Court Rules

Casey County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Memorandum
25 pgs

Courtesy Copies

Motion

  • At Least 5 Days Before Rule Day

Communication

Phone

Chambers

270-384-7122
Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Merits-motion memoranda are limited to 25 pages for supporting and opposing memoranda and 5 pages for reply memoranda.

Supporting memorandum
Up to 25 pages
Opposition memorandum
Up to 25 pages
Reply memorandum
Up to 5 pages
Applies to
  • Merits motion

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. The reply memorandum shall be limited to 5 pages in length.

C29LOCALRULES · p. 9
|SectionRule 2. Court Scheduling, Motion Hour, and Procedures for Filing

Document Format Requirements1 rule

FormattingMandatory

Protective-order petitions must be made on form AOC-275.1 and accepted and filed with the court.

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.

C29LOCALRULES · p. 23
|SectionRule 4. Domestic Violence Protocol and 24 hour access policy

Document Filing Requirements47 rules

Filing RequirementsMandatoryCriminal cases

If 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.

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatoryCriminal cases

Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

Filing RequirementsMandatoryCriminal cases

A diversion order must include any applicable restitution, the diversion duration, compliance with Probation and Parole rules, and the specified offense-related and other appropriate conditions.

Court's wording

The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

C29PRETRIALDIVERSIONPROGRAM · p. 2
|Section4. ACCEPTANCE AND SUPERVISION
Filing RequirementsMandatoryCriminal cases

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful.

Filing RequirementsMandatory

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

Court's wording

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

C29DOMESTICVIOLENCERULES · Dec 2015 · p. 2
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

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.

C29DOMESTICVIOLENCERULES · Dec 2015 · p. 3
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C29DOMESTICVIOLENCERULES · Dec 2015 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.

C29LOCALRULES · p. 7
|Section1.7 Appearance and Substitutions
Filing RequirementsMandatory

All motions for a continuance shall state the date of the

C29LOCALRULES · p. 8
|Section2.3 Deadlines for Serving and Filing Motions
Filing RequirementsMandatory

All motions and correspondence shall include the case number, the names of the parties. the date, and a designated type of motion.

Document
Motions and correspondence

Must include

  • Case number
C29LOCALRULES · p. 8
|Section2.3 Deadlines for Serving and Filing Motions
Filing RequirementsMandatory

The moving party shall attach to the motion a certificate of counsel which states counsel have conferred and that they have been unable to resolve their difference. The certificate should detail the attempts of counsel to resolve the dispute.

Document
Discovery motion
Placement
Certificate section

Must include

  • Certificate of conference
C29LOCALRULES · p. 9
|SectionRule 2. Court Scheduling, Motion Hour, and Procedures for Filing
Filing RequirementsMandatory

A motion going to the merits must include a brief memorandum stating its grounds and citing supporting authorities.

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon,

C29LOCALRULES · p. 9
|SectionRule 2. Court Scheduling, Motion Hour, and Procedures for Filing
Filing RequirementsMandatory

Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

C29LOCALRULES · p. 9
|SectionRule 2. Court Scheduling, Motion Hour, and Procedures for Filing
Filing RequirementsMandatory

A copy of the proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption shall accompany the motion.

C29LOCALRULES · p. 10
|SectionRule 3.2 Adoption Procedure
Filing RequirementsMandatory

Pursuant to FCRPP 36, if an order terminating parental rights is entered, a copy of the order shall also be certified to the record in the underlying dependency, neglect and abuse case which shall be identified in the order.

C29LOCALRULES · p. 10
|SectionRule 3.1 Termination of Parental Rights
Filing RequirementsMandatory

Before filing a motion for final adoption hearing, counsel must review Attachment A’s checklist and certify the specified information about bringing necessary parties before the court and parental consent or an applicable termination order or exception.

Court's wording

Prior to filing a motion for final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Attachment "A" to these rules and certify the following: 1. The date and method by which all necessary parties were brought before the court. and 2. The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1)(a)-(d) or 199.502.

