Edmonson County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- An unserved EPO/TIPO may be continued for no more than six months and expires after six months if the respondent has not been served and the court has not withdrawn it.
- The order expires when the required hearing concludes unless a subsequent court order continues or withdraws it.
- When the parties waive the 45-day requirement or agree to continue a temporary custody order beyond 45 days, they must agree in writing and state specific reasons why the waiver or continuance is necessary, such as to serve the child's best interests, present evidence or witnesses, protect a party's rights, or for other good cause.
- +1 more
Request must include
Document Format Requirements15 rules
No motion shall be docketed unless filed in writing with the clerk.
All motions, pleadings, and orders shall be typewritten, and shall be double spaced, except legal descriptions of real property, or citations from statutes, codes, cases or other legal publications. All motions, pleadings, and orders in excess of one (1) page shall have numbered pages.
- Line spacing
- Double
- Motion
- Pleading
- Order
Formatting
- •Documents in excess of one page must have numbered pages
Exception
Legal descriptions of real property, or citations from statutes, codes, cases or other legal publications
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
Exhibits to be introduced which shall be pre-marked for identification;
(AOC 152 shall also be used if child support is ordered.)
Ensure entries in boxes are complete and legible. Without correct information in each box, order MAY NOT be entered into LINK
When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted.
If you need to list additional locations, please attach separate sheet of paper.
If you need to list additional names, please attach separate sheet of paper.
Ensure entries in boxes are complete and legible. Without correct information in each box, Order MAY NOT be entered into LINK.
Ensure entries in boxes are complete and legible. Without correct information in each box, order MAY NOT be entered into UNK
Ensure entries in boxes are complete and legible. Without correct information in each box, Order MAY NOT be entered into LINK.
The parties are strongly encouraged to use the form order in Appendix A-10 for an agreed scheduling order.
Court's wording
The parties are strongly encouraged to enter into an Agreed Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation, using the form Order set out in Appendix A-10, and filing same with the court;
Ensure all information in BOXES is complete and legible. Without correct information in each box, summons may not be entered into LINK.
Ensure all information in BOXES is complete and legible. Without correct information in each box, summons may not be entered into LINK.
Document Filing Requirements156 rules
Protective-order petitions must be completed and signed on form AOC-275.1 and accepted and filed with the court.
Court's wording
All petitions requested, completed, and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Thereafter, pleadings, motions, orders, and all papers in the case shall identify the division in which they are to be filed.
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, using substantially the prescribed notice.
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 notice shall be substantially in the following form: 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 .
Each motion shall bear a heading designating the relief sought in the motion and on whose behalf the motion is filed. Each motion shall specify the action of the Court requested by the movant and the subject matter thereof.
Cases from federal or foreign jurisdictions cited in motions or memoranda in support shall be attached .
Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .
When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted.
The moving party shall attach to the motion a Certificate of Counsel that counsel have conferred and that they have been unable to resolve their differences. The certificate should detail the attempts of counsel to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the requested attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.
Each attorney-fee motion must include counsel’s affidavit detailing the services, service providers, hours, total hours, and suggested hourly compensation.
Court's wording
All motions for an attorney's fee shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the person rendering the service (if paralegal or someone other than counsel of record), and number of hours (or fractions thereof) rendered by each person for service rendered on each date. The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth.
The affidavit must also disclose the statute or other authority in support of the requested award of an attorney's fee.
A default-judgment motion involving a liquidated amount must include a certificate addressing service, the original obligation, payments and statutory deductions, the balance due, and any difference from the amount sought.
Court's wording
All motions for Default Judgment in claims involving a liquidated amount shall be accompanied by a Default Judgment Certificate as follows : DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: 1) No papers have been served on plaintiff's counsel by the defendant(s) in default. 2) Defendant(s) were served on 3) The balance due the plaintiff is as follows: a) The amount of the original obligation is $ b) The amount paid by defendant(s) to be deducted from the original obligation is $ c) If the obligation contains pre-computed interest, and other pre- computed charges, the amount to be deducted by statute is d) The balance due from defendant(s) is $ e) If the balance due on line "d" above is different from the amount sought in the Default Judgment, the reason is:
If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.
The order shall contain a short statement of the grounds for its issuance .
