 2025 · p. 7
|Section209. MOTIONS ROUTINELY GRANTED
Filing RequirementsMandatory

Movant shall state that the Motion is made under CR 78(2) and this local rule. The notice shall specify that the Motion may be routinely granted without hearing by the Court upon expiration of ten (10) calendar days if no response is filed.

C15LOCALRULES · Dec 2025 · p. 7
|Section209. MOTIONS ROUTINELY GRANTED
Filing RequirementsMandatory

A CR 78(2) movant must file a tendered order of relief, which the Court may alter or amend.

Court's wording

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court. The Court reserves the right to alter or amend the tendered order to conform to its opinion as to the appropriate remedy.

C15LOCALRULES · Dec 2025 · p. 7
|Section209. MOTIONS ROUTINELY GRANTED
Filing RequirementsMandatory

The Order Setting Jury Trial shall also set both a Preliminary Pretrial Conference and a Final Pretrial Conference, and shall include any applicable deadlines, e.g., for completion of discovery, filing dispositive motions, amending the pleadings, etc.

C15LOCALRULES · Dec 2025 · p. 8
|Section301. JURY TRIALS
Filing RequirementsMandatory

Plea agreements must be in writing, signed, and submitted to the Court before the related plea is entered.

Court's wording

All plea agreements shall be reduced to writing and submitted to the Court prior to entry of pleas made pursuant to such agreements. All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

C15LOCALRULES · Dec 2025 · p. 8
|Section303. CRIMINAL PROCEEDINGS
Filing RequirementsMandatory

Counsel shall attend the final pretrial conference and shall submit all written motions expected to be required in the case.

C15LOCALRULES · Dec 2025 · p. 8
|Section303. CRIMINAL PROCEEDINGS
Filing RequirementsMandatory

A trial brief must include the listed facts, issues, positions, authority, witnesses, exhibits, and requested relief, along with any other matters ordered by the Court; parties may include other helpful matters.

Court's wording

The brief shall include, at minimum: a concise summary of the facts including which facts are disputed or agreed; the legal issues involved; the party’s position on each legal issue and any supporting authority; a list of witnesses; a list of exhibits and copies of those exhibits that can be copied; and a statement of the specific relief requested. The trial brief shall also contain any other matters as the Court may Order and may contain other matters the party believes will assist the Court.

C15LOCALRULES · Dec 2025 · p. 9
|Section305. COURT TRIALS
Filing RequirementsMandatory

The Family Court Case Data Sheet must be fully completed in all cases.

C15LOCALRULES · Dec 2025 · p. 10
|Section402. PROTECTION OF PERSONAL IDENTIFIERS
Filing RequirementsMandatory

However, except as set forth in subsection (3) 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.

C15LOCALRULES · Dec 2025 · p. 10
|Section402. PROTECTION OF PERSONAL IDENTIFIERS
Filing RequirementsMandatory

In addition, all pleadings must comply with the requirement of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifiers required in those chapters.

C15LOCALRULES · Dec 2025 · p. 10
|Section402. PROTECTION OF PERSONAL IDENTIFIERS
Filing RequirementsMandatory

A person seeking an order for the video must provide a written explanation identifying the recording, stating the request’s specific purpose, and identifying who will have access to it.

Court's wording

An individual requesting a judicial order must provide the Court with a written explanation for the request which specifically indicates that the requested video recording is an in camera interview with a child, and which includes the specific purpose for the request and who will have access to the recording.

C15LOCALRULES · Dec 2025 · p. 10
|Section403. VIDEO COPIES OF IN CAMERA INTERVIEW WITH CHILDREN
Filing RequirementsMandatory

When the parties agree on all issues and seek a decree without a hearing, they must file a joint motion or agreed order containing the listed information; the excerpt ends during item (d).

