Crittenden Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- At Least 5 Days Before Hearing
Summary Judgment Motions
Adjournments
- A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on a new time; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send copies to Family Court and the Clerk. Dependency, neglect, or abuse matters must also comply with FCRPP 21; the Court retains discretion to grant or deny a continuance, allocate costs for good cause, or proceed despite party agreement.
- After the report date, the Court will not continue a case absent good cause.
- A motion for a continuance must be made and heard before the designated report date, except when good cause is shown.
- +1 more
Request must include
Communication
Document Format Requirements8 rules
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
All orders and judgments shall be prepared as separate instruments.
- Order
- Judgment
Formatting
- •Orders and judgments must be prepared as separate instruments
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
All pleadings, motions, and documentation (except items of evidence) shall be typewritten.
- Pleading
- Motion
- Documentation
Formatting
- •Documents must be typewritten; items of evidence are excepted
All orders shall be prepared as separate instruments.
3. The final Plaintiff's attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.
An order of sale must not designate the auctioneer or appraisers, but a party may include a known reason for disqualification.
Court's wording
2. Designations of the auctioneer or appraisers to be used by the Master Commissioner, provided; however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
1. Specific dates on which the sale is to be conducted.
Document Filing Requirements82 rules
Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.
B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.
- Document
- Discovery motion
Must include
- •Certificate of conference
A pleading, motion, or other documentation containing AI-generated material must include the specified certification language.
- Document
- Pleading motion or documentation
Must include
- •AI disclosure
Court's wording
All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.
All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.
The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.
When directed to prepare an order, an attorney or pro se party must mark it “Tendered By” or “Prepared By” and submit it to the opposing attorney or party for a “Have Seen” signature; that signature only confirms the order reflects the Court's findings and does not waive objections.
Court's wording
The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court, or take the matter under submission for preparation of an order by the Court. Any order prepared by an attorney or pro se party shall contain a signature as "Tendered By" or "Prepared By," and be submitted to the opposing attorney or pro se party for signature as "Have Seen." By singing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court.
If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day.
Movant shall state that the motion is made under CR 78(2) and this local rule.
Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.
After regular clerk business hours, the designated recipient must sign the petition with their name and office position to witness and verify the oath administered to the petitioner.
Court's wording
The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the Petitioner affirming the truthfulness as to the contents of the petition, and shall sign their name and office position to the petition as witness and verification of said oath.
An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file for reasons relating to representation
Any agreement reached during mediation by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.
The Family Court Case Data Sheet must be fully completed in all cases.
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 of the attorney or party signing the document.
- Document
- Pleading motion or other filed paper
Must include
- •Case number
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.
An individual requesting a judicial order must provide the Family Court Judge with a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child, and specific purpose for the request.
During regular business hours, the authorized agency or officer must present the completed, sworn petition to the Family Court Judge, with the stated judicial-officer alternatives if unavailable.
Court's wording
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the 5"h Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5h Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.
After regular clerk's office hours, the designated person may administer the petitioner's oath and must sign the petition with their name and office position to verify the oath.
Court's wording
The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the petitioner affirming the truthfulness as to the contents of the petition and shall sign their name and office position to the petition in witness and verification of said oath.
During regular business hours, the completed, sworn petition must be presented first to the Family Court Judge of the Fifth Judicial Circuit, with specified judicial officers in that circuit or a surrounding county as alternatives.
Court's wording
The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the Fifth Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge or Circuit Judge of the Fifth Judicial Circuit. If no authorized individual can be found in the Fifth Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge or Trial Commissioner in any surrounding county.
After regular clerk business hours, the designated person receiving a completed petition may administer the petitioner's oath and must sign the petition with their name and office position.
Court's wording
The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the petitioner affirming the truthfulness as to the contents of the petition and shall sign their name and office position to the petition in witness and verification of said oath.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
- Document
- Discovery motion
Must include
- •Certificate of conference
C. All motions, except those included in an answer, when served on the adverse party shall contain a date on which said motion shall be heard, which date shall not be later than the next regular motion day at which the motion could be heard. Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.
An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)
A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default.