When answering interrogatories or request for admissions, or in filing objections, the replying party shall include the question or the request made immediately preceding the answer or objection.
(A) A motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed .
If the case which is settled has been scheduled for trial, then the order entered dismissing the case as settled shall state when the case is set for trial and that said trial date is remanded from the court's docket.
If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .
A motion to withdraw must satisfy one of the stated requirements for client consent and substitute counsel, or notice to the client and good cause with court consent.
Court's wording
An attorney of record shall move for permission to withdraw as counsel for a party only (i) upon the attorney's written request with the written consent of the attorney's client and the entry of appearance of a substitute attorney of record, or (ii) upon the attorney's written request with notice to the client and a showing of good cause with the consent of the court and upon such terms as the court shall impose .
A coverage request must be in writing, addressed to the presiding judge, filed with the court administrator, and specify whether it covers the entire proceeding or selected portions.
Court's wording
Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof. Requests for coverage shall be in writing, addressed to the presiding judge, and filed with the court administrator in the Warren County Justice Center.
The mediator must report the mediation’s status and whether an agreement was reached; with the parties’ consent, the mediator may also identify matters that could facilitate settlement.
Court's wording
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
A mediation agreement must be written and signed by the parties; the parties draft it, though the mediator may help with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
The commonwealth's attorney shall make a motion to the court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the court regarding how the exhibits can be disposed .
After the time period has expired, all exhibits shall be delivered to the commonwealth's attorney who shall review the exhibits and make a motion to the court as to which exhibits shall be declared contraband and which exhibits shall be declared forfeited under the applicable statutes .
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree oil the record, that in the event diversion is -ranted, any right to a speedy trial or disposition of the charge against him/her is waived .
3) Duration of the diversion .
The diversion order must direct the defendant not to commit an offense during diversion and to comply with other applicable statutory provisions or conditions the Court deems appropriate.
Court's wording
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.
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2).
The Order of Diversion shall include : 1) Restitution. if applicable .
2) Whether the diversion shall be supervised or unsupervised (and include supervision fees. if applicable).
When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion, as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).
4) Require defendant to obey all rules and regulations imposed by Probation and Parole .
The judge reviewing a petition for an order of protection shall indicate in the ¿Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter
Entries in the form's boxes must be complete, accurate, and legible.
Court's wording
ENSURE ENTRIES IN BOXES ARE COMPLETE, ACCURATE AND LEGIBLE TO ALLOW PROMPT ENTRY INTO LINK IF ORDER OR SUMMONS ISSUES, AND TO ENABLE THE COURT TO OBTAIN RESPONDENT'S DOMESTIC VIOLENCE AND CRIMINAL HISTORY.
* If additional space is needed please use a separate sheet of paper and attach to the Petition/Motion.
*Must be signed by circuit clerk or other individual authorized by Court to provide and verify emergency petitions.
If you and the Petitioner have children, you must produce at the court appearance income tax returns, pay stubs, or employer statements to document your income in the event temporary child support is ordered. If you are self-employed, you must produce receipts and expense statements.
(AOC 152 shall also be used if child support is ordered.)
The style and heading of all pleadings filed in Family Court shall be in accordance with the following, as applicable:
Specify in the style and heading of the pleading "This Motion Does Not Require An Evidentiary Hearingi
All motions requiring an evidentiary hearing shall state the length of time anticipated for the hearing.
Each motion shall include the legal grounds and authority for the requested hearing.
A separate Scheduling Order must be tendered to the appropriate Clerk, who will schedule the hearing or request immediate review under the Domestic Violence Protocol.
Court's wording
A separate Scheduling Order shall be tendered to the appropriate Clerk who shall complete the Order by scheduling the motion for hearing according to the calendar established by the Family Court Judge or request immediate review by the Court in accordance with the Domestic Violence Protocol.
Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
The Judgment of Termination of Parental Rights shall include only the name of the child.
Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Warren Circuit Clerk
If the Court requires revisions, the Petitioner must tender revised findings and a separate judgment within three business days after the Final Hearing.
Court's wording
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
The summons must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.
Court's wording
The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.
The petition shall be in strict compliance with KRS 199.490, 625.040 or 625.050, and counsel is directed to review said statutes to ensure that all mandatory allegations are properly asserted.
In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.