Court's wording

If the parties reach an agreement on all issues and seek the entry of a decree without a hearing, the parties shall file a joint motion or agreed order that contains the following information and attachments: (a) The date of marriage and separation; (b) The date the petition for dissolution was filed; (c) The date the respondent was served or filed an entry of appearance; (d) The date the final verified disclosures were filed or an agreed order or affidavit

C15LOCALRULES · Dec 2025 · p. 10
|Section405. DISSOLUTION
Filing RequirementsMandatory

(3) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties and counsel, if any, shall be submitted to the Court for approval and entry.

Filing RequirementsMandatory

In requesting one of the alternatives within FCRPP 6(2), counsel for a party shall present those facts of the case that support the alternative requested.

Filing RequirementsMandatory

(4) All Petitions shall name both the legal mother and father of the child(ren) unless the parent’s rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant KRS 625.065(1).

C15LOCALRULES · Dec 2025 · p. 12
|Section409. DEPENDENCY, NEGLECT, AND ABUSE
Filing RequirementsMandatory

(3) Persons seeking to file a DNA petition without an ECO shall come to the Circuit Court Clerk’s office to fill out Form AOC-DNA-1, “Juvenile Dependency/Neglect or Abuse Petition.”

C15LOCALRULES · Dec 2025 · p. 12
|Section409. DEPENDENCY, NEGLECT, AND ABUSE
Filing RequirementsMandatory

(4) Parties requesting a final hearing date in adoption cases shall do so by motion.

C15LOCALRULES · Dec 2025 · p. 12
|Section407. ADOPTION AND TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

(2) Procedures for Emergency Custody Orders (“ECO”): (a) During regular business hours, excluding holidays, persons seeking an ECO shall come to the Circuit Court Clerk’s office to fill out Forms AOC-DNA-1 and AOC-DNA-2.1, “Emergency Custody Order Affidavit.” The Circuit Court Clerk shall then submit the Affidavit to the Family Court or the District Court on call if the Family Court is not available.

C15LOCALRULES · Dec 2025 · p. 12
|Section409. DEPENDENCY, NEGLECT, AND ABUSE
Filing RequirementsMandatory

(b) After regular business hours, the Emergency Custody Order Affidavit shall be submitted to the Family Court or the District Court on call if the Family Court is not available.

C15LOCALRULES · Dec 2025 · p. 12
|Section409. DEPENDENCY, NEGLECT, AND ABUSE
Filing RequirementsMandatory

When a motion for judgment and order of sale is made, it shall include a status of account affidavit signed by the plaintiff or its representative setting out the breakdown of the balance due under the obligations of the note and mortgage, to include attorney fees (but see LR 206), up to the date of filing of the motion.

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

A foreclosure complaint must include counsel’s affidavit confirming a title examination and that all lien holders are parties.

Court's wording

Any complaint involving a foreclosure sale on a mortgage or other lien shall include an affidavit of the plaintiff’s counsel stating that a title examination was conducted on the subject property and that all lien holders are named as parties.

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

In every case, the plaintiff shall execute a separate affidavit regarding the presence of a manufactured or mobile home on the property (e.g., “There is/is not a manufactured home located on the property.”).

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

If the property includes an affixed manufactured or mobile home, attach the filed Affidavit of Conversion to the complaint, or attach the perfected title lien statement if there is no conversion affidavit.

Court's wording

If the subject property contains a manufactured or mobile home that has been affixed to the real estate, a copy of the Affidavit of Conversion (see KRS 186A.297) filed with the County Clerk’s Office shall be attached to the complaint. If there is no Affidavit of Conversion, then a copy of the perfected title lien statement shall be attached to the complaint.

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

The motion shall also include a separate military service affidavit regarding any individual defendants,

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

as well as a printed certificate from the Department of Defense Manpower Data Center, if available (see 50 U.S.C. § 3931).

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

When a deceased defendant’s unknown heirs or devisees are named, counsel must file with the complaint an affidavit describing a diligent search for a probate case.