When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.
After a ruling, verdict, or judgment in a civil case, counsel for the successful party must prepare and present a conforming order or judgment, obtain the specified “Have Seen” endorsements, and note if the opposing party is unrepresented.
Court's wording
In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court. If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court.
Orders for the sale of property must include a complete caption, property and title details, judgment and default information, applicable mobile-home and sale-condition details, and specified directives concerning lien releases and property taxes.
- Document
- Order of sale
Must include
- •Caption
Court's wording
Orders for the sale of property shall contain: 1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as "etc." or "et al." shall not be used 2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners. 3. The address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. Special conditions of sale, for example, property to be sold on site, specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. A directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number.
An order of sale must include the specified language concerning the occupant's vacancy notice and the purchaser's writ of possession.
Court's wording
11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."
An order of sale must include the specified language concerning payment terms, the purchaser's bond, the sale, and compliance with the sale terms.
Court's wording
10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.
Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
- Document
- Summary judgment submission
Must include
- •Proposed order
All motions not complying with this order will be summarily denied.
Pro se shock-probation motions must include the judgment and sentence dates, sentence length, incarceration statement, information about the plea recommendation and supporting offer, relevant release plans and supporting employment documentation, and the correct case number.
- Document
- Motion
Must include
- •Case number
Court's wording
All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number.
A prospective juror's request for a permanent medical exemption from jury service must be supported by the juror's physician's certification.
Court's wording
Upon the request of any prospective juror for a permanent exemption from jury service because of a permanent medical condition, which must be supported by certification from the juror's physician, the Designee shall within five (5) days refer said request and medical certification to the Chief Circuit Judge for consideration.
AND LIENS FORECLOSED AND EXTINGUISHED BY REASON OF THE JUDICIAL SALE, AND/OR TO LIST THE BOOK AND PAGE FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS, NUMBER WHERE EACH LIEN TO BE RELEASED IS RECORDED.
FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY.
FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)
INCLUDING BILLS PURCHASED BY A PRIVATE PARTY. LOCAL RULE 12.02(A)(9). IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.
FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).
FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).
INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)
FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)
Include
- •FAILURE TO LIST SOURCE OF TITLE
FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)
FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.
IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.
FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).
Include
- •Proper payment option language
FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3).
FAILURE TO INCLUDE VACATING PREMISES LANGUAGE. LOCAL RULE 12.02(A) (11). OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE.
RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE. LOCAL
The Commonwealth shall make a written recommendation to the Court in response to each application .
Filing & Service rules
Electronic Filing Rules
E-filing is preferred, and represented parties should use the e-filing system for Family Court matters when possible.
E-filing shall be the preferred method of filing. All parties with counsel should utilize the e-filing system for all Family Court matters when possible.
Civil cases
Page 9
A motion not e-filed may be filed in person with the appropriate Clerk's office or by fax if a hard copy is subsequently filed of record within the rules' time limits.
Motions not e-filed may otherwise be filed in person at the appropriate Clerk's office, or by facsimile so long as a hard copy is subsequently file of record, within the time limits provided for in these rules.
Civil cases
Page 9
Proposed documents in an adoption action may be submitted to the Court by email.
Proposed documents may be submitted to the Court by email.
Civil cases
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases
Filing Timing and Cure Windows
Motions must be filed at least 7 days before the scheduled hearing; late motions may be denied or continued, subject to the stated exceptions and the court’s authority to waive the time limits for good cause or in the interest of justice.
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
A CR 78(2) motion may be routinely granted without a hearing after ten calendar days if no response is filed.
The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.
Civil cases
Page 10 | Motions Routinely Granted
Within three days after an order is filed with the Clerk, the opposing attorney or pro se party may file objections stating reasons or submit an alternative order; afterward, the matter stands submitted to the Court.
Within three (3) days after filing of the order with the clerk, the opposing attorney or pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.
Civil cases
Page 10 | 206 Entry of Orders and Judgements
The time frames for filing a Notice of Appeal or a motion to reconsider run from entry of the original order with the Circuit Court Clerk.