Counsel must tender an order for FCRPP 36 review hearings in the related juvenile proceeding unless permanency has already been obtained at final determination.
Court's wording
If an Order terminating parental rights is entered, review hearings shall be conducted pursuant to FCRPP 36 in the related juvenile proceeding, and counsel in the termination action shall tender an Order to the Court to this effect. No such review shall be required if permanency has been obtained at the time of the final determination.
A motion for compensation must include an affidavit stating the appointment basis, hours and fee, and disposition information.
Court's wording
Motions for compensation shall be accompanied by an affidavit detailing: The statutory basis for appointment; The hours of service rendered and the hourly fee requested; and That the action or proceeding has been concluded and date of disposition.
Filing & Service rules
Electronic Filing Rules
Documents intended for filing must be filed at the Warren Circuit Court Clerk’s office; documents mailed directly to the judge’s chambers are not properly filed and may be returned or discarded.
All documents intended for filing shall be filed at the Warren Circuit Court Clerk's office. Documents mailed directly to the Judge's chambers shall not be considered properly filed and will be returned to sender or discarded.
Page 6 | RULE 1 INTRODUCTION/ADMINISTRATIVE PROCEDURE
Filing Timing and Cure Windows
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be revicwed within an hour of presentation to a judge unless impossible duc to no judge being available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be revicwed within an hour of presentation to a judge unless impossible duc to no judge being available.
Page 2 | Uniform Protocol for Handling Cases
EPO and TIPO requests may be filed at the Edmonson County 911 dispatch office after regular business hours and during weekends.
After the regular business and during the weekends, requests for an EPO or a TIPO may be filed at the Edmonson County 911 dispatch office located at: Edmonson County 911 Dispatch 247 Mohawk Street Brownsville, Kentucky 42210 PHONE 270-597-2729
Page 3 | Twenty-four Hour Accessibility
EPO and TIPO petitions may be filed with the Edmonson County Circuit Court Clerk during regular business hours, Monday through Friday from 8:00 a.m. to 4:00 p.m.
During regular business hours (8:00 a.m.- 4:00 p.m. Monday thru Friday) a verificd petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) may be filed at the Office of the Edmonson County Circuit Court Clerk located at: Edmonson County Courthouse 110 West Main Cross Street Brownsville, Kentucky 42210 (270) 597-2584
Page 3 | Twenty-four Hour Accessibility
A motion for a motion day must be filed with the clerk and opposing parties notified by the clerk's closing time on the preceding Wednesday.
Each motion to be heard on a motion day shall be filed with the clerk and opposing parties, notified no later than closing time of the clerk's office on the Wednesday immediately preceding the motion day on which the motion is to be heard.
Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
A coverage request must be filed at least four business days before the proceeding begins.
Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof.
Page 18 | RULE 1100. ELECTRONIC MEDIA AND STILL PHOTOGRAPHY COVERAGE OF JUDICIAL PROCEEDINGS
A statement of objections and its grounds must be filed at least three business days before the proceeding begins.
A statement of objections to the coverage requested, together with the grounds therefor, shall be filed not later than three (3) business days prior to the commencement of the proceeding sought to be covered.
Page 19
An untimely coverage request cannot delay the proceeding, and no request filed after the proceeding begins will be considered.
Under no circumstances will the proceeding be delayed to accommodate an untimely request, nor will any request be considered if filed after the proceeding has commenced .
Page 19 | Rule 1103. RULINGS ON REQUESTS FOR COVERAGE
An eligible person may apply for a pretrial diversion order after indictment, but no later than 15 days before trial.
After indictment in circuit court, and no later than fifteen (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Common- wealth for entry of a pretrial diversion order.
Page 31 | Procedure
Division IV reports for Monday dockets must be filed by the preceding Wednesday at 9 a.m.
Warren Circuit, Division IV: Reports must be filed by the preceding Wednesday at 9 a.m. for Monday dockets
Page 9 | Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
Division III reports for a Tuesday docket must be filed by the preceding Thursday at 9 a.m.
the preceding Thursday by 9 a.m. for a Tuesday docket;
Page 9 | Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
Division III reports for a Monday docket must be filed by the preceding Wednesday at 1 p.m.