Court's wording

In any action where a defendant is deceased and unknown heirs, devisees, etc. are named as parties, the plaintiff’s counsel shall file an affidavit with the complaint stating that a diligent search has been conducted to determine if a probate case has been filed for the decedent’s estate.

C15LOCALRULES · Dec 2025 · p. 13
|Section501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES
Filing RequirementsMandatory

Absent a timely motion and ruling from the Court, the sale will only be cancelled upon the filing of an agreed order of cancellation signed by all parties who are not in default.

C15LOCALRULES · Dec 2025 · p. 14
|Section505. CANCELLATION OF SALES
Filing RequirementsMandatory

Any motion to cancel a judicial sale, including a motion by the plaintiff or joint motion, shall be filed and noticed in accordance with LR 202.

C15LOCALRULES · Dec 2025 · p. 14
|Section505. CANCELLATION OF SALES
Filing RequirementsMandatory

If the parties share joint legal custody and the child is not yet in school, the parties must make a joint decision on where the child will attend school. If the parties are unable to do so, they shall file a motion with the Court.

Filing RequirementsMandatory

All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 or 456 shall be made on form AOC-275.1 and shall be accepted and filed with the Court.

C15LOCALRULES · Dec 2025 · p. 25
|SectionI. UNIFORM PROTOCOL FOR HANDLING CASES
Filing RequirementsMandatory

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 or her is waived.

Filing RequirementsMandatory

The Commonwealth shall make a written recommendation to the Court in response to each application.

Filing RequirementsMandatory

The Court cannot act on a request for diversion absent a recommendation from the Commonwealth; diversion is unavailable absent a favorable recommendation from the Commonwealth.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

The Court must advise the parties whether it accepts the diversion agreement and, if it accepts, make the specified finding on the record.

Court's wording

The Court shall advise the parties whether it will accept the diversion agreement. If accepted, the Court shall make a specific finding on the record that the defendant entered the plea and entered into the diversion agreement, freely, voluntarily, intelligently, and knowingly.

C15LOCALRULES · Dec 2025 · p. 30
|SectionIV. ORDER OF PRETRIAL DIVERSION
Filing RequirementsMandatory

A diversion order must address restitution when applicable, supervision and any monthly supervision fees of at least $25, the diversion duration, and the stated defendant obligations and conditions.

Court's wording

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

C15LOCALRULES · Dec 2025 · p. 30
|SectionIV. ORDER OF PRETRIAL DIVERSION
Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application.

Filing RequirementsMandatoryCriminal cases

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 or her is waived.

Filing RequirementsMandatoryCriminal cases

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.

Filing RequirementsMandatoryCriminal cases

The diversion order must include the applicable restitution terms, supervision status and fees, duration, and specified obligations and conditions.

Court's wording

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

C15PRETRIALDIVERSIONPROGRAM · p. 2
|SectionIV. ORDER OF PRETRIAL DIVERSION
Filing RequirementsMandatoryCriminal cases

If accepted, the Court shall make a specific finding on the record that the defendant entered the plea and entered into the diversion agreement, freely, voluntarily, intelligently, and knowingly.

C15PRETRIALDIVERSIONPROGRAM · p. 2
|SectionIV. ORDER OF PRETRIAL DIVERSION
Filing RequirementsImportant

(e) A copy of the notarized separation agreement, if any;

Filing RequirementsImportant

(f) A written deposition executed under oath by either party setting forth testimony required at a hearing;

Filing RequirementsImportant

(i) A written request for former name restorations, if any.

Filing RequirementsImportant

(g) A written waiver of the right to a hearing executed by both parties;

Filing RequirementsImportant

(h) An affidavit stating that the parties have lived apart for sixty days and that no material change in circumstances has occurred since the taking of the proof; and

Filing RequirementsImportant

In any open paternity case, the parties may submit an Agreed Judgment of Paternity and an Agreed Order of Support for the Court’s review and approval without filing a motion, so long as the proposed Order has been signed by all parties.

