Daviess Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements2 rules
Parties must ensure trial or hearing materials are compatible with available courtroom resources or arrange for the needed presentation resources before appearing in court.
Court's wording
The Daviess Circuit Court has the following resources available for use during a trial or hearing: a television; a VCR; a DVD player; a blackboard; an easel; and a lectern. Parties are responsible for ensuring evidence or material they intend to present in court for consideration are compatible with the resources available or the parties shall make arrangements prior to court appearance to provide resources for presentation of materials in court.
When the Court directs electronic submission of materials, they must be submitted to the judge's office in Microsoft Word-compatible documents without automatic numbering.
Court's wording
At times the judge may request or direct that materials be provided electronically for the courts considerations. At such times as the Court directs that materials be submitted electronically, the materials shall be submitted to the judge's office in Microsoft Word compatible documents without the use of automatic number systems.
Document Filing Requirements51 rules
The heading of all Family Court Actions shall read: COMMONWEALTH OF KENTUCKY DAVIESS CIRCUIT COURT FAMILY DIVISION _____ CASE NO. _____
All pleadings must include a distribution list with the names, addresses, and available email addresses of appropriate recipients, unless that information is protected.
Court's wording
All pleadings shall include a clear distribution list showing notice to appropriate parties, attorneys, and/or appointed individuals in said action. The distribution list shall name the party or attorney name, address, and email (if available), unless such information is otherwise protected.
In Dissolution of Marriage actions only, the Preliminary Verified Disclosure Statements (AOC-239) shall be exchanged with a copy provided to the Court Staff at least seven (7) calendar days prior to the date scheduled for the Case Management Conference.
When the conference is cancelled and rescheduled because competent participation is not possible, a Notice of Cancellation or Re-Notice must be filed with the Court.
Court's wording
If, in preparation for the conference, the parties, attorneys, or Court Staff determine it will not be possible to competently participate in the conference, they shall cancel and reschedule the conference as soon as possible and a Notice of Cancellation or Re-Notice shall be filed with the Courts.
Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.
However, if the parties reach an agreement settling all or any portion of the pending issues, the verbal agreements shall be audio-recorded by Court Staff in the presence of the litigants and attorneys and shall be reduced to writing in an agreed order within ten, (10) days.
For virtual Monday Motion Hours, the movant must include the applicable division-specific virtual-link contact instruction on the Notice of Hearing, unless the Court agrees otherwise.
Court's wording
When scheduling during virtual Monday Motion Hours, unless otherwise agreed by the Court, the movant shall include the following on the Notice of Hearing: Division III - "Please contact the Daviess Family Court Judicial Support Specialist, at (270) 689-0169 or via email to receive the virtual link information." Division IV – "Please contact the Daviess Family Court Judicial Support Specialist, at (270) 686-7299 or via email to receive the virtual link information."
and file the appropriate notice therein.
All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
A CR 78(2) notice must substantially follow the prescribed wording; an opposing party seeking an oral hearing may say so in the response and must then arrange the hearing with Family Court Staff.
Court's wording
The foregoing motion is submitted to the court for decision pursuant to CR 78(2). This motion will routinely be granted by the court in ten (10) days unless a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the issue raised in the motion, they may in their response so state, and shall proceed to set the motion for a hearing with the Family Court Staff.
For a CR 78(2) motion, the movant must notify the opposing attorney or unrepresented party that the motion may routinely be granted ten days after filing unless a response is filed.
Court's wording
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless a response is filed.
The party making any Motion under CR 78(2) shall file an appropriate tendered order of relief with the Court at the time of filing the motion.
The Daviess County Circuit Court Clerk's Office shall not release any Daviess Family Court in-chamber video interviews with a child without specific written order of the Family Court Judge presiding over the case.
The Clerk’s Office may release confidential Family Court video records only with a specific written order, or, if the parties and any applicable Guardian Ad Litem agree, upon filing an Agreed Order.
Court's wording
The Daviess County Circuit Court Clerk's Office shall not release any copies of the Daviess Family Court confidential video records without specific written order of the presiding Family Court Judge, unless otherwise agreed by the parties and Guardian Ad Litem, if applicable, and upon the filing of an Agreed Order to that effect.
Absent an agreement, the requesting party shall file an appropriate Motion requesting same.
Upon filing any new dissolution of marriage or a custody action, the Petitioner shall tender the AOC-242 Parenting Conduct Order.
All Orders adopting these guidelines shall designate which party is "Caregiver 1" and "Caregiver 2" for purposes of these guidelines.
When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefor and give adequate notice to the client and opposing counsel.
He will then notify the clerk of the half hour on which he wants to be heard and shall include the designated time in the notice to opposing counsel.
Covered motions must include a complete statement of grounds and a memorandum of points and authorities; noncompliance may be grounds for overruling the motion.
Court's wording
All motions going to the merits of the case and/or which will require citation of authority including, but not limited to, applications under CR 12 through 23, 50, 56, 59 through 62, 64, 65 through 71 and motions in criminal cases shall be accompanied by a brief but complete statement of the grounds for the motion and memorandum of points and authorities to be relied upon. Failure to comply with such requirement may be grounds for overruling the motion.
the moving counsel shall file appropriate pleading(s) clarifying the record.
It shall be signed "have seen" or "OK to enter" by all attorneys of record, and shall be presented to the Court.
A party referencing any evidentiary matter in a pleading shall make appropriate citation to the record for each statement of fact.
Any party properly served with such a motion or application shall file a response containing a statement of grounds for opposing the motion, with a memorandum of points and authorities in support of the opposition.
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
All proposed orders shall contain a distribution list that will identify all counsel and prose litigants, with addresses.
Tendering counsel shall provide a sufficient number of copies of the proposed order for the Clerk to serve in accord with the distribution list.
Any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief and, if granted, shall be set for a hearing with all parties at the earliest available date.
A Circuit Court petition for immediate entitlement to custody must list all parties involved in the related juvenile case.
Court's wording
All Petitions for Immediate Entitlement to Custody, pursuant to K.R.S. 620.110 and filed in Circuit Court shall list and serve notice upon all parties that are involved with the District Court Juvenile Dependency, Neglect, and Abuse case, including, but not limited to: all parents, temporary custodians, attorneys of record and the Cabinet.
If the parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage. Counsel shall comply with FCRPP 2 and 3 and file the documents with the Clerk for entry.
A motion for payment of debts requires the same disclosures as set forth in FCRPP 5.
A Decree shall not be final until the original is submitted and approved by the Domestic Relations Commissioner signed and entered by the Court.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
The Daviess Circuit Court Clerk or any of her officers in the Juvenile Division may both receive Petitions and administer oaths. The Office of Crime Victims' Advocacy may assist in the preparation of a Petition. Any Judge or notary public may also administer oaths, but the Petition itself and any Emergency Protective Order must still be received by the Juvenile Clerk or appropriate Circuit Division where a custody/dissolution exists.
he or she shall provide written notice to the other parent and file same with the court at least sixty (60) days prior to such move.
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
The Commonwealth's Attorney shall make a written recommendation to the Court in response to each application
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
[The Commonwealth is statutorily required to slake a recommendation, whether favorable or unfavorable, on every application . A circuit court cannot act on a request for diversion absent a recommendation from the prosecutor
which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk
The Order of Diversion must include applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the specified no-offense and other-condition directives.
Court's wording
B. The Order of Diversion shall include : 1. Restitution, if applicable . [Made mandatory by KRS 533 .254 where victim has suffered monetary damage] . 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . [The Corrections Department advises the actual monthly cost of supervision, as of January, 1999, is $97 .00 . Probation and Parole requests, and it is recommended, a monthly supervision fee of $25 .00, but no less than $10 .00, be imposed on the divertee . 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 .
If it is accepted, a specific finding should be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
Proof of completion of the following shall be supplied to the Daviess Family Court Case Manager by all attorneys wishing to remain and/or be placed on the Dependency, Neglect and Abuse (DNA) list every two (2) years prior to any new year in which their requirements need to be updated.
In Court cases or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment.
Thus, only one (1) affidavit need be filed incorporating the information referenced in said Rules.
For any discovery responses pursuant to CR 33, 34, or 36, the response shall repeat the question or request as originally propounded.
[It is recommended that the diversion plan be submitted to the Court as part of a plea agreement
It is recommended the defense attorney simultaneously submit an application to the Circuit Court and to the prosecutor
The Court is advised to modify the plea colloquy to reflect the listed diversion-related matters on the record.