C29LOCALRULES · p. 10
|SectionRule 3.2 Adoption Procedure
Filing RequirementsMandatory

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

C29LOCALRULES · p. 10
|SectionRule 3.2 Adoption Procedure
Filing RequirementsMandatory

In default cases, a motion to submit for decree must state that no answer or pleading was received, include the specified service and elapsed-time information, and certify service and compliance with the Servicemembers' Civil Act when applicable.

Court's wording

Pursuant to FCRPP 3(2), in all cases of default, the motion to submit for decree shall state the following: That no answer or pleading have been received by the moving party or counsel; That the Respondent was personally served and 20 days have elapsed since service, or that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney; and, c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.

C29LOCALRULES · p. 11
|Section5.3 Default cases
Filing RequirementsMandatory

An AOC-152 shall also be attached.

C29LOCALRULES · p. 12
|Section5.4 Uncontested Divorces
Filing RequirementsMandatory

A separation agreement that sets child support outside the KRS Chapter 403 guidelines must state the reason for the deviation.

Court's wording

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

C29LOCALRULES · p. 12
|Section5.4 Uncontested Divorces
Filing RequirementsMandatory

If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit stating that circumstances have not changed since completion of the AOC-238.

Court's wording

Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

C29LOCALRULES · p. 12
|Section5.5 Matters Requiring a Trial
Filing RequirementsMandatory

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage" which the moving party desires the Court to adopt.

C29LOCALRULES · p. 12
|Section5.4 Uncontested Divorces
Filing RequirementsMandatory

Any Separation Agreement or Agreed Judgment for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for monthly Child Support Obligations and shall further comply with the requirements of FCRPP 9.

C29LOCALRULES · p. 12
|Section5.4 Uncontested Divorces
Filing RequirementsMandatory

The required lists must identify each expected witness by name and address, state the subject of the witness’s testimony, and list the exhibits to be entered.

Court's wording

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.

C29LOCALRULES · p. 13
|Section5.6 Witness and Exhibit List
Filing RequirementsMandatory

Pursuant to FCRPP 2(5) the Court may enter a Status Quo Order regarding martial assets. The requesting party shall file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.

C29LOCALRULES · p. 13
|Section5.7 Restraining Orders
Filing RequirementsMandatory

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

C29LOCALRULES · p. 14
|Section6.4 Protection of Personal Identifiers
Filing RequirementsMandatory

The circuit clerk shall not release any video copies of in-camera interviews with children without a specific written order from the Circuit Judge in compliance with FCRPP 27.

C29LOCALRULES · p. 14
|Section6.3 Video Copies of In-chamber Interviews with Children
Filing RequirementsMandatory

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and email address (optional) of the attorney or party signing the paper.

Document
Filed paper

Must include

  • Case number
C29LOCALRULES · p. 14
|Section6.1 Identification of Counsel or Party Required
Filing RequirementsMandatory

Every agreement that involves children shall have a copy of the standard visitation guidelines and code of conduct attached with both parties initialing the bottom of each page, unless a comprehensive alternative agreement is attached and signed by both parties.

C29LOCALRULES · p. 14
|Section5.9 Standard Visitation Guidelines
Filing RequirementsMandatory

An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-camera interview with a child and specific purpose of the request.

C29LOCALRULES · p. 14
|Section6.3 Video Copies of In-chamber Interviews with Children
Filing RequirementsMandatory

Pre-trial statements must list trial exhibits and witnesses with contact information, include specified information about each undeposed expert, attach exhibit copies if feasible, and identify where unattached exhibits can be inspected.

Court's wording

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may testify at trial shall be listed, along with their addresses and telephone numbers. Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for cach opinion.

C29LOCALRULES · p. 15
|SectionRule 7.2 Pre-trial Statements
Filing RequirementsMandatory

Jury Instructions shall be provided to the court and the opposing counsel at this time pre-trial compliance statements are distributed.