Filing RequirementsNote

The Circuit Court Clerk is not required to complete this certification or mail hard copies if unnecessary under the circumstances, e.g., where the case is subject to mandatory efiling.

C15LOCALRULES · Dec 2025 · p. 5
|Section203. ORDERS AND JUDGMENTS
Filing RequirementsNote

The Order of Diversion may include: 1. An order that the defendant remains drug and alcohol free and is subject to random testing. 2. An order that the defendant possess no firearm or any other deadly weapon.

C15LOCALRULES · Dec 2025 · p. 30
|SectionIV. ORDER OF PRETRIAL DIVERSION

Filing & Service rules

Electronic Filing Rules

In cases subject to mandatory e-filing, represented parties must e-file rather than conventionally file documents, except as otherwise permitted by the eFiling Rules; this restriction does not apply to documents filed by unrepresented parties.

Except for documents filed by unrepresented parties, the Circuit Court Clerks shall not accept conventionally filed documents in cases subject to mandatory e-filing except as otherwise permitted under the Administrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic Filing (eFiling Rules).

Page 3 | 202. MOTION PRACTICE

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

Page 3 | 202. MOTION PRACTICE

Filing Timing and Cure Windows

Motions generally must be filed with the appropriate Circuit Court Clerk’s Office at least seven days before the hearing, and in-person filings must be made by close of business; exceptions apply for emergency and ex parte motions and other timeframes established by rule or statute.

All Motions, except emergency motions, ex parte motions, or motions with other timeframes pursuant to rule or statute (e.g., CR 56.03), shall be filed with the appropriate Circuit Court Clerk’s Office (by close of business if filing in person) at least seven days in advance of the hearing.

Page 3 | 202. MOTION PRACTICE

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, unless a response or objection is filed.

Page 7 | 209. MOTIONS ROUTINELY GRANTED

The Court will not accept or consider plea agreements after the report date.

After the report date, the Court will not accept or consider plea agreements.

Page 8 | 303. CRIMINAL PROCEEDINGS

No additional motions may be offered after the final pretrial conference unless the Court grants leave for good cause.

No additional motions may be offered after the final pretrial conference except by leave of the Court for good cause shown.

Page 8 | 303. CRIMINAL PROCEEDINGS

Plea agreements must be signed and submitted by 3:00 p.m. on the Thursday before the plea is to be taken.

All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

Page 8 | 303. CRIMINAL PROCEEDINGS

In a nonjury case, each party must file a trial brief with the Circuit Court Clerk at least seven days before trial.

In all cases tried without a jury, each party shall file a trial brief with the Circuit Court Clerk not less than seven (7) days prior to trial.

Page 9 | 305. COURT TRIALS

The expense advance must be forwarded within seven days after entry of the Judgment and Order of Sale.

Within seven days after the entry of the Judgment and Order of Sale, the plaintiff shall forward to the Master Commissioner a certified check or money order for $1,000.00 as an advance for expenses to be incurred by the Master Commissioner in relation to the sale.

Page 13 | 503. ADVANCE OF EXPENSES

The title examination must be updated by filing a new affidavit every six months.

The title examination shall be updated every six months by filing a new affidavit.

Page 13 | 501. NECESSARY AFFIDAVITS IN FORECLOSURE CASES

The Court must review protective-order petitions immediately upon filing, and should review them within an hour of presentation to a judge unless no judge is available.

The Court shall review a petition for a protective order immediately upon its filing. 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 unless it is impossible due to no judge being available.

Page 25 | I. UNIFORM PROTOCOL FOR HANDLING CASES

An eligible person may apply for a pretrial diversion order after indictment or information, but no later than thirty days before trial.