The time frames for filing Notices of Appeal or any motions to reconsider shall be from the date of the entry of the original order with the Circuit Court Clerk.
Civil cases
Page 11
The completed, sworn petition must be presented immediately, with specified judicial-officer alternatives if the primary recipient is unavailable.
The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5h Judicial Circuit. If not available, the petition may be presented to any trial commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5" Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.
Civil cases
Page 12 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
In dissolution mediations, each party must tender the Preliminary Verified Disclosure Statement and any objections to the mediator at least seven days before mediation by email or mail; late tender may result in the mediator vacating the mediation.
For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.
Civil cases
Page 16 | 703 Mediation, H
Each party must file related motions and any stipulations or agreements reached at least seven days before mediation.
Each party shall file at least seven (7) days prior to the mediation any related motions and any stipulations or agreements reached.
Civil cases
Page 16 | 703 Mediation, G
Petitions will be reviewed within one hour after presentation to a judge or trial commissioner, unless no judge or trial commissioner is available.
Petitioners will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Civil cases
Page 20 | II. Twenty-Four Hour Accessibility
Motions must be filed at least seven days before the hearing, and copies must be provided to the Court's office at least five days before the hearing.
Motions must be filed at least seven (7) days prior to the day it is to be heard with copies to the Court at her office at least five (5) days before hearing.
Page 4 | LOCAL RULE 5 - MOTIONS
The assignment must be filed with the Clerk and Master Commissioner within one week of the sale.
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
Page 13
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 10 days before trial.
After indictment in circuit court, and no later than 10 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. Procedure
If the court closes for an unforeseen reason, the party who filed the motion must re-notice it for a regularly scheduled Motion Hour.
C. If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be re-noticed by the party filing the Motion to be heard on a regular scheduled Motion Hour.
Civil cases
Page 6 | 202 Exceptions to Regular Motion Hour Schedule
A petition will be reviewed within one hour after presentation to a judge or Trial Commissioner, unless unavailability makes that impossible.
Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 4 | Twenty-Four Hour Accessibility
Motions that do not comply with the filing requirements will be passed to the next regular motion day and docketed accordingly.
Motions not complying with this requirement will be automatically passed to the next regular motion day and the clerk is hereby directed to docket same accordingly.
Page 4 | LOCAL RULE 5 - MOTIONS
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 6 | LOCAL RULE 8 - AGREED ORDERS AND IN FORMA PAUPERIS MOTIONS
Service and Proof of Service Rules
Responses, if any, must be served at least 2 days before the hearing; the court may waive this time limit for good cause or in the interest of justice.
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
Photocopies of motions and notices must be sent to opposing parties or counsel by mail, hand delivery, fax, or another court-approved method; the excerpt begins a same-date requirement but cuts off after “the motion or.”
Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
A motion for post-judgment relief must be served on both the opposing party and any attorney of record.
Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.
Civil cases
Page 9
After the hearing, the Petitioner must continue diligent efforts to locate and notify every person who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Civil cases
Page 14 | Effect of Service on Only One Parent/Person Exercising Custodial Control
All parties must be served with notice of an attorney's request to withdraw.
All parties shall be served with the notice of an attorney's request to withdraw.
Civil cases
Page 15 | 606 Duty of Guardian Ad Litem, Parent Attorney, and CASA Volunteer to continue
In dissolution mediations, each party must tender the Preliminary Verified Disclosure Statement and any objections to the mediator by email or mail; late tender may result in the mediator vacating the mediation.
For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.
Civil cases
Page 16 | 703 Mediation, H
The motion requesting a judicial order must be accompanied by notice to all parties, including the child's Guardian Ad Litem, if any.
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.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
(Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an EPO shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer).
(Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an EPO shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer).
Civil cases
Page 19 | I. Uniform Protocol for Handling Cases
Service of written motions and their notices must comply with the specified Kentucky rules and statutes.
Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05.
Page 4 | LOCAL RULE 5 - MOTIONS
If the Court issues a warrant instead of its usual summons, the warrant must immediately be forwarded to the county sheriff and to any law enforcement agency or officer that requests it from the Circuit Clerk.
