Clay Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements4 rules
All pages of all legal papers shall be numbered at the bottom center of each page.
Formatting
- •Number every page at the bottom center
Orders may be submitted to the court as to any motion, and if so shall be typed separately on plain, letter-size paper and shall accompany the copy of the motion served on the court or be presented to the court at the hearing of the motion.
- File type
- Paper
- Paper size
- Letter
- Proposed order
All motions shall be separately paragraphed and separately numbered.
Those proposed documents must be typed on plain, letter-size paper and submitted in original form.
- File type
- Paper
- Paper size
- Letter
- Proposed findings conclusions
- Final decree
Formatting
- •Typed on plain paper
- •Submitted in original form
Court's wording
5. Proposed findings of fact, conclusions of law and final decrees in original form, shall be submitted to the court typed on plain, letter-size paper when domestic relations cases are either heard orally or on deposition as provided herein.
Document Filing Requirements28 rules
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
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.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
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.
Pleadings and legal papers in civil and criminal cases must have the specified heading centered at the beginning of the first page.
Court's wording
The heading of all pleadings and legal papers in all civil and criminal case shall be styled at the beginning and center of the first page as follows : "COMMONWEALTH OF KENTUCKY # JUDICIAL CIRCUIT COUNTY CIRCUIT COURT DIVISION # (WHERE APPLICABLE) CIVIL ACTION NO. OR INDICTMENT NO .
such service shall also appear in the certificate of service.
Must include
- •Certificate of service
All pleading and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address of the attorney including telephone number as in the following example :
All Orders shall contain a Distribution list as set out in the following example :
4. All actions for final decrees shall include the testimonies of the parties to prove residency.
A party seeking a judgment by default where Rules 55 .01, 4.01, or 6 .03 of the Kentucky Rules of Civil Procedure apply shall first file a written motion for such a judgment.
All such motions shall be submitted ex parte and shall not be scheduled on Motion Day dockets.
5. Proposed findings of fact, conclusions of law and final decrees in original form, shall be submitted to the court typed on plain, letter-size paper when domestic relations cases are either heard orally or on deposition as provided herein.
Except when the Court specifically orders otherwise, parties must prepare proposed instructions for tender to the court and opposing counsel, subject to revision, before jury-docket placement and before the pretrial conference.
Court's wording
Except in cases specifically ordered by the Court, before a case is placed on a jury docket, and in all cases before an action is heard at the pre-trial conference, the parties shall comply with the following: a. Determine that pleadings are completed and all issues of fact joined; b. Complete discovery if possible; c. Prepare proposed instructions to be tendered to the court and opposing counsel, subject to revision; d. Be prepared to stipulate undisputed facts by either party; e. In tort actions involving personal injury, be prepared to exchange medical reports and copies of medical bills or other evidence of special damages; f. To discuss all material points of law; g. To discuss the nature of the case, the theories of the parties, admitted facts, the ultimate facts which will be disputed, and the points of law to be passed on by the courts.
Discovery answers and objections must identify and quote each interrogatory in full immediately before the answer or objection.
Court's wording
Answers and objections to interrogatories, requests for admission or other similar discovery procedures, shall identify and quote each interrogatory in full immediately preceding the statement of any answer or objection thereto.
Such proposed findings shall specifically -state the z material facts as to which the moving party contends there is no genuine issue.
All cases submitted on depositions other than uncontested divorces, shall be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.
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 recommending diversion, the Commonwealth must submit written recommendations on its conditions and the appropriate sentence if the agreement is unsuccessful.
Court's wording
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) .
C. The Commonwealth shall make a written recommendation to the court in response to each application . KRS 533 .250 (2)
An Order of Diversion must include any applicable restitution, supervision status and applicable fees, the diversion duration, and the specified requirements for the defendant.
Court's wording
B. The Order of Diversion shall include: 1. Restitution, if applicable, where victim has suffered monetary damage. KRS 533 .254 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . KRS 533 .250 (3). 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and 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 .
An Order of Diversion must include the listed drug, alcohol, criminal-law, and weapons conditions.
Court's wording
C. The Order of Diversion shall include : 1. That the defendant remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the defendant possess no firearm or any other deadly weapon or be in a household where a firearm or other deadly weapon may be located ..
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be 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.
B. The judge reviewing a petition for an order of protection shall indicate in the ¿'Court Actioni 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.
Responsive affidavits shall be utilized if possible.
Any party opposing the motion may, prior to the day of hearing, serve and file a concise "statement of genuine issues," setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated .
In a contested dissolution, an attorney may, at the Court's discretion, file and furnish an itemized schedule covering the listed property, employment, income, tax, non-marital property, and other relevant information.
Court's wording
2 . In every contested dissolution, each attorney may, at the discretion of the Court, file in the case and furnish to the Court and opposing counsel, an itemized schedule setting forth the following: a. Marital property of the parties and in whose name it is held, and the value thereof, including: 1 . Real estate 2. Personal property, including cash, bank accounts, etc . ; b. Employment status; c. Income, periodic and from all sources, and supporting proof thereof from employer, including wage statements, etc.; d. Copy of tax return for preceding year; e. List of property, real and personal, claimed non-marital, and the basis of the claim; f. Any other information the parties may believe will assist in making property disposition and fixing award for maintenance and support, where applicable.
There may be served and filed with each motion for summary judgment filed pursuant to CR 56, proposed findings of facts and conclusions of law and a proposed s judgment.
Filing & Service rules
Electronic Filing Rules
Faxed documents will not be accepted for Clay County Division I motion-hour matters.
The only matters that will appear on the docket for Clay County for Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on the Friday immediately preceding motion hour on the following Thursday . Faxed documents will not be accepted.
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Faxed documents will not be accepted for Clay County Family Court Division II matters.
The only matters that will appear on the docket for Clay County Family Court-Division II are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on the Wednesday immediately preceding court on the following Wednesday . Faxed documents will not be accepted.
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Faxed documents will not be accepted for Jackson County Division I motion-hour matters.
The only matters that will appear on the docket for Jackson County Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p .m. on Wednesday immediately preceding motion hour on the following Tuesday . Faxed documents will not be accepted.
Page 4 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Faxed documents will not be accepted.
Tuesday immediately preceding court on the following Tuesday . Faxed documents will not be accepted .
Page 5
Faxed documents will not be accepted.
Faxed documents will not be accepted.
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Filing Timing and Cure Windows
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
Clay County Family Court Division II matters must be filed of record and physically possessed by the Clerk by 4:00 p.m. on the Wednesday before the following Wednesday court session to appear on the docket.
The only matters that will appear on the docket for Clay County Family Court-Division II are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on the Wednesday immediately preceding court on the following Wednesday .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Clay County Division I matters must be filed of record and physically possessed by the Clerk by 4:00 p.m. on the Friday before the following Thursday motion hour to appear on the docket.
The only matters that will appear on the docket for Clay County for Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on the Friday immediately preceding motion hour on the following Thursday .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
The only matters that will be heard on the first Tuesday of each month (Motion Hour) for Jackson County Family Court Division II are Juvenile matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on
The only matters that will be heard on the first Tuesday of each month (Motion Hour) for Jackson County Family Court Division II are Juvenile matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on
Page 4 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Jackson County Division I matters must be filed of record and physically possessed by the Clerk by 4:00 p.m. on the Wednesday before the following Tuesday motion hour to appear on the docket; faxed documents are not accepted.
The only matters that will appear on the docket for Jackson County Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p .m. on Wednesday immediately preceding motion hour on the following Tuesday . Faxed documents will not be accepted.
Page 4 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
To appear on the Leslie County Family Court-Division II docket, matters must be filed of record and physically possessed by the Clerk by 4:00 p.m. on the Monday before the following Monday court session.
The only matters that will appear on the docket for Leslie County Family Court-Division II are those matters that have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on Monday immediately preceding court on the following Monday.
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
To appear on the Leslie County docket, matters must be filed of record and physically possessed by the Clerk by 4:00 p.m. on the Thursday before the following Wednesday motion hour.
The only matters that will appear on the docket for Leslie County are those which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on Thursday immediately preceding motion hour on the following Wednesday .
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
An eligible person may apply for pretrial diversion after indictment, but must apply 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 | III. PRO CEDURE
Dependency, Neglect and Abuse cases must be filed at least 72 hours, excluding weekends and holidays, from issuance of an emergency custody order and before the temporary removal hearing.
All Dependency, Neglect and Abuse cases in Family Court shall be filed no less than 72 hours, exclusive of weekends and holidays, from the issuance of an emergency custody order and before the temporary removal hearing
Civil cases
Page 4 | RULE 6. DEPENDENCY, NEGLECT AND ABUSE CASES
The court must review a protective-order petition immediately upon filing and may not send petitioners away or leave them waiting for extended periods.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.
Civil cases
Page 7 | I. 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 the time 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
Matters not filed in accordance with the Clay County motion-hour policy will be docketed and scheduled for the next succeeding motion hour.
Matters not filed in accordance with this policy will be docketed and scheduled for hearing on the next succeeding motion hour by the Clerk .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
A statement of genuine issues may be served and filed before the day of the summary-judgment hearing.
Any party opposing the motion may, prior to the day of hearing, serve and file a concise "statement of genuine issues," setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated .
Page 21 | CPR-155 MOTIONS FOR SUMMARY JUDGMENT
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 the time of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Civil cases
Page 7 | I. Uniform Protocol for Handling Cases
Service and Proof of Service Rules
Motions for Motion Day must be served by close of business on the fifth day before the Motion Day.
Motions to be heard on Motion Days must served no later than the close of business on the fifth day before Motion Day.
Page 13 | CPR-110 MOTION DAYS
On the day the notice of hearing is served, the attorney must deliver or mail a copy of the notice and motion to the clerk and judge.
On the same day the attorney serves notice of hearing, the attorney shall cause a copy of that Notice and Motion to be delivered or mailed to the clerk and judge.
Page 14 | CPR-110 MOTION DAYS
Copies of Motion Day notices and motions must be served on the court when applicable to the case, with that service shown in the certificate of service; a noncompliant motion may be heard only at the court's discretion.
A copy of all notices and motions for Motion Day shall also be served upon the court, as called for by the case, and such service shall also appear in the certificate of service. Any motion filed not in compliance with these rules shall be heard only in the discretion of the court.
Page 14 | CPR-115 NOTICES, MOTIONS, AND ORDERS
The Circuit Clerk must distribute each order to the listed persons by mail or delivery and certify the distribution with a check mark, initials, and date.
The Circuit Clerk shall distribute copies of all orders by mail or delivery to the persons listed under "DISTRIBUTION" and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the Distribution list.
Page 15 | CPR-130 DISTRIBUTION OF ORDERS
For maintenance or child-support matters, a comprehensive affidavit accompanying the motion must be served on the respondent and clearly state the factual basis and amounts or other relief sought before the court will hear the matter.
The court shall not hear any matters for maintenance or child support in the absence of service on a respondent of a comprehensive affidavit accompanying the motion for same in the manner pursuant to KRS 403 .160, which clearly sets forth the factual basis for the motion and the amounts or other relief required.
Page 16 | CPR-135 DOMESTIC RELATIONS
Documents required to be filed must be served at least five days before a scheduled hearing, unless the initial affidavit alleges in good faith and specifically sets forth facts showing that delay would seriously endanger the movant's or the movant's child's health or constitute manifest injustice.
required to be filed must be served at least five days prior to the date of the scheduled hearings unless the initial affidavit alleges in good faith and specifically sets forth facts, not mere conclusions, showing and also alleging the delay would endanger seriously the movant's or movant's child's physical, mental, moral, or emotional health, or constitute manifest injustice.
Page 17
If the case is scheduled for hearing, the itemized schedule must be furnished to the court and opposing counsel five days before the hearing.
3 . If the case is scheduled for hearing, the above-mentioned schedule shall be furnished to the court and opposing counsel five days prior to the hearing date.
Page 18
Proposed findings of fact, conclusions of law, and judgment must be furnished to opposing counsel.
Proposed findings of fact, conclusions of law, and judgment shall be furnished to opposing counsel.
Page 21 | CPR-160 CASES SUBMITTED ON DEPOSITIONS
The filing must be served on all parties and, where applicable, social workers.
with service on all parties and social workers (where applicable).
Civil cases
Page 4 | RULE 6. DEPENDENCY, NEGLECT AND ABUSE CASES
Chambers Communication Rules
During regular business hours, the authorized agency or officer must present the petition first to the Family Court Judge, then follow the stated fallback order if that judge is unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the Family Court Judge. If the Family Court Judge is not available, the Petition shall be presented to either of the District Judges, beginning with the District Judge on call. In the absence of a District Judge, the Petition shall be presented to the Trial Commissioner, if the particular county has a Trial Commissioner. In the absence of the latter, the petition shall be presented to the Circuit Judge.
Page 3 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present the petition first to the Family Court Judge, then follow the stated fallback order if that judge is unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to Family Court Judge. If the Family Court Judge is not available, the Petition shall be presented to either of the District Judges, beginning with the District Judge on call. In the absence of a District Judge, the Petition shall be presented to the Trial Commissioner, if the particular County has a Trial Commissioner. In the absence of the latter, the petition shall be presented to the Circuit Judge.
Page 3 | Twenty-four Hour Accessibility
Before making a recommendation, the Commonwealth must request a criminal record check from AOC Pretrial Services by phone or fax and must not send the request to the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer. See KRS 533.252.
Criminal cases
Page 3 | III. Procedure
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office in the county of the court that issued the protective order.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office for the County of the Court which issued the emergency protective order or protective order.
Civil cases
Page 9 | Revised Twenty-Four Hour Accessibility to Protective Orders and Local Joint Jurisdiction Protocol
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk’s office in the county of the court that issued the protective order.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office for the County of the Court which issued the emergency protective order or protective order.
Page 4 | IV. Contempt Proceedings