After indictment or information in Circuit Court, and no later than thirty days before trial, any person eligible for pretrial diversion may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

Page 29 | III. PROCEDURE

An eligible person may apply for a pretrial diversion order after indictment or information, but must apply no later than 30 days before trial.

After indictment or information in Circuit Court, and no later than thirty days before trial, any person eligible for pretrial diversion may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

Criminal cases

Page 1 | III. PROCEDURE

Unless a rule or statute permits otherwise or good cause is shown, a motion filed less than seven days before the hearing may be denied or continued to a date more than seven days after filing.

Except where permitted by rule or statute or for good cause shown, all motions filed less than seven days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion.

Page 3 | 202. MOTION PRACTICE

Service and Proof of Service Rules

Copies of necessary exhibits, affidavits, and other attachments must be sent to opposing counsel.

Exhibits, affidavits, and other attachments necessary to any motion, response, reply, or surreply must be filed with the motion, response, reply, or surreply, with copies sent to opposing counsel and to the Court.

Page 3 | 202. MOTION PRACTICE

Each party must serve a copy of its trial brief on opposing counsel.

Each party shall serve a copy of this brief on opposing counsel

Page 9 | 305. COURT TRIALS

Motions for post-judgment relief must be served on both the opposing party and any attorney of record.

Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.

Page 10 | 404. POST-JUDGMENT RELIEF

The Clerk must enter the Order and distribute it pursuant to CR 77.04.

9. The Clerk shall enter this Order and make distribution of it pursuant to CR 77.04.

Page 19 | Order

Filing Fees and Waivers

The plaintiff must send the Master Commissioner a $1,000 certified check or money order as a sale-expense advance within seven days after entry of the Judgment and Order of Sale.

Within seven days after the entry of the Judgment and Order of Sale, the plaintiff shall forward to the Master Commissioner a certified check or money order for $1,000.00 as an advance for expenses to be incurred by the Master Commissioner in relation to the sale.

Page 13 | 503. ADVANCE OF EXPENSES

Courtesy Copy Requirements

Copies of motions, responses, replies, and surreplies must be sent to the presiding judge in addition to the original filed with the clerk; counsel must email copies, while unrepresented parties may mail them to the stated address.

Copies of all motions, responses, replies, and surreplies shall be sent to the presiding judge. Counsel shall email copies, while unrepresented parties may send copies via U.S. Mail to 224 S Main Street, Williamstown, KY 41097. This copy shall be in addition to the original filed or e- filed with the Circuit Court Clerk.

Page 3 | 202. MOTION PRACTICE

Each party must also send a copy of its trial brief directly to chambers.

and shall also send a copy directly to chambers (see LR 202(3)).

Page 9 | 305. COURT TRIALS

Send the Master Commissioner a copy of every motion for judgment and order of sale, or a related motion, before the motion hour for review and approval, in addition to the Judge’s copy.

In addition to the Judge’s copy, a copy of all motions for judgment and order of sale or motions relating thereto shall be sent to the Master Commissioner for review and approval prior to the motion hour at which the motion will be heard.

Page 13 | 502. MOTIONS FOR JUDGMENT AND ORDER OF SALE

Sealing & Redaction Procedures

The Circuit Court Clerk’s Office may not release a video of an in camera interview with children without a specific written court order.

The Circuit Court Clerk’s Office shall not release a video recording of any in camera interview with children without a specific written order of the Court.

Page 10 | 403. VIDEO COPIES OF IN CAMERA INTERVIEW WITH CHILDREN

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

(3) Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED and not open to inspection by persons other than the parties to such proceedings and their counsel.

Page 12 | 407. ADOPTION AND TERMINATION OF PARENTAL RIGHTS

Pleadings, documents, and exhibits in actions made confidential by statute need not be redacted, and access to those files is governed by the cited statutes.

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 10 | 402. PROTECTION OF PERSONAL IDENTIFIERS

Filing Bundling Requirements

Necessary exhibits, affidavits, and other attachments must be filed together with the motion, response, reply, or surreply to which they relate.