C29LOCALRULES · p. 15
|SectionRule 7.2 Pre-trial Statements
Filing RequirementsMandatory

A discovery motion cannot be filed or heard without a counsel certificate stating that counsel conferred, the parties could not resolve the dispute, and extrajudicial means were exhausted.

Document
Discovery motion

Must include

  • Certificate of conference

Court's wording

No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

C29LOCALRULES · p. 16
|SectionRule 7.6 Motions Relating to Discovery
Filing RequirementsMandatory

The motion must include either a copy of or a reference to the discovery request in dispute.

C29LOCALRULES · p. 16
|SectionRule 7.6 Motions Relating to Discovery
Filing RequirementsMandatory

Notice of propounded interrogatories to opposing parties and request for admissions and notice of responses thereto, shall be filed of record in the office of the circuit clerk.

C29LOCALRULES · p. 16
|SectionRule 7.5 Filing of Interrogatories and Request for Admissions
Filing RequirementsMandatory

b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.

C29LOCALRULES · p. 17
|Section8.3 Pretrial Conference and Plea Agreements
Filing RequirementsMandatory

The defendant must attend the meeting, and any plea agreement reached must be put in writing and signed by the listed attorneys and the defendant(s).

Court's wording

At this meeting the defendant shall be present and if an agreement is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth Attorney, counsel for the defendant, and the defendant(s).

C29LOCALRULES · p. 17
|Section8.3 Pretrial Conference and Plea Agreements
Filing RequirementsMandatory

Note - Placement by one of the above agencies does not alleviate the need of a report, as required by KRS 199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.

C29LOCALRULES · p. 20
|SectionAdoption Checklist
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C29LOCALRULES · p. 25
|SectionDomestic Violence Protocol and 24 hour access policy
Filing RequirementsMandatory

If 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.

C29LOCALRULES · p. 32
|Section3. PROCEDURE
Filing RequirementsMandatory

i. Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

C29LOCALRULES · p. 32
|Section3. PROCEDURE
Filing RequirementsMandatory

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)

C29LOCALRULES · p. 32
|Section3. PROCEDURE
Filing RequirementsMandatory

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)

C29LOCALRULES · p. 33
|SectionPre-trial diversion
Filing RequirementsMandatory

A diversion order must address restitution if applicable, the diversion duration, compliance with Probation and Parole rules, and the stated statutory and court-imposed conditions.

Court's wording

i. The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of.KRS 533.030 or any other condition the Court deems appropriate.

C29LOCALRULES · p. 33
|Section4. ACCEPTANCE AND SUPERVISION
Filing RequirementsImportantCriminal cases

A diversion order may include the listed drug and alcohol, statutory-compliance, and weapon conditions; the stated duration limits also apply.

Court's wording

The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

C29PRETRIALDIVERSIONPROGRAM · p. 2
|Section4. ACCEPTANCE AND SUPERVISION
Filing RequirementsImportant

A diversion order may include the listed drug, alcohol, conduct, and weapon conditions; its duration is subject to the stated limits.

Court's wording

il. The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

C29LOCALRULES · p. 33
|Section4. ACCEPTANCE AND SUPERVISION

Filing & Service rules

Filing Timing and Cure Windows

An eligible person may apply for a pretrial diversion order after indictment, but no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.

Criminal cases

Page 1 | 3. PROCEDURE

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

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

Page 2 | Uniform Protocol for Handling Cases

Motions must be filed with the circuit clerk by 3:30 p.m. at least five days before the Rule Day—Wednesday in Casey County and Thursday in Adair County—or they will not be heard as requested or docketed until a timely motion is made.

All motions shall be filed in the circuit clerk's office no later than 3:30 p.m. at least five days prior to the Rule Day for which such motion is to be heard. This would be Wednesday in Casey County and Thursday in Adair County. Motions not timely filed in the circuit clerk's office will not be heard on the day requested and will not be docketed until such time as a timely motion is made.