Once an indictment has been returned and processed by the Court, that defendant becomes under the jurisdiction of the Circuit Court and if the Court issues a warrant rather than its usual summons, the warrant shall immediately be forwarded to the sheriff of the county and to any other law enforcement agencies or officers who request same from the Circuit Clerk.
Page 7 | LOCAL RULE 10 - CRIMINAL CASES
Motions seeking an order of reference to the Master Commissioner must be served on the Master Commissioner pursuant to CR 5.02.
All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows:
Page 9 | Rule 12.01 - References to the Master Commissioner
Motions concerning matters referred to the Master Commissioner must be served on the Master Commissioner as if the Commissioner were a party.
All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had
Page 12 | Rule 12.03(B)
Subsequent motions and reports concerning confirmation of a sale must be served on a nonparty purchaser under CR 5.02.
When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
Page 13
A motion for leave to withdraw as counsel must be served on the client and other parties.
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Page 14 | LOCAL RULE 14 -WITHDRAWAL OF COUNSEL
The Court may void a person's participation in pretrial diversion only after a hearing with notice to the Commonwealth and defendant and a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .
Criminal cases
Page 4 | V.A
A hearing may proceed despite nonservice on the non-custodial parent if the record establishes the Petitioner's diligent efforts to serve all parties, including contacting the Child Support Division to locate an absent parent.
The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing 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 the Petitioner has made diligent efforts to serve all parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Civil cases
Page 14 | Effect of Service on Only One Parent/Person Exercising Custodial Control
The moving party is responsible for re-noticing motions that are passed.
Movant will be responsible for re-noticing said motions.
Page 4 | LOCAL RULE 5 - MOTIONS
Filing Fees and Waivers
A $50 reopening fee applies to motions in cases inactive for six months on an issue, subject to the stated Title IV-D and in forma pauperis exceptions.
Pursuant to FCRPP 14(1), a $50.00 reopening fee for cases that have been inactive for six months on a particular issue 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.
Civil cases
Page 13 | RULE S PATERNITY
Required filing fees must accompany petitions and applicable motions unless the Court permits the litigant to proceed in forma pauperis.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions.
Civil cases
Page 15 | RULE 7 DOMESTIC RELATIONS PRACTICE, 701 Filing Fees
Permission to proceed in forma pauperis allows a petition or motion to progress but does not finally allocate costs and fees; absent agreement, the Court determines the allocation in the final disposition.
When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
Civil cases
Page 15 | RULE 7 DOMESTIC RELATIONS PRACTICE, 701 Filing Fees
The Clerk must assess additional costs for extraordinary services in applicable civil cases under the cited authorities.
The Clerk shall assess additional costs in all applicable civil cases, pursuant to KRS 23A.200(8), CR 3.02, and the Costs and Fines section of the Circuit Court Clerks Accounting Manual.
Page 17 | LOCAL RULES 19 - ADDITIONAL COSTS FOR EXTRAORDINARY SERVICES
Courtesy Copy Requirements
Courtesy copies of all motions must be emailed to the Judge's office.
Courtesy copies of all motions shall be emailed to the Judge's office at Sthcircuitfamilycourt/@kycourts.net.
Civil cases
Page 9
Copies of motions must be provided to the Court's office at least five days before the hearing.
Motions must be filed at least seven (7) days prior to the day it is to be heard with copies to the Court at her office at least five (5) days before hearing.
Page 4 | LOCAL RULE 5 - MOTIONS
Copies of the summary-judgment motion papers must be sent to the Judge’s office at the stated address.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Sealing & Redaction Procedures
Temporary Custody Orders granted 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.
Civil cases
Page 11 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
For covered personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access restricted as stated; documents in actions deemed confidential by statute need not be redacted.
However, except as set forth in paragraph (B) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted, and filing an un-redacted copy in a marked and sealed envelope. The clerk of the Court shall allow the un-redacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific 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. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Civil cases
Page 17 | 902 Protection of Personal Identifiers
The Circuit Clerk's Office may not release a Family Court video of an in-chamber child interview without a specific written order from the Family Court Judge.