Exhibits, affidavits, and other attachments necessary to any motion, response, reply, or surreply must be filed with the motion, response, reply, or surreply, with copies sent to opposing counsel and to the Court.

Page 3 | 202. MOTION PRACTICE

Each order must be prepared and filed as a separate instrument.

(5) All orders shall be prepared and filed as separate instruments.

Page 5 | 203. ORDERS AND JUDGMENTS

Pre-Motion Conference Requirements

and reply memoranda will be set at the initial hearing.

and reply memoranda will be set at the initial hearing.

Page 4 | RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

Adjournment & Extension Requirements

A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on another time; if unsuccessful, the party must immediately file a continuance motion or notice of unavailability. The Court may allocate continuance costs upon good cause and has final discretion to grant or deny a continuance.

(9) An attorney or pro se party who is unable to be present at the time scheduled in the motion shall immediately notify the moving attorney or pro se party and attempt to establish a mutually agreeable time for hearing the motion. If unsuccessful, the party unable to be present shall immediately file a motion for continuance or notice of unavailability. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court shall have final discretion in the granting or denying of any continuance.

Page 4 | RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

Chambers Communication Rules

Counsel may appear by Zoom for a motion hearing only after requesting and receiving the Court’s prior approval, except for motions to set a final hearing or trial and agreed motions requiring a special hearing date and time because they cannot be heard in fifteen minutes on the regular docket.

(10) Counsel may appear for motion hearings by videoconferencing technology (“Zoom”) only upon request to the Court and with the Court’s prior approval, with the exception of the following: parties/counsel need not seek permission to appear by Zoom on Motions to Set for Final Hearing/Trial; or on any Motion where the parties have agreed in advance that the Motion cannot be heard in fifteen minutes on the regularly scheduled docket and are appearing only to request a special hearing date and time from the Court.

Page 4 | RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

Attorneys must advise clients and witnesses about courtroom decorum, including that they must not attempt to discuss pending matters with the Court or communicate with jurors.

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 prohibition against communicating with jurors.

Page 5 | 207. IMPROPER COMMUNICATIONS

Counsel and parties may not communicate ex parte with the Court except where a statute, rule, or other authority permits it.

Except where allowed by statute, rule, or other authority, there shall be no ex parte communication with the Court by counsel or parties.

Page 5 | 207. IMPROPER COMMUNICATIONS

A party or attorney aware of a conflict requiring recusal must either file a recusal motion or contact the Judge’s chambers to notify the Judge.

If a party or attorney is or becomes aware of a conflict requiring a Circuit Judge’s recusal from a pending case, the party or attorney shall file a motion for recusal or shall contact the Judge’s chambers to notify the Judge of the conflict.

Page 7 | 210. RECUSALS

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Page 2 | IV. CONTEMPT PROCEEDINGS

Parties must keep the Court informed when their addresses change.

It is the parties’ responsibility to keep the Court informed of any address changes.

Page 10 | 404. POST-JUDGMENT RELIEF

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Page 27 | IV. CONTEMPT PROCEEDINGS

Petitioners seeking contempt proceedings may also contact the county attorney’s office in their county.

Petitioners may also contact the county attorney’s office in each county, as follows:

Page 2 | IV. CONTEMPT PROCEEDINGS

The appropriate email address for sending copies to the presiding judge may be obtained from the Circuit Court Clerk.

The appropriate email address may be obtained from the Circuit Court Clerk.

Page 3 | 202. MOTION PRACTICE

Common questions about Carroll Circuit Court rules

Are courtesy copies required in Carroll Circuit Court?

Courtesy-copy rule applies for motions, responses, replys, and surreplys. Copies of motions, responses, replies, and surreplies must be sent to the presiding judge in addition to the original filed with the clerk; counsel must email copies, while unrepresented parties may mail them to the stated address.

View ruleSource: page 3, section 202. MOTION PRACTICE

Does Carroll Circuit Court require a pre-motion conference or letter before filing a motion?

and reply memoranda will be set at the initial hearing.

View ruleSource: page 4, section RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

What formatting rules apply to filings in Carroll Circuit Court?

Carroll Circuit Court's formatting rule includes the format must be suitable to the master commissioner and the court (see appendix a). and tender the document in an electronic format suitable for editing; microsoft word is given as an example.. The tendered Judgment and Order of Sale must be in a format suitable to the Master Commissioner and Court and provided electronically in an editable format.

View ruleSource: page 13, section 502. MOTIONS FOR JUDGMENT AND ORDER OF SALE

What must be included with motion filings in Carroll Circuit Court?

Motions must state the hearing date and time, which must be a regular Motion Day unless the Court sets another date; motions that do not comply will not be docketed, except where a hearing is not required by statute or rule.

View ruleSource: page 3, section 202. MOTION PRACTICE

What must be included with pleading motion or other document filings in Carroll Circuit Court?

Pleadings, motions, and similar documents must provide counsel’s or a pro se party’s name, address, phone number, and email address, and must use trial counsel’s address when counsel has multiple office locations.

View ruleSource: page 3, section 202. MOTION PRACTICE

How may parties contact Carroll Circuit Court?

Counsel may appear by Zoom for a motion hearing only after requesting and receiving the Court’s prior approval, except for motions to set a final hearing or trial and agreed motions requiring a special hearing date and time because they cannot be heard in fifteen minutes on the regular docket.

View ruleSource: page 4, section RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

How does Carroll Circuit Court handle sealed or redacted filings?

The Circuit Court Clerk’s Office may not release a video of an in camera interview with children without a specific written court order.

View ruleSource: page 10, section 403. VIDEO COPIES OF IN CAMERA INTERVIEW WITH CHILDREN

How do I request an adjournment or extension in Carroll Circuit Court?

A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on another time; if unsuccessful, the party must immediately file a continuance motion or notice of unavailability. The Court may allocate continuance costs upon good cause and has final discretion to grant or deny a continuance.

View ruleSource: page 4, section RULE 2: COURT SCHEDULING; FILING PROCEDURES; GENERAL PRACTICE RULES

Does Carroll Circuit Court require motion papers to be bundled?

Necessary exhibits, affidavits, and other attachments must be filed together with the motion, response, reply, or surreply to which they relate.

View ruleSource: page 3, section 202. MOTION PRACTICE

Is electronic filing required in Carroll Circuit Court?

Yes. Electronic filing is required for the covered filings. In cases subject to mandatory e-filing, represented parties must e-file rather than conventionally file documents, except as otherwise permitted by the eFiling Rules; this restriction does not apply to documents filed by unrepresented parties.

View ruleSource: page 3, section 202. MOTION PRACTICE

Are filing fees or waivers addressed in Carroll Circuit Court?

A fee is required for covered filings. The plaintiff must send the Master Commissioner a $1,000 certified check or money order as a sale-expense advance within seven days after entry of the Judgment and Order of Sale.

View ruleSource: page 13, section 503. ADVANCE OF EXPENSES

When is a filing treated as filed in Carroll Circuit Court?

The rule states a close of business filing cutoff. Motions generally must be filed with the appropriate Circuit Court Clerk’s Office at least seven days before the hearing, and in-person filings must be made by close of business; exceptions apply for emergency and ex parte motions and other timeframes established by rule or statute.

View ruleSource: page 3, section 202. MOTION PRACTICE

What rule applies to serving the opposing party in Carroll Circuit Court?

Details: recipient: the opposing party. Copies of necessary exhibits, affidavits, and other attachments must be sent to opposing counsel.

View ruleSource: page 3, section 202. MOTION PRACTICE
Complete rules summary for Carroll Circuit Court

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Petitioners seeking contempt proceedings may also contact the county attorney’s office in their county.

A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on another time; if unsuccessful, the party must immediately file a continuance motion or notice of unavailability. The Court may allocate continuance costs upon good cause and has final discretion to grant or deny a continuance.

Motions must state the hearing date and time, which must be a regular Motion Day unless the Court sets another date; motions that do not comply will not be docketed, except where a hearing is not required by statute or rule.

Motions generally must be filed with the appropriate Circuit Court Clerk’s Office at least seven days before the hearing, and in-person filings must be made by close of business; exceptions apply for emergency and ex parte motions and other timeframes established by rule or statute.

Unless a rule or statute permits otherwise or good cause is shown, a motion filed less than seven days before the hearing may be denied or continued to a date more than seven days after filing.

In cases subject to mandatory e-filing, represented parties must e-file rather than conventionally file documents, except as otherwise permitted by the eFiling Rules; this restriction does not apply to documents filed by unrepresented parties.

Copies of motions, responses, replies, and surreplies must be sent to the presiding judge in addition to the original filed with the clerk; counsel must email copies, while unrepresented parties may mail them to the stated address.

The appropriate email address for sending copies to the presiding judge may be obtained from the Circuit Court Clerk.

Pleadings, motions, and similar documents must provide counsel’s or a pro se party’s name, address, phone number, and email address, and must use trial counsel’s address when counsel has multiple office locations.

Necessary exhibits, affidavits, and other attachments must be filed together with the motion, response, reply, or surreply to which they relate.

Copies of necessary exhibits, affidavits, and other attachments must be sent to opposing counsel.

Parties must provide complete deposition transcripts rather than excerpts, and must e-file PDF copies if possible.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

All emergency motions and ex parte motions shall be submitted for the Court’s review with attached affidavit(s) and may be noticed at the convenience of the Court.

Every motion must state with particularity the relief requested and the grounds for that relief.

Each motion must be accompanied by a supporting memorandum.

and reply memoranda will be set at the initial hearing.

Supporting, response, and reply memoranda must cite the grounds and authority for requested relief; noncompliance may be grounds to deny the motion.

Counsel may appear by Zoom for a motion hearing only after requesting and receiving the Court’s prior approval, except for motions to set a final hearing or trial and agreed motions requiring a special hearing date and time because they cannot be heard in fifteen minutes on the regular docket.

An attorney- or pro se-prepared order must identify its preparer by signature and be submitted to opposing counsel or the opposing pro se party for a “Have Seen” signature, which signifies only that the order reflects the Court’s findings and does not waive objections.

An attorney- or pro se-prepared order must provide a Judge’s signature line, the Judge’s name below it, a date-of-signature space, and sufficient room for the Judge’s electronic signature.

An attorney- or pro se-prepared order must include on a separate page the Clerk’s notice-of-entry mailing certification, a distribution list with mailing addresses, and a Clerk signature line.

The Clerk need not complete the certification or mail hard copies when unnecessary, such as in a case subject to mandatory e-filing.

Each order must be prepared and filed as a separate instrument.

A default judgment motion must include the required CR 55.01 certificate and military-service affidavit, and, if appropriate, a plaintiff’s affidavit establishing the requested judgment amount (with an employee or knowledgeable representative affidavit permitted for a business entity). If needed, the motion must request a damages hearing; the supporting memorandum must state how and when the defaulting party was served; and the military-service affidavit must include a printed Department of Defense Manpower Data Center certificate if available. Noncompliance is grounds for denial.

Every request for an attorney-fee award must include counsel’s affidavit, an itemized statement of hours expended, and a statement explaining the award’s basis; the Court will not award fees until these requirements are met.

Counsel and parties may not communicate ex parte with the Court except where a statute, rule, or other authority permits it.

More Judges in Carroll Circuit Court

Casey Cheesman
Judge
Leslie R. Knight
Judge