Court's wording
It is suggested that when a defendant who has applied for diversion enters his/her guilty plea or plea pursuant to North Carolina v . Alford , the Court modify the colloquy to reflect these items on the record
The Order of Diversion may include drug and alcohol restrictions with random testing, restrictions on Penal Code or Controlled Substances Act violations, and firearm or deadly-weapon restrictions, depending on the charge.
Court's wording
C. The Order of Diversion may include : [These items are not statutorily required but it is suggested they be considered and imposed depending upon the nature of the particular charge] . 1. That the petitioner 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 petitioner possess no firearm or any other deadly weapon . [For the safety of parole officers who are supervising the divertees, Probation and Parole requests, and it is recommended, access to handguns be prohibited during the pendency of the diversion contract when home visits are ordered .]
Filing & Service rules
Filing Timing and Cure Windows
Motions generally must be filed at least seven calendar days before the hearing; specified motions are excepted, and untimely motions may be denied or continued absent permitted good cause.
All motions, except emergency, ex-parte motions, and motions with timeframes governed by statewide rules or statute, shall be filed with the Daviess Circuit Court Clerk's Office at least seven (7) calendar days prior to the date the action is scheduled to be heard. Except for good cause shown, permitted by FCRPP or statute, all motions filed less than seven (7) days in advance of the scheduled hearing may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion.
Page 9 | RULE 2.07 Deadline for Serving and Filing Motions
If the Clerk's Office is closed on the date seven calendar days before a hearing, the motion must be filed by 4:00 p.m. on the first day the office reopens.
If the Daviess Circuit Court Clerk's Office is closed on the date which is seven (7) calendar days in advance of the hearing, then the Motion shall be filled by 4:00 p.m. on the first day thereafter which the Daviess Circuit Court Clerk's Office reopens.
Page 10 | RULE 2.07 Deadline for Serving and Filing Motions
Motions regarding active dependency, neglect, and abuse issues must be filed seven days before the scheduled hearing.
Any Motions regarding active dependency, neglect and abuse issues shall be filed seven (7) days prior to the scheduled hearing date; and notice shall be provided to all parties, counsel of record, and the County Attorney.
Page 13 | Rule 5.03 Motion Filing in Active Actions
Responses must be filed by the time specified in the motion hearing notice.
Such responses shall be filed at or prior to the time specified in the notice of hearing of the motion.
Page 5 | Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
Unless the Judge directs otherwise, counsel for the successful party must prepare an order or judgment conforming to an announced verbal order or judgment or jury verdict within seven days.
In all civil and criminal cases in which a verbal order or judgment is announced by the Judge, and in the case of a jury verdict, an order or judgment in conformity therewith shall be prepared by counsel for the successful party within seven (7) days after the order or verdict, unless directed otherwise by the Judge.
Page 5 | Rule 205. Orders and Judgments
A hearing on a petition must be scheduled no more than fourteen days after the Emergency Protective Order is issued.
All petitions shall be set for hearing no more than fourteen (14) days from the issuance of the Emergency Protective Order.
Page 12 | Domestic Violence Protocol
A petition must be reviewed within one hour of presentation to a Judge unless no Judge is available.
Petitions will be reviewed within an hour of presentation to a Judge unless it is impossible due to the unavailability of a Judge.
Page 12 | Domestic Violence Protocol
The written notice of a covered move must be filed with the court at least 60 days before the move.
and file same with the court at least sixty (60) days prior to such move.
Page 14 | APPENDIX B, 8. Residency within Kentucky/Moving to Another Location Within Kentucky
An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 30 days before trial.
After indictment in circuit court, and no later than 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 3 | III. Procedure
A CR 78(2) motion may routinely be granted ten days after filing if no response is filed.
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless a response is filed.
Page 10 | RULE 2.08 Expediting Court Business
If the parties cannot agree on virtual attendance, either party may file a motion for the Court to hear before the hearing for which virtual attendance is requested.
In the event the parties are unable to agree on participation by virtual attendance, either party may file an appropriate Motion to be heard by the Court prior to the hearing date in which virtual attendance is requested.
Page 11 | RULE 2.09 Multimedia Courtroom practice and Virtual Attendance
Attorneys are discouraged from moving to assign for trial before the pleadings are closed and discovery completed. A motion to assign trial dates should not be filed until the moving party has completed discovery.
Attorneys are discouraged from moving to assign for trial before the pleadings are closed and discovery completed. A motion to assign trial dates should not be filed until the moving party has completed discovery.