Warren Circuit, Division III: Reports must be filed by the preceding Wednesday at 1 p.m. for a Monday docket
Page 9 | Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
Division IV reports for Wednesday dockets must be filed by the preceding Friday at 9 a.m.
the preceding Friday at 9 a.m. for Wednesday Docket.
Page 9 | Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
Page 10 | 305 Involuntary Termination of Parental Rights.
The Guardian ad Litem fee Motion and Affidavit must be filed at the final hearing or before entry of final judgment.
Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
Page 10 | 304 Guardian ad Litem.
If revisions are required, revised findings and a separate judgment must be tendered within three business days after the Final Hearing.
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
Page 10 | 303 Judgment and Findings of Fact.
The Petitioner must tender the required proposed findings and separate judgment at least three business days before the Final Hearing.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
Page 10 | 303 Judgment and Findings of Fact.
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Page 11 | 307 Guardian ad Litem/Court-Appointed Counsel in Post-Judgment Matters
Covered motions must be noticed for a hearing scheduled at least 20 days after the motion’s certification date.
Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss shall be noticed for a hearing scheduled at least twenty (20) days from the certification date on the motion.
Page 12 | 502 Motion Practice
The excerpt states that a request for hearing is filed within seven calendar days from the date in the certificate of service.
and request for hearing is filed within seven (7) calendar days from the date contained in the certificate of service.
Page 13 | RULE 5 PATERNITY
A petition for review of an administrative order may not be filed in Warren Family Court until all administrative remedies are exhausted.
No Petition for Review of an administrative order shall be filed in Warren Family Court until all administrative remedies have been exhausted.
Page 13 | 504 Administrative Establishment of Child Support
Roster members must submit a written letter of intent to continue on the roster by August 1 each year.
By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster.
Page 16 | 4. Annual Recommitment to the Guardian ad Litem/Court-Appointed Counsel List
Certificates of completion must be filed before the divorce proceeding concludes.
The parties shall file their certificates of completion prior to the conclusion of the divorce proceeding.
Page 18 | 702 Parents Education Clinic, Procedure and Failure to Attend
For the stated attorney-fee procedure, the moving party must request compliance in writing, and the noncompliant party has 10 business days from the request date to file the preliminary statement or acknowledgment.
Thereafter, the moving party provides the noncompliant party with a written request to file a Preliminary Verified Disclosure Statement or Preliminary Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;
Page 21 | C. Contested Actions; 2. Verified Disclosure Statements
The opposing party has fourteen days to file an objection and schedule a motion to dissolve or amend a Status Quo Order.
The opposing party shall have fourteen (14) days to file an objection and schedule a motion to dissolve or amend the "Status Quo Order."
Page 21 | C. Contested Actions; I. Status Quo Orders
Subject to WFCR 703C.(2)(e), when the parties do not agree on any or all issues, they must file the final verified disclosure statements no less than 10 days before the final hearing.
Subject to WFCR 703C.(2)(e), if the parties do not reach an Verified Disclosure Statements in the record no less than 10 days agreement on any or all issues, the parties shall file AOC-239 Final before the final hearing.
Page 22 | C. Contested Actions; 2. Verified Disclosure Statements
For the stated attorney-fee procedure, the moving party must request compliance in writing, and the noncompliant party has 10 business days from the request date to file the final statement or acknowledgment.
Thereafter, the moving party provides the noncompliant party with a written request to file a Final Verified Disclosure Statement or Final Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;
Page 22 | C. Contested Actions; 2. Verified Disclosure Statements
A scheduling order must be entered in every case within 60 days after service of the petition on the respondent.
A Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation shall be entered in every case within 60 days following service of the petition upon respondent;
Page 23 | Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation
Each party must file the specified pretrial conference documents at least seven days before the conference.
Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference
Page 24 | Pretrial Conference
The petitioner and respondent must file a Pretrial Compliance at least 30 days before trial unless the parties agree otherwise or the Court orders otherwise.
At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following:
Page 24 | Pretrial Compliance
Within 60 days of appointment, the Guardian ad Litem or military attorney must file an answer on the Respondent’s behalf or a report.
. 1. Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf case that the Respondent is unable to present a defense if applicable in that of the Respondent or a report stating that after careful examination of the
Page 26 | Guardians ad Litem and Military Attorneys
The court will sign the order if no objection is made within seven calendar days.
The Order will be signed if there is no objection within seven (7) calendar days.