Page 8 | 2.3 Deadlines for Serving and Filing Motions

The response must be filed at least 24 hours before the time stated in the motion hearing notice.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

For a default case proceeding through a warning order attorney, the motion to submit for decree must state that the attorney filed a report and affidavit and 50 days have elapsed since appointment.

that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney;

Page 11 | 5.3 Default cases

That the Respondent was personally served and 20 days have elapsed since service

That the Respondent was personally served and 20 days have elapsed since service

Page 11 | 5.3 Default cases

When property matters are disputed at trial, the required AOC-239 must be filed no later than five days before trial.

Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

Page 12 | 5.5 Matters Requiring a Trial

All parties must file pre-trial compliance statements thirty days before trial.

Pre-trial compliance statements shall be filed by all parties thirty (30) days before the trial date.

Page 15 | Rule 7.2 Pre-trial Statements

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 23 | Rule 4. Domestic Violence Protocol and 24 hour access policy

An eligible person may apply for a pretrial diversion order after indictment, no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.

Page 32 | 3. PROCEDURE

Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 2 | Uniform Protocol for Handling Cases

Agreed orders and judgments and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.

Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket.

Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

A party may move for a pre-trial conference during the stated period, from the trial setting until thirty days from the trial date.

A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion.

Page 15 | Rule 7.1 Pre-trial Conference

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 23 | Rule 4. Domestic Violence Protocol and 24 hour access policy

Service and Proof of Service Rules

The Court may revoke or void participation in pretrial diversion after a hearing, with notice to the Commonwealth's Attorney and the defendant.

After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion

Criminal cases

Page 2 | 5. REVOCATION

An attorney seeking to stop representing a party must give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.

Page 7 | 1.7 Appearance and Substitutions

If a motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.

If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the Clerk.

Page 7 | 1.7 Appearance and Substitutions

A default motion to submit for decree must certify service of the motion and notice on the opposing party at the party's last known address and, when applicable, compliance with the Servicemembers' Civil Act.

c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.

Page 11 | 5.3 Default cases

When the parties are ordered to divide a minor child's medical expenses, the custodial parent must provide the other parent a copy of the bill within 14 days of receipt.

In the event that the parties are ordered to divide medical expenses for minor child(ren), the custodial parent shall provide a copy of the medical bills shall be provided to the other parent within 14 days of receipt of said medical bill.

Page 12 | 5.4 Uncontested Divorces

A copy of the AOC-239 or the alternative affidavit, with supporting documents, must be provided to the opposing party 15 days before trial unless the court orders otherwise.

Pursuant to FCRPP 3(3)(c), a copy of AOC-239, Final Verified Disclosure Statement, or the affidavit in (b) above, together with any supporting documentation, shall be provided to the opposing party 15 days prior to trial unless otherwise ordered by the court.

Page 12 | 5.5 Matters Requiring a Trial

In permanent-custody or time-sharing actions, each party must provide the other parties the witness and exhibit lists at least 14 days before the hearing, unless the court orders otherwise.

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.

Page 13 | 5.6 Witness and Exhibit List

The Commonwealth Attorney must provide discovery to the Defendant's Attorney at least seven days before the pre-trial conference.

The Commonwealth Attorney is to provide discovery to the Defendant's Attorney at least 7 days prior to the pre-trial conference.

Page 16 | Rule 8.1 Procedure of Cases

The Court may revoke or void a defendant's participation in pretrial diversion only after a hearing and notice to the Commonwealth's Attorney and the defendant.

After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion

Page 33 | 5. REVOCATION

Filing Fees and Waivers

A $50 fee is due for a qualifying post-decree modification motion, except for Title IV-D child-support-enforcement motions; the clerk collects the fee when the motion is filed unless the movant files an in-forma-pauperis motion.

Pursuant to FCRPP 3(5), a fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant files a motion to proceed in forma pauperis.

Page 13 | 5.8 Post Decree Litigation

The fee is not required for a motion to enforce an order if the motion is titled as an enforcement motion.

c. This fee shall not be required for motions to enforce an order and which are so titled.

Page 13 | 5.8 Post Decree Litigation

After the fee is paid for reopening a case, another fee is not required unless at least six months have passed since entry of the order on the motion that reopened it.

b. Once a case is reopened and the fee is paid, another fee will not be required unless 6 months or more have elapsed since entry of the order on the motion that re-opened the case.

Page 13 | 5.8 Post Decree Litigation

For purposes of the fee rule, a modification motion filed more than six months after entry of the order reopens the case, which remains reopened until all matters in the motion are resolved.

a. Reopening for purposes of this rule means any motion for modification of an order filed more than 6 months after entry of the order. A case is considered reopened until all matters in the motion are resolved.

Page 13 | 5.8 Post Decree Litigation

Courtesy Copy Requirements

A courtesy copy must be sent to the Judge's office for motions scheduled through Judge Vance's Office.

All motions must be scheduled through Judge Vance's Office, via phone at 270-384-7122 or by email at kimberlykean@kycourts.net and a courtesy copy sent to the Judge's office.

Page 8 | 2.2 Regular Rule Day Schedule and Exceptions

A courtesy copy of each motion must be served on the Judge at least five days before the Rule Day by mail, fax, or email.

A courtesy copy of each motion shall also be served on the Judge at least five days prior to the Rule Day by mail, fax or email.

Page 8 | 2.3 Deadlines for Serving and Filing Motions

Sealing & Redaction Procedures

When filed material contains personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to the listed case participants and authorized court personnel.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document. or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized

Page 14 | 6.4 Protection of Personal Identifiers

Pre-Motion Conference Requirements

Before filing a discovery, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute between themselves and be unable to do so.

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

Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

Parties and their attorneys must make a good-faith effort to resolve discovery disputes by agreement.

The parties and their attorneys have a duty to make a good faith effort to resolve, by agreement among them, any disputes that arise in the course of discovery.

Page 16 | Rule 7.6 Motions Relating to Discovery

If extrajudicial means have not resolved a discovery matter, the party seeking discovery may file a motion for relief to be heard on the Court's motion-hour docket.

To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket.

Page 16 | Rule 7.6 Motions Relating to Discovery

Adjournment & Extension Requirements

The response deadline may be extended on an oral or written motion showing good cause, including the motion’s length and complexity; a late response may be grounds to grant the motion.

Failure to file a timely response may be grounds to grant the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.

Page 9 | Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

signed by both parties, within 15 days prior to the final hearing, may, at the sole discretion of the presiding Judge, result in a continuance of any scheduled hearing.

signed by both parties, within 15 days prior to the final hearing, may, at the sole discretion of the presiding Judge, result in a continuance of any scheduled hearing.

Page 13 | Rule 5. Domestic Relations Practice

Chambers Communication Rules

After regular business hours, the authorized agency or officer must contact the district judge to consider the petition or motions.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS.

Page 3 | Twenty-four Hour Accessibility

Motions must be scheduled through Judge Vance's Office by phone or email, and a courtesy copy must be sent to the Judge's office.

All motions must be scheduled through Judge Vance's Office, via phone at 270-384-7122 or by email at kimberlykean@kycourts.net and a courtesy copy sent to the Judge's office.

Page 8 | 2.2 Regular Rule Day Schedule and Exceptions

Attorneys planning to use electronic media at trial must test it at the venue for compatibility, schedule the test with the Circuit Court Clerk, and have a deputy court clerk present.

Attorneys planning to use electronic media at trial shall test the equipment at the appropriate venue to ensure compatibility with the existing equipment. Counsel shall schedule an appropriate date and time to test the use of electronic media with the Circuit Court Clerk. A deputy court clerk shall be present during the test.

Page 14 | 6.2 Use of Technology at Trial

When a case set for trial settles, the parties must immediately notify the Circuit Clerk's office and the Court.

When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk and the Court of this fact.

Page 16 | Rule 7.4 Settled Cases

After regular business hours, the authorized agency or officer must contact the district judge to consider the petition or motions.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: THE DISTRICT JUDGE SHALL BE CONTACTED TO CONSIDER THE PETITION AND/OR MOTIONS.

Page 24 | Rule 4. Domestic Violence Protocol and 24 hour access policy

Petitioners seeking to initiate contempt proceedings should contact the Adair/Casey Circuit Court Clerk’s office, which will set a hearing on the next available domestic violence docket in the court that issued or modified the EPO or DVO.

Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO

Page 4 | IV. Contempt Proceedings

Attorneys must promptly notify the court and all other counsel of circumstances requiring their absence or tardiness.

Attorneys shall give prompt notice to the court and to all other counsel in the case, of any circumstances requiring his/her absence or tardiness.

Page 7 | 1.8 Punctuality, Expedition and Settlement

Attorneys must promptly inform the court of any full or partial settlement or continuance of a matter set for hearing or trial.

They will promptly inform the court of any settlement, partial or entire, with any party or the continuance of any matter set for hearing or trial.

Page 7 | 1.8 Punctuality, Expedition and Settlement

The Circuit Clerk and Circuit Judge must be notified when a case is ready for submission.

In either event, the office of the Circuit Clerk and Circuit Judge shall be notified that the case is ready for the Court to take under submission.

Page 11 | 5.2 Submission of Cases to the Court

Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO

Petitioners seeking to initiate contempt proceedings should contact: THE OFFICE OF THE ADAIR/CASEY CIRCUIT COURT CLERK, WHO WILL SET THE MATTER FOR A HEARING ON THE NEXT AVAILABLE DOMESTIC VIOLENCE DOCKET IN THE COURT WHICH ISSUED OR MODIFIED THE EPO OR DVO

Page 25 | Domestic Violence Protocol and 24 hour access policy

Common questions about Casey County Circuit Court, Kentucky rules

Are courtesy copies required in Casey County Circuit Court, Kentucky?

Courtesy-copy rule applies for motions. A courtesy copy must be sent to the Judge's office for motions scheduled through Judge Vance's Office.

View ruleSource: page 8, section 2.2 Regular Rule Day Schedule and Exceptions

Does Casey County Circuit Court, Kentucky require a pre-motion conference or letter before filing a motion?

Before filing a discovery, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute between themselves and be unable to do so.

View ruleSource: page 9, section Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

What page or word limits apply to memorandum in Casey County Circuit Court, Kentucky?

Casey County Circuit Court, Kentucky's rule states these limits: 25 pages; 25 pages; 5 pages. Merits-motion memoranda are limited to 25 pages for supporting and opposing memoranda and 5 pages for reply memoranda.

View ruleSource: page 9, section Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

What must be included with pretrial diversion proceeding filings in Casey County Circuit Court, Kentucky?

For a pretrial diversion application, counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

View ruleSource: page 1, section 3. PROCEDURE

What must be included with commonwealth recommendation filings in Casey County Circuit Court, Kentucky?

The Commonwealth must provide the Court with a written recommendation in response to each diversion application.

View ruleSource: page 1, section 3. PROCEDURE

How may parties contact Casey County Circuit Court, Kentucky?

After regular business hours, the authorized agency or officer must contact the district judge to consider the petition or motions.

View ruleSource: page 3, section Twenty-four Hour Accessibility

How does Casey County Circuit Court, Kentucky handle sealed or redacted filings?

Process: file unredacted to clerk. When filed material contains personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to the listed case participants and authorized court personnel.

View ruleSource: page 14, section 6.4 Protection of Personal Identifiers

How do I request an adjournment or extension in Casey County Circuit Court, Kentucky?

The response deadline may be extended on an oral or written motion showing good cause, including the motion’s length and complexity; a late response may be grounds to grant the motion.

View ruleSource: page 9, section Rule 2. Court Scheduling, Motion Hour, and Procedures for Filing

Are filing fees or waivers addressed in Casey County Circuit Court, Kentucky?

A fee is required for covered filings. A $50 fee is due for a qualifying post-decree modification motion, except for Title IV-D child-support-enforcement motions; the clerk collects the fee when the motion is filed unless the movant files an in-forma-pauperis motion.

View ruleSource: page 13, section 5.8 Post Decree Litigation

What filing deadlines does Casey County Circuit Court, Kentucky set?

An eligible person may apply for a pretrial diversion order after indictment, but no later than 45 days before trial.

View ruleSource: page 1, section 3. PROCEDURE

What service or proof of service rules apply in Casey County Circuit Court, Kentucky?

The Court may revoke or void participation in pretrial diversion after a hearing, with notice to the Commonwealth's Attorney and the defendant.

View ruleSource: page 2, section 5. REVOCATION
Complete rules summary for Casey County Circuit Court, Kentucky

An eligible person may apply for a pretrial diversion order after indictment, but no later than 45 days before trial.

For a pretrial diversion application, counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

The Commonwealth must provide the Court with a written recommendation in response to each diversion application.

Before recommending diversion, the Commonwealth must obtain a Courtnet criminal-record check and supply a copy to the Court and the defendant.

If diversion is recommended, the prosecutor must submit a written recommendation stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

A diversion order must include any applicable restitution, the diversion duration, compliance with Probation and Parole rules, and the specified offense-related and other appropriate conditions.

A diversion order may include the listed drug and alcohol, statutory-compliance, and weapon conditions; the stated duration limits also apply.

The Court may revoke or void participation in pretrial diversion after a hearing, with notice to the Commonwealth's Attorney and the defendant.

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

The court must review a protective-order petition immediately upon 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 or trial commissioner unless impossible due to no judge or trial commissioner being available.

After regular business hours, the authorized agency or officer must contact the district judge to consider the petition or motions.

The judge reviewing an order-of-protection petition must indicate in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Petitioners seeking to initiate contempt proceedings should contact the Adair/Casey Circuit Court Clerk’s office, which will set a hearing on the next available domestic violence docket in the court that issued or modified the EPO or DVO.

An attorney seeking to stop representing a party must file a motion to do so.

A courtesy copy must be sent to the Judge's office for motions scheduled through Judge Vance's Office.

An attorney seeking to stop representing a party must give adequate notice to the client and opposing counsel.

If a motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.

Attorneys must promptly notify the court and all other counsel of circumstances requiring their absence or tardiness.

Attorneys must promptly inform the court of any full or partial settlement or continuance of a matter set for hearing or trial.

Motions must be scheduled through Judge Vance's Office by phone or email, and a courtesy copy must be sent to the Judge's office.

Motions must be filed with the circuit clerk by 3:30 p.m. at least five days before the Rule Day—Wednesday in Casey County and Thursday in Adair County—or they will not be heard as requested or docketed until a timely motion is made.

A courtesy copy of each motion must be served on the Judge at least five days before the Rule Day by mail, fax, or email.

Motions and correspondence must include the case number, parties' names, date, and a designated motion type.

All motions for a continuance shall state the date of the

A motion going to the merits must include a brief memorandum stating its grounds and citing supporting authorities.

A party properly served with the motion and its supporting memorandum must file a response memorandum stating its grounds and citing supporting authorities.

Before filing a motion for final adoption hearing, counsel must review Attachment A’s checklist and certify the specified information about bringing necessary parties before the court and parental consent or an applicable termination order or exception.

Merits-motion memoranda are limited to 25 pages for supporting and opposing memoranda and 5 pages for reply memoranda.

More Judges in Casey County Circuit Court, Kentucky

Judy Vance Murphy
Judge