Page 5 | Rule 204. Assignment of Jury Trials
Last-minute diversion applications should be avoided because they may delay the scheduled trial.
[Last minute filing of an application for diversion may cause delay in the scheduled trial of a case and should be avoided
Criminal cases
Page 3 | III. Procedure
Service and Proof of Service Rules
In dissolution of marriage actions, the parties must exchange Preliminary Verified Disclosure Statements at least seven calendar days before the case management conference.
In Dissolution of Marriage actions only, the Preliminary Verified Disclosure Statements (AOC-239) shall be exchanged with a copy provided to the Court Staff at least seven (7) calendar days prior to the date scheduled for the Case Management Conference.
Page 5 | RULE 2.01 Case Management Conferences
A Family Court post-judgment-relief motion filed more than six months after the final order must be served on the opposing party and any attorney of record.
Motions for post judgment relief in the Daviess Family Court filed more than six (6) months after final order shall be served on the opposing party as well as any attorney of record.
Page 10 | RULE 2.07 Deadline for Serving and Filing Motions
Notice of motions regarding active dependency, neglect, and abuse issues must be provided to all parties, counsel of record, and the County Attorney.
Any Motions regarding active dependency, neglect and abuse issues shall be filed seven (7) days prior to the scheduled hearing date; and notice shall be provided to all parties, counsel of record, and the County Attorney.
Page 13 | Rule 5.03 Motion Filing in Active Actions
When a case is transferred, the Emergency Protective Order remains in effect and the transferring court must reissue an unserved summons for up to 14 days, or as the court determines necessary to protect the petitioner; the receiving court reissues it as needed.
When a case is transferred to another court, the Emergency Protective Order shall remain in effect, and the summons shall be reissued by the transferring court 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 receiving the transfer.
Page 22 | Appendix 3
The clerk must give the petitioner copies of all documents and arrange for law enforcement to serve the respondent, either by notifying law enforcement or giving the petitioner an extra copy for that purpose.
The Daviess Circuit Court Clerk shall give copies of all documents to the Petitioner and shall notify law enforcement to serve Respondent or shall provide Petitioner an extra copy to be given to the law enforcement agency who will serve the Respondent.
Page 23 | II. Twenty-four Hour Accessibility
If upon review, the Daviess Circuit Court Clerk's Office finds the case should be assigned to a different Division, the Daviess Circuit Court Clerk's Office shall, if practicable, cause an amended notice of hearing to be sent to the parties. If sending an amended notice of hearing is not possible, the Daviess Circuit Court Clerk's Office shall notify the sitting Judge of the pre-existing or pending case
If upon review, the Daviess Circuit Court Clerk's Office finds the case should be assigned to a different Division, the Daviess Circuit Court Clerk's Office shall, if practicable, cause an amended notice of hearing to be sent to the parties. If sending an amended notice of hearing is not possible, the Daviess Circuit Court Clerk's Office shall notify the sitting Judge of the pre-existing or pending case
Page 23 | II. Twenty-four Hour Accessibility
Motions for contempt must be served on the Respondent at least five days before the scheduled hearing.
Motions for Contempt shall be served upon the Respondent no less than five (5) days before the scheduled hearing.
Page 25 | III. Contempt Proceedings
If the 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 pursuant to LR 205 below.
Page 3 | 106. APPEARANCES AND SUBSTITUTIONS
Written motions, other than those that may be heard ex parte, shall be served at least five (5) days before the time specified for hearing unless a different
Written motions, other than those that may be heard ex parte, shall be served at least five (5) days before the time specified for hearing unless a different
Page 4 | 202. MOTIONS AND MOTION DOCKET
Copies of photographs and documentary evidence intended to support or oppose a motion must be served on opposing counsel in the manner referenced in subsection (f).
Copies of all photographs and documentary evidence which the movant or the opposing party intends to submit or rely on in support of or opposition to the motion shall also be served on opposing counsel in the manner provided in (f) above.
Page 5 | Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
The Clerk must serve the order or judgment on everyone identified in its distribution list.
The Clerk shall serve the order or judgment upon everyone in the distribution list on the order or judgment.
Page 6 | Rule 205. Orders and Judgments
Notice of a Circuit Court petition for immediate entitlement to custody must be served on all parties involved in the related juvenile case, including parents, temporary custodians, attorneys of record, and the Cabinet.
All Petitions for Immediate Entitlement to Custody, pursuant to K.R.S. 620.110 and filed in Circuit Court shall list and serve notice upon all parties that are involved with the District Court Juvenile Dependency, Neglect, and Abuse case, including, but not limited to: all parents, temporary custodians, attorneys of record and the Cabinet.
Page 7 | 503. PETITIONS FOR IMMEDIATE ENTITLEMENT TO CUSTODY (K.R.S. 620.110)
A parent intending to move with a child in a way that would materially affect the child, or to another state, must give the other parent written notice at least 60 days before the move.
If either parent intends to move with the child(ren) to another location which would materially affect the child or to another state, he or she shall give written notice to the other parent at least 60 days prior to such move.
Page 8 | 507. ADDITIONAL CUSTODY/TIME SHARING MATTERS
however, a Case Management Conference shall not be conducted, except in the discretion of the Commissioner, until the Preliminary Verified Disclosure Statements have been exchanged as required under FCRPP 2(3).
however, a Case Management Conference shall not be conducted, except in the discretion of the Commissioner, until the Preliminary Verified Disclosure Statements have been exchanged as required under FCRPP 2(3).
Page 8 | 505. SETTING HEARINGS BEFORE THE DOMESTIC RELATIONS COMMISSIONER
Pendente lite motions must be served on the opposing party at least seven days before the hearing unless the parties agree otherwise.
Any pendente lite motions shall be served on the opposing party seven (7) days in advance and set for a hearing before the court unless otherwise agreed by the parties.
Page 8 | 504. MOTIONS
Documentation for a motion to modify support must be served on the opposing party seven days before the hearing unless the parties agree otherwise.
In addition to the requirements set forth in FCRPP 5 and FCRPP 9 concerning Motions to Modify Support, all such documentation shall be served upon the opposing party seven (7) days in advance before the hearing before the court, unless otherwise agreed to between the parties, to allow the opposing party to comply with FCRPP 9.
Page 8 | 504. MOTIONS
When a case is transferred, the emergency protective order continues and the transferring court must reissue the summons if service has not been made, for up to fourteen days or as the court determines necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.
Consistent with FCRPP 12, when a case is transferred to another court, the emergency protective order shall continue and the summons shall be reissued by the transferring court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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 receiving the transfer.
Page 10 | APPENDIX A, I. Uniform Protocol for Processing Cases
The signing Judge must ensure that the Petitioner and the law enforcement agency serving the Respondent receive copies of the forms.
The signing Judge shall see that copies of the forms are provided to the Petitioner and to the law enforcement agency who will be serving Respondent.
Page 11 | Domestic Violence Protocol
The Juvenile Clerk must give the Petitioner copies and arrange for law enforcement to serve the Respondent, either by notifying law enforcement or providing the Petitioner an extra copy for the agency.
The Juvenile Clerk shall give copies of all documents to the Petitioner and shall notify law enforcement to serve Respondent or shall provide Petitioner an extra copy to be given to the law enforcement agency who will serve the Respondent.
Page 11 | Domestic Violence Protocol
A Motion for Contempt must be served on the Respondent at least five days before the scheduled hearing.
Motions for Contempt shall be served upon the Respondent no less than five (5) days before the scheduled hearing.
Page 12 | III. Contempt Proceedings
A parent intending to make a covered move must provide written notice to the other parent.
he or she shall provide written notice to the other parent
Page 14 | APPENDIX B, 8. Residency within Kentucky/Moving to Another Location Within Kentucky
For a motion served only by U.S. Mail, the parties should allow three additional days.
Pursuant to the applicable Kentucky Rules of Civil Procedure, the parties should allow three (3) additional days for any motion served by the U.S. Mail only.
Page 10 | RULE 2.07 Deadline for Serving and Filing Motions
If upon review, the Juvenile Clerk finds the case should be assigned to a different Division or Circuit, pursuant to RDDC 104D(3), the Juvenile Clerk shall, if practicable, cause an amended notice of hearing to be sent to the parties.
If upon review, the Juvenile Clerk finds the case should be assigned to a different Division or Circuit, pursuant to RDDC 104D(3), the Juvenile Clerk shall, if practicable, cause an amended notice of hearing to be sent to the parties.
Page 11 | Domestic Violence Protocol
Sealing & Redaction Procedures
The Circuit Court file for an immediate entitlement petition and the District Court Juvenile file provided to the assigned Circuit Judge must be kept under seal.
The Circuit Court file created for the Immediate Entitlement Petition shall be kept under seal, and the clerk shall provide the District Court Juvenile file under seal to the assigned Circuit Judge.
Page 7 | 503. PETITIONS FOR IMMEDIATE ENTITLEMENT TO CUSTODY (K.R.S. 620.110)
When personal identifiers are required or appear in covered filings, parties must file a redacted copy and a marked, sealed unredacted copy; access to the sealed copy is restricted.
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(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 to be accessed only by an attorney of record in the case, a judge of the court or other authorized court personnel. Otherwise, access to the sealed documents shall be by specific court order only.
Page 9 | RULE 6. MISCELLANEOUS RULES RELATING TO FAMILY LAW PRACTICE, 601. PERSONAL IDENTIFIERS
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted, and access is governed by the cited statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those filed shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 9 | RULE 6. MISCELLANEOUS RULES RELATING TO FAMILY LAW PRACTICE, 601. PERSONAL IDENTIFIERS
Filing Bundling Requirements
Motions for temporary child support and maintenance may be combined in the same pleading.
Any motions for temporary child support and maintenance, as referenced in FCRPP 5 and 9 may be combined in the same pleading.
Page 8 | 504. MOTIONS
Adjournment & Extension Requirements
If the parties, attorneys, or Court Staff determine that competent participation in the conference will not be possible, they must cancel and reschedule it as soon as possible.
If, in preparation for the conference, the parties, attorneys, or Court Staff determine it will not be possible to competently participate in the conference, they shall cancel and reschedule the conference as soon as possible and a Notice of Cancellation or Re-Notice shall be filed with the Courts.
Page 7
Failure to follow the conference procedures may result in rescheduling or sanctions, and cancellation, delay, or rescheduling without cause may also result in sanctions.
Failure to comply with the above-referenced procedures, may result in rescheduling the Case Management Conference or sanctions against a party or attorney. Cancellation, delay, or rescheduling of a Case Management Conference without cause, may result in sanctions.
Page 7
Failure to respond may be grounds for sustaining a motion, but the response deadline may be extended for good cause shown.
Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
Page 5 | Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
If an amended hearing notice cannot be sent, the Juvenile Clerk must notify the sitting Judge on the originally scheduled hearing date, and the Judge may transfer the case and reset the hearing in the interests of justice.
If sending an amended notice of hearing is not possible, on the date of the hearing as originally set by the on-call Judge, the Juvenile Clerk shall notify the sitting Judge of the pre-existing or pending case and the sitting Judge may choose to transfer the case and reset the hearing if it serves the interests of justice to do so.
Page 11 | Domestic Violence Protocol
The Judge may continue the hearing for lack of service or other good cause and re-issue the EPO if necessary.
For lack of service or other good cause, the Judge may continue the hearing and re-issue the EPO, if necessary.
Page 12 | Domestic Violence Protocol
The Judge may reset the hearing to allow the Public Defender to appear or the Respondent to obtain counsel.
The Judge may reset the hearing for the appearance of the Public Defender or for Respondent to obtain counsel.
Page 12 | III. Contempt Proceedings
Chambers Communication Rules
After discovery is complete and FCRPP 40 is satisfied, either party’s attorney must contact Family Court Staff to schedule a case management conference.
At any time after discovery is complete and in compliance with FCRPP 40, the attorney for either party shall contact the Family Court Staff to schedule a case management conference.
Page 5 | RULE 2.01 Case Management Conferences
Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.
Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.
Page 7
To cancel or reset a hearing, the party or counsel must contact both the Circuit Court Clerk's Office and appropriate Family Court staff.
If a hearing needs to be cancelled and/or reset, party/counsel shall contact both the Daviess Circuit Court Clerk's Office and the appropriate Daviess Family Court staff to cancel and/or reset the matter
Page 9 | RULE 2.04 Scheduling
Unless the Court orders otherwise, when the parties agree to virtual attendance, the requesting party must contact the division’s Judicial Support Specialist at least 24 hours before the hearing to obtain an attendance link.
Unless otherwise Ordered by the Court, if party/counsel/witness desires to appear virtually and the parties to the action agree on such virtual attendance, the party requesting virtual attendance shall contact the Judicial Support Specialist corresponding with the Division twenty-four (24) hours in advance of the scheduled hearing to obtain a link for virtual attendance.
Page 11 | RULE 2.09 Multimedia Courtroom practice and Virtual Attendance
An attorney seeking a hearing time must call the clerk’s office to find an available time, notify the clerk of the requested half-hour, and include that time in the notice to opposing counsel.
An attorney desiring a time for hearing shall call the clerk's office to determine an available time. He will then notify the clerk of the half hour on which he wants to be heard and shall include the designated time in the notice to opposing counsel.
Page 4 | 202. MOTIONS AND MOTION DOCKET
A moving party who learns a hearing is no longer necessary must immediately notify opposing counsel and the assigned deputy clerk so the matter can be removed from the docket.
Any moving party who learns that a hearing is no longer necessary, shall immediately notify opposing counsel and the deputy clerk assigned to the appropriate division so that the matter may be removed from the docket;
Page 5 | Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
A motion hearing that cannot be completed within 30 minutes must be scheduled for a special time through the Commissioner's office.
If not, then the matter will be scheduled for a special time through the Commissioner's office.
Page 8 | 505. SETTING HEARINGS BEFORE THE DOMESTIC RELATIONS COMMISSIONER
Motion hearings that can be completed within 30 minutes must be scheduled through the clerk's office.
All hearings for motions of any kind will be scheduled through the clerk's office in the event that the matter can be heard within 30 minutes.
Page 8 | 505. SETTING HEARINGS BEFORE THE DOMESTIC RELATIONS COMMISSIONER
A party seeking a final hearing date must coordinate with opposing counsel and schedule a Case Management Conference through the Commissioner's Office at the Judicial Center.
A party seeking a final hearing date shall coordinate with opposing counsel and schedule a Case Management Conference in accordance with FCRPP 2(6) through the Commissioner's Office at the Judicial Center;
Page 8 | 505. SETTING HEARINGS BEFORE THE DOMESTIC RELATIONS COMMISSIONER
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 change.
Page 10 | RULE 2.07 Deadline for Serving and Filing Motions
A party or counsel using courtroom multimedia is responsible for its function and support and must contact the division’s Judicial Support Administrative Specialist before the hearing to schedule a technology check.
If party/counsel will be utilizing multimedia in the Courtroom, party/counsel shall be responsible for the technological function and support of the device. Please contact the Judicial Support Administrative Specialist corresponding with the Division prior to the hearing in order to schedule a time to ensure the electronics work properly.
Page 11 | RULE 2.09 Multimedia Courtroom practice and Virtual Attendance
Attorneys must promptly inform the court of any partial or complete settlement, or of the 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 of the continuance of any matter set for hearing or trial.
Page 4 | 108. PUNCTUALITY, EXPEDITION AND SETTLEMENT
An attorney must promptly notify the court and all other counsel of circumstances requiring the attorney’s absence or tardiness.
Attorneys shall be punctual in all court appearances and shall give prompt notice to the court and to all other counsel in the case, of any circumstances requiring his absence or tardiness.
Page 4 | 108. PUNCTUALITY, EXPEDITION AND SETTLEMENT
In Division I, hearings estimated to last over 30 minutes may be scheduled by calling the Judge’s office and generally will be set at 1:30 on the first available afternoon.
Hearings estimated to last more than 30 minutes may be set by calling the Judge's office. These will generally be set at 1:30 on the first available afternoon.
Page 4 | 202. MOTIONS AND MOTION DOCKET — DIVISION I: Civil
In Division II, hearings estimated to last over 30 minutes may be scheduled by calling the Judge’s office.
Hearings estimated to last more than 30 minutes may be set by calling the Judge's office.
Page 4 | 202. MOTIONS AND MOTION DOCKET — DIVISION II: Civil
For hardship, emergency, or an anticipated lengthy or complicated hearing, a motion, objection, or exception may be set outside the weekly motion day only after consulting the Judge and opposing counsel about a mutually convenient time.
In the event of hardship, emergency, or anticipated lengthy or complicated hearing, motions, objections and exceptions may be set at a time other than the weekly motion day, but only after consultation with the Judge and opposing counsel as to a time convenient with everyone.
Page 4 | 202. MOTIONS AND MOTION DOCKET
An attorney wishing to set a case for jury trial may contact the Clerk to obtain a listing of motion dates.
Any attorney wishing to set a case for jury trial may contact the Clerk for a listing of motion dates.
Page 5 | Rule 204. Assignment of Jury Trials