Page 26 | Subpoenas for Medical Records and Psychiatric or Other Privileged Records
Within 60 days of appointment, the military attorney must file either an answer or a report explaining that no defense can be presented after careful examination.
Within sixty (60) days of the appointment, the military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case, the military attorney is unable to present a defense on behalf of the Respondent.
Page 27 | B. Proceedings Involving Members of the Military
The required mediation preparation documents must be provided to the mediator at least five days before the mediation conference.
Counsel for each party or a party, if unrepresented by counsel, shall no less than five (5) days prior to the mediation conferences, provide the mediator with the following documents:
Page 31 | B. Preparation Required for Property Mediation
The updated financial disclosure statement must be filed at least five days before the mediation conference.
Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.
Page 31 | B. Preparation Required for Property Mediation
The mediator must file the mediation outcome report immediately at the conclusion of mediation.
At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).
Page 32 | C. Duties of the Mediator
When an agreement or partial agreement is reached, a typed draft must be prepared and forwarded for review within five business days following the mediation conference.
In cases where agreement or partial agreement is reached as to any matter or issue, including legal or factual issues to be determined by the Court, the attorneys and/or parties unrepresented by counsel shall prepare a typed mediation conference and shall forward same to the opposing attorney or draft of the agreement within five (5) business days following the party unrepresented by counsel for review.
Page 33 | H. Completion of Mediation
The final agreement must be filed with the Court within ten business days unless the Court grants an extension.
A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.
Page 33 | H. Completion of Mediation
The checklist verifies that the petition was filed at least 72 hours after the child's birth.
J Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)
Page 41 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 44 | TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION PROTOCOL
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 44 | TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION PROTOCOL
If mediation fails, the parties must move the Court to set the matter for pretrial and trial within 10 days.
If mediation is unsuccessful, the parties shall, within 10 days of failed mediation, move the Court to set this matter for pre-trial and trial.
Page 66 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
Petitioner must identify experts in compliance with CR 26 by December 15, 2011.
Petitioner shall identify experts in compliance with CR 26 by December 15, 2011
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
Petitioner must identify any rebuttal experts in compliance with CR 26 by February 1, 2012.
Petitioner shall identify any rebuttal experts in compliance with CR 26 by February 1, 2012 .
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
All discovery, including expert depositions, must be completed by the stated March 2012 deadline.
All discovery, including discovery of experts by deposition, shall be completed by March L, 2012 .
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
Respondent must identify experts in compliance with CR 26 by January 15, 2012.
Respondent shall identify experts in compliance with CR 26 by January 15, 2012.
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
The parties must submit to mediation by the stated April 15 deadline.
The parties shall submit to mediation in an effort to resolve all permanent issues on or before 4pril 15,
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
Motions to amend the pleadings must be filed by October 15, 2011.
Motions to amend the pleadings shall be filed no later than October 15, 2011.
Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION
unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.
unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.
Page 72 | ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY CHILD SUPPORT
Respondent may file a motion for a hearing within a seven-day period.
Respondent may within a seven (7) day period file a motion for a hearing on this matter.
Page 74
A late coverage request will not be considered unless exceptional circumstances prevented timely filing and the parties consent.
Requests filed later than the time period provided will not be considered unless the presiding judge finds exceptional circumstances have prevented the filing of a timely request, and the parties consent to the coverage.
Page 19 | Rule 1103. RULINGS ON REQUESTS FOR COVERAGE
Motions requiring evidentiary hearings shall be filed at least three business days
Motions requiring evidentiary hearings shall be filed at least three business days
Page 8 | C. Motions Requiring An Evidentiary Hearing. "Scheduling Conference"
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 44 | TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION PROTOCOL
Service and Proof of Service Rules
Serve each motion on opposing counsel or an unrepresented party entitled to notice in accordance with CR 5.02; do not use the clerk's office mail slots.
Each motion shall be served on opposing counsel, or party not represented by counsel and entitled to notice, in conformance with CR 5 .02 . Service may not be accomplished by using the clerk's office mail slots .
Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
When setting a hearing on a CR 78(2) motion, the opposing party must provide proper notice to the movant and all counsel of record or any unrepresented party.
Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .
Page 10 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
An exhibit not already of record that is referred to in a filed pleading, motion, or other paper must be served on the opposing party.