Pursuant to FCRPP 25, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge.
Civil cases
Page 18 | 903 Video Copies of In-Chamber Interviews with Children
Confidential Family Court videos generally require a specific written order for release, except as authorized in Paternity actions and for specified public officers or employees; those officers or employees may use and distribute the information only for investigation or prosecution.
The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the 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. 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 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.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
Juror qualification information is available to the trial judge and parties or counsel unless confidentiality or use limits are imposed in the interest of justice; disclosure is otherwise restricted to specified people, and copies may be made at the requester’s expense but must be destroyed within a reasonable time after the jury term.
D. The contents of juror qualification forms shall be made available to the trial judge and to parties or their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part Il Section 9, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associated with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.
Page 16 | LOCAL RULE 18 - JURY SELECTION
Pre-Motion Conference Requirements
For CR 78(2) motions, the Court may grant the motion routinely ten days after filing unless an objection is received or a response is filed.
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
Page 5 | LOCAL RULE 5 - MOTIONS
Before seeking a hearing on a motion to compel discovery compliance, counsel must confer or correspond with opposing counsel and be unable to reconcile the differences.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
Page 5 | LOCAL RULE 5 - MOTIONS
Summary-judgment motions are not noticed for hearing; opposing memoranda may be filed within 30 days and replies within 15 days, subject to the stated foreclosure exception, after which the motion is submitted.
Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion. Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted. EXCEPTION: In cases involving a foreclosure action where there is also a combination motion for Default Judgment against the Debtor, the Court will waive the 30 day response requirement for those who have filed an answer but there is no real issue. For example, Counties and Cities who have been named as Defendants due to outstanding taxes or institutions that have superior liens.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
The Court will consider a party’s request for oral argument and may request oral argument on its own.
The Court will consider any party's request for oral argument or may request same on its own.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Adjournment & Extension Requirements
A party unable to attend a scheduled motion hearing must immediately notify the moving party and try to agree on a new time; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send copies to Family Court and the Clerk. Dependency, neglect, or abuse matters must also comply with FCRPP 21; the Court retains discretion to grant or deny a continuance, allocate costs for good cause, or proceed despite party agreement.
Any attorney or pro se party who will be unable to be present at the time scheduled in the motion shall immediately notity the moving attorney or pro se party and attempt to establish a mutually agreeable time for hearing the motion. If unsuccessful, the party seeking continuance shall immediately file a motion for continuance in writing, state the reasons for the continuance, and shall send a copy directly to the attention of the Family Court, as well as filing the motion with the Clerk. Any motion for continuance in a dependency, neglect, or abuse matter shall comply with the requirements of FCRPP 21. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance and may require the hearing to proceed even if the parties agree to the continuance.
Civil cases
Page 10 | Continuance of Motions
A motion for a continuance must be made and heard before the designated report date, except when good cause is shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
After the report date, the Court will not continue a case absent good cause.
After the report date, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
The sale date may not be rescheduled until the delinquent-tax information is received.
THE SALE DATE CANNOT BE RESCHEDULED UNTIL THIS INFORMATION IS RECEIVED.
Page 18 | DEFICIENCIES IN JUDGMENT
Chambers Communication Rules
A completed, sworn Domestic Violence Petition must be presented immediately to the Family Court Judge, or to the specified judicial officer alternatives if that judge or an authorized in-circuit official is unavailable.
The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5h Judicial Circuit. If not available, the petition may be presented to any trial commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5" Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.
Civil cases
Page 12 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
Outside working hours and on weekends, DCBS or the responding police agency must contact the Family Court or District Court Judge about an ECO.
After working hours, 5:00 p.m. to 8:00 a.m. Monday through Friday, and on weekends, the Family Court Judge or the District Court Judge shall be contacted by DCBS or the responding police agency.
Civil cases
Page 14 | 601 Procedure for Emergency Custody Orders
During weekday working hours, excluding holidays, ECO requesters must come to the county Circuit Court Clerk's office, and the Clerk must contact the Family Court or District Court Judge.
During normal working hours, 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office in the County where the request is being made and the Circuit Clerk shall contact the Family Court Judge or the District Court Judge.
Civil cases
Page 14 | 601 Procedure for Emergency Custody Orders
Before making a recommendation, the Commonwealth must request a criminal record check from Pretrial Services at AOC by telephone 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.
Criminal cases
Page 3 | III.D.1
Parties are responsible for keeping the Court informed of address changes.
It is the responsibility of the parties to keep the Court apprised of any address changes.
Civil cases
Page 9
At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace office (local city police, sheriff's office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace office (local city police, sheriff's office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
Civil cases
Page 12 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
During the hours of 8:00 A.M. to 4:00 P.M. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition.
During the hours of 8:00 A.M. to 4:00 P.M. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition.
Civil cases
Page 12 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
Should the parties resolve the pending issues prior to the hearing date, they shall promptly notify the Court to request an Order vacating the hearing date.
Should the parties resolve the pending issues prior to the hearing date, they shall promptly notify the Court to request an Order vacating the hearing date.
Civil cases
Page 16 | Final Evidentiary Hearings
Court and Family Court staff, the Circuit Clerk, and deputy clerks may provide information, referrals, and other assistance when possible, but may not provide legal services or advice to litigants.
The Family Court Staff is available and willing to provide information, referrals for services, and additional assistance when possible. However, pursuant to the Kentucky Court of Justice mandates, neither the Court, nor the Family Court Staff, nor the Circuit Clerk, nor any deputy clerk is permitted to provide legal services or advice to litigants.
Civil cases
Page 18 | 906 Additional Assistance
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Civil cases
Page 21 | III. Contempt Proceedings
A petitioner seeking contempt proceedings should contact the Circuit Court Clerk in the county where the protective order was entered and file a completed AOC 275.5 affidavit.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Page 4 | Contempt Proceedings
Matters requiring presentation of evidence must be arranged with the Court for a special time.
Matters requiring presentation of evidence will be assigned a special time upon arrangement with the Court.
Page 2 | LOCAL RULE 3 - SESSIONS OF THE COURT
If a scheduled motion day falls on a holiday, parties should check with the clerk to determine the alternate date.
Should one of these dates fall on a holiday one should check with the clerk to determine the alternate date.
Page 2 | LOCAL RULE 3 - SESSIONS OF THE COURT
The clerk, an attorney of record, or a self-represented party of record must bring any question about the propriety of filing an item to the Court's attention immediately.
Any question concerning the propriety of filing of any item shall be brought to the Court's attention immediately by the clerk or an attorney of record, or party of record acting pro-se.
Page 6 | LOCAL RULE 5 - MOTIONS
Dates and times for a telephonic conference may be obtained through the Judge’s Case Managers at the Office of the Family Court.
Dates and Times for telephonic conference may be obtained through the Judge's Case Managers at the Office of the Family Court.
Civil cases
Page 6 | 202 Exceptions to Regular Motion Hour Schedule
After the Family Court Judge approves the proposed orders, parties may obtain dates and times for adoption hearings by email or motion.
Once approval of the proposed orders has been obtained from the Family Court Judge, parties may secure a date and time for all hearings in adoptions via email or by Motion.
Civil cases
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases
The hearing's time and date may be obtained by contacting the Office of the Family Court Judge.
The time and date for the Temporary Removal Hearing may be obtained by contacting the Office of the Family Court Judge.
Civil cases
Page 14 | 603 Time for Temporary Removal Hearing
A party may fax the Master Commissioner a statement regarding delinquent taxes without re-filing an amended judgment and order of sale.
You may fax the Master Commissioner a statement regarding delinquent taxes, without re-filing an amended judgment and order of sale.
Page 11 | Rule 12.02
A statement regarding delinquent taxes may be faxed without refiling an amended judgment and order of sale.
YOU MAY FAX ME A STATEMENT REGARDING DELINQUENT TAXES, WITHOUT RE-FILING AN AMENDED JUDGMENT AND ORDER OF SALE.
Page 18 | DEFICIENCIES IN JUDGMENT