Carter Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements3 rules
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
Document Filing Requirements26 rules
Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.
The Clerk's office must grant an attorney access to a paternity case file for representation-related reasons upon receiving either the attorney's access statement or the party's signed and notarized release.
Court's wording
Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
If a CHFS social worker is granted an ECO, the social worker is to provide a copy to the agency. A copy shall also be provided to the person seeking the ECO prior to leaving the Circuit Clerk's Office. The original ECO shall remain with the Circuit Clerk's Office.
An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client,
A petition must be submitted to the County Attorney for legal-sufficiency review, routed to the judge if rejected, and, if approved, initialed and filed with a copy distributed to the County Attorney.
Court's wording
All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the county attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the county attorney or judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the county attorney and the original shall be filed with the Office of the Circuit Clerk.
A petition must cite the specific statute and jurisdictional factual allegations and provide full information about the child’s parents and their addresses.
Court's wording
Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).
When requested by the Court, both parties must file trial memoranda covering the listed facts, issues, arguments, requested relief, trial materials, and mediation status.
- Document
- Trial memorandum
Must include
- •Statement of facts
Court's wording
When requested by the Court, both Petitioner and Respondent shall file a trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).
if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order
All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address and telephone number of the attorney or party signing the paper.
- Document
- Pleading motion or other paper
Must include
- •Case number
The clerk may not release a Family Court in-chambers interview video without a specific written order, and a requester must provide the judge a written explanation.
Court's wording
Pursuant to FCRPP 17, the Circuit Court Clerk shall not release any Family Court video in-chamber interviews with children without a specific written order of a Family Court Judge. An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request,
The Circuit Clerk shall not release any copies of Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The diversion contract must specify the court-ordered conditions, referral services, contract length, and any required restitution or community service.
Court's wording
Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.
Upon approval for participation in the Program, the defendant must sign a statement waiving his or her right to a speedy trial.
Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge.
The pretrial report must include specified background, offense, prior-program-participation, employment, residence, and eligibility information.
Court's wording
The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.
The Commonwealth shall make a written recommendation to the Court in response to each application .
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 .
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) .
An Order of Diversion must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense and other 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 the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) {conditions of probation-restitution}, direct the defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.
A Program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge.
Filing & Service rules
Filing Timing and Cure Windows
Motions under 37FRP 201(C) must be filed and clocked by 4:00 p.m. on the preceding Tuesday.
All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(B) must be filed and clocked by 4:00 p.m. on the preceding Tuesday.
All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(A) must be filed and clocked by 4:00 p.m. on the preceding Wednesday.
All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday
Page 3 | 202 Deadline For Serving and Filing Motions
CHFS must file the original Emergency Custody Order with the Circuit Clerk’s Office on the next working day.
Pursuant to FCRPP 19(3)(a), CHFS will file the original order with the Circuit Clerk's Office on the next working day.
Page 5 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 601 Procedure for Emergency Custody Orders
The Temporary Removal Hearing must be held no earlier than the day after the petition is filed so that service can be attempted.
The Temporary Removal Hearing shall be held no earlier than the day following the filing the petition to allow time for service to be attempted.
Page 6 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 604 Time for Temporary Removal Hearing
The Temporary Removal Hearing must be scheduled within 72 hours of the Emergency Custody Order’s issuance, excluding holidays and weekends.
Pursuant to FCRPP 19(3)(b), the Temporary Removal Hearing shall be scheduled within 72 hours, excluding holidays and weekends, of the issuance of an ECO.
Page 6 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 604 Time for Temporary Removal Hearing
The Respondent has ten days to file an objection to entry of the Status Quo Order.
the Respondent has ten days to file any objection to entry of the Order
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing, KRS 403.730, KRS 456.040.
Page 12 | I. Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment, but no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | Procedure
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing, KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
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 12 | I. Uniform Protocol for Handling Cases
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 12 | I. Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
Copies of motions under 37FRP 201(B) must be mailed, hand delivered, or sent electronically by 4:00 p.m. on Wednesday.
copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
Copies of motions under 37FRP 201(A) must be mailed, hand delivered, or sent electronically by 4:00 p.m. on Thursday.
with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.
Page 3 | 202 Deadline For Serving and Filing Motions
After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.
The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 6 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
The judge may allow the hearing to proceed despite nonservice on the non-custodial parent only if the petitioner’s diligent efforts to serve the other parties, including efforts to locate an absent parent, are established on the record.
The Judge may permit the Temporary Removal Hearing or the adjudicatory to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 6 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
All parties must be served with notice of an attorney’s request to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 6 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 606 Duty of Guardian Ad Litem and Parent Attorney to Continue
The clerk serves the Respondent with a copy of the Status Quo Order motion together with the Summons and Petition.
the clerk will no response is filed within 10 days of service of the Summons, Petition and serve a copy of the Motion with the Summons and Petition on the Respondent.
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
If a case is reassigned or transferred, the issuing judge must re-issue summons until the receiving judge can hear the matter.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Page 12 | I. Uniform Protocol for Handling Cases
The Clerk must hand or mail copies of the trial order to attorneys of record at least five days before trial, unless the attorneys waive the timing with the Court’s consent.
Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court.
Page 4 | Rules of Circuit Court for Thirty-Seventh Judicial District of Kentucky
Filing Fees and Waivers
A $50 reopening fee is not due for specified Title IV-D child-support motions, but is charged for later child-support, custody, or visitation motions brought by a private attorney or pro se party unless the motion is in forma pauperis.
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 4 | 502 Reopening Fee
A participation fee is set by the Administrative Office of the Courts; the diversion officer may scale it based on ability to pay or waive it for indigence.
The tee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The diversion officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | II. PARTICIPATION
Sealing & Redaction Procedures
Temporary Custody Orders under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.
Page 3 | 301 Temporary Custody Order
When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to specified authorized persons.
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 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 of specific orders of the Court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number.
Page 9 | 902 Protection of Personal Identifiers
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 e redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 9 | 902 Protection of Personal Identifiers
The order requirement does not apply to qualifying public officers or employees who certify their role, and they may use or distribute the information only for authorized investigation or prosecution.
Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Page 10 | 904 Request for Confidential Video Records
Chambers Communication Rules
During the stated normal working hours, a person seeking an Emergency Custody Order must come to the Circuit Clerk’s Office.
During normal working hours, 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO), shall come to the Circuit Clerk's Office.
Page 5 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 601 Procedure for Emergency Custody Orders
For an Emergency Custody Order after working hours, the Family Court Judge must be contacted.
After working hours, 4:30 p.m. to 8:30 a.m. Monday through Friday and on weekends and holidays the Family Court Judge shall be contacted.
Page 5 | RULE 6 DEPENDENCY, NEGLECT AND ABUSE — 601 Procedure for Emergency Custody Orders
The parties must contact the court's secretary and remand any pending hearings concerning issues resolved in mediation.
The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 8 | 704 Mediation — C. Completion of Mediation
Petitioners should contact the County Attorney or private counsel to initiate contempt proceedings; a self-represented petitioner may instead file a motion with the appropriate Circuit Clerk.
Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.
Page 4 | IV. Contempt Proceedings
The Clerk of each county is to be notified whenever possible, as soon as it is determined that the Judge will be unable to hear motions on a date.
The Clerk of each of the counties in the district will be notified whenever possible and as soon as he determines if the Judge will not be able to hear motions on any given date .
Page 8 | MOTIONS
Counsel may call the Clerk or answering service to ask whether the Judge will be able to hear motions on a given date.
Counsel may then call the Clerk or the answering service and receive information in regard to whether or not the Judge will be able to hear Motions on that date .
Page 8 | MOTIONS