If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.
Page 12 | Rule 407. EXHIBITS TO PLEADINGS AND MOTIONS
A contempt order may not be heard unless it has been served on the named person by an officer authorized to serve a summons.
(C) No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons.
Page 13 | RULE 500. PROCEDURES ON RULES OF CONTEMPT
After the motion and affidavit are filed, an order may issue ex parte, and the hearing may not occur sooner than five days after service unless otherwise ordered.
(B) When this motion and affidavit are filed, an order may be issued exparte, which shall not come on for hearing sooner than five (5) days from the date it is served, unless otherwise ordered .
Page 13 | RULE 500. PROCEDURES ON RULES OF CONTEMPT
Counsel for a deceased party must serve the statement of death on all parties pursuant to the Kentucky Rules of Civil Procedure.
If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .
Page 17 | RULE 900. DEATH OF A PARTY
If an EPO, TIPO, or summons is issued, law enforcement must make every reasonable effort to complete personal service on the Respondent immediately.
If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.
Page 4 | Twenty-four Hour Accessibility
The Respondent must not be notified by telephone before the actual EPO or TIPO is served.
Telephone notification shali not be given to the Respondent prior to the service of the actual EPO or TIPO.
Page 4 | Twenty-four Hour Accessibility
The respondent must be served with a copy containing a blacked-out portion together with the summons.
Respondent (copy with blacked-out portion served with summons)
Page 7 | PETITION/MOTION FOR ORDER OF PROTECTION
Copies are designated for the court file, petitioner, respondent, specified agencies, and—in applicable cases—the clerk in the county of the petitioner's usual residence.
Copies to: Court File Petitioner Respondent (copy with blacked-out portion served with summons) Local Department of Community Based Services, CHFS Court Clerk in County of Petitioner's usual residence, if different Law enforcement agency(ies) designated for service Law enforcement agency/dispatch responsible for LINK entry
Page 7 | PETITION/MOTION FOR ORDER OF PROTECTION
The party filing a motion must serve the motion and notice on the opposing party.
The party filing said motion shall be responsible for service of said motion and notice on the opposing party pursuant to CR 7.02 and 11.
Page 8 | 202 Process for Filing Motions and Notice; Motion Hour and Scheduling Conference
A party with military income must provide the documentation to the opposing party at least seven days before any hearing.
Any party who has income from any branch of the military shall provide to the opposing party documentation verifying his/her total pay, with each allowance specifically set forth, at least seven (7) days prior to any hearing.
Page 13 | RULE 5 PATERNITY
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.
Page 14 | Effect of Service on only one Parent/Person Exercising Custodial Control or Supervision
Subject to WFCR 703C.(2)(b), the parties must exchange preliminary verified disclosure statements within 45 days after the petition is filed.
Pursuant to FCRPP 2(3) and subject to WFCR 703C.(2)(b), AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged within forty-five (45) days of filing the petition, and objections thereto shall be exchanged twenty (20) days thereafter.
Page 21 | C. Contested Actions; 2. Verified Disclosure Statements
If a Status Quo Order is entered, the movant must personally serve the opposing party.
If a "Status Quo Order" is entered the movant shall be responsible for personal service upon the opposing party.
Page 21 | C. Contested Actions; I. Status Quo Orders
The information or documents provided by the other party must be transmitted simultaneously to the other counsel or pro se party at the requesting party's expense.
shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.
Page 23 | Exchange of Releases for Information and Documents
The requesting party must give all parties notice and an opportunity to object before a subpoena or release order for psychiatric or other privileged records is issued.
b. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.
Page 26 | Subpoenas for Medical Records and Psychiatric or Other Privileged Records
A party with military income must provide the opposing party documentation of total pay, itemizing each allowance, at least seven days before any hearing.
Any party who has income from any branch of the military shall provide documentation verifying their total pay, with each allowance specifically set forth, to the opposing party at least seven (7) days prior to any hearing.
Page 28 | 705 Child Custody, Child Support, Parenting Arrangements and Maintenance
The moving party must mail the appropriate AOC Form-152 Uniform Child Support Order for any child support order or modification.
It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.
Page 28 | 705 A. Uniform Child Support Order
Subject to FCRP 9, counsel must exchange relevant child-support and income information and documentation without a formal request and as soon as practical at any hearing where child support is at issue.
Subject to FCRP 9, at any hearing at which child support is at issue, counsel for each party, shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her client's income, any health insurance expenses covering only the children, any maintenance payments, any prior born child support payments, and any work-related child care expenses. Appropriate income information shall include but not necessarily be limited to: (1) copies of individual and business, state and federal income tax returs with all schedules and attachments for the three previous
Page 28 | 705 C. Motions for Child Support
When maintenance is at issue at a hearing, counsel must exchange financial information and supporting documents without a formal request as soon as practical, including the listed income, expense, and other hearing-related materials.
At any hearing at which maintenance is at issue, counsel for each party shall without formal request and as soon as practical, exchange all or her client's income and living expenses. necessary information and documentation pertaining to his information shall include, but not necessarily be limited to: (1) copies of Appropriate income all schedules and attachments for the three previous calendar years; (2) their individual and business, state and federal income tax returns with copies of their four most recent pay statements showing cumulative yearly income or, if self-employed, proof of year-to-date income and expenses; and (3) documents pertaining to gross income from sources other than earnings, including case compensation, inheritance, disability, unemployment benefits, dividends, sums from any source, e.g. workers settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (4) documentation evidencing net income from s net income froy sources other than earnings including cash sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, Sal etc.; (5) a list of monthly living expenses; (6) Verified Disclosure Statement, if not already filed with the Court; and (7) any other documents the parties would expect to introduce at a hearing regarding these issues.
Page 30 | Domestic Relations Practice
The Clerk’s Office must mail copies of all orders to attorneys of record or unrepresented parties and to the mediator.
Copies of all orders shall be mailed by the Clerk's Office to the attorneys of record or parties, if unrepresented, and to the mediator.
Page 31 | Property Mediation
If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.
If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.
Page 33 | Counsel
A written motion requesting an order for confidential video records must be accompanied by notice to all parties, including any child’s Guardian ad Litem.
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 of the request.
Page 34 | 904 Requests for Confidential Video Records
The checklist calls for confirming that all parties have been properly served.
• • Have all the patties been properly served? KRS 199.480(2)
Page 37 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
If an EPO or TIPO or summons is issued, law enforcement must make every reasonable effort to immediately complete personal service on the Respondent.
If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.
Page 46 | Twenty-four Hour Accessibility
The Respondent must not be notified by telephone before the actual EPO or TIPO is served.
Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.
Page 46 | Twenty-four Hour Accessibility
The respondent must be served with a copy that has the specified portion blacked out, together with the summons.
Respondent (copy with blacked-out portlon served with summons)
Page 49 | Copies to
The contempt order form specifies service by the Warren County Sheriff on the petitioner or respondent.
SERVE BY: Warren County Sheriff Petitioner/Respondent Address of Petitioner/Respondent
Page 68 | RULE OF CONTEMPT REQUIRING (PETITIONER/RESPONDENT) TO APPEAR AND SHOW CAUSE: SETTING CONTEMPT HEARING
The Sheriff must personally deliver the Order to the Petitioner/Respondent and return proof of service to the Court.
The Warren County Sheriff's office shall cause a copy of this Order to be served upon the Petitioner/Respondent by personally delivering same to him/her and shall make due return the Court evidencing such service.
Page 69
The order and movant's affidavit must be served on the adverse party for the seven-day period before the order becomes effective to run.
the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party
Page 72 | ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY CHILD SUPPORT
Cabinet reports may be served on counsel of record by email if accompanied by proper certification.
Cabinet for Health and Family Services' Reports may be served upon counsel of record by e-mail with proper certification such as: "This report was sent by facsimile or e-mail to _, with the signature of the Cabinet for Health and Family Services — attorney for casework."
Page 9 | Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.
If the second parent or a person exercising custodial control or supervision was not served before the hearing but is later notified, the court will hear the matter and give preference to statutory custody-entitlement actions.
If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing, but is subsequently notified of the proceedings, the Court will hear the matter, giving preference to statutory actions seeking entitlement of custody.
Page 14 | Effect of Service on only one Parent/Person Exercising Custodial Control or Supervision
The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the petitioner’s diligent efforts to serve the other parties are established on the record, including the specified contact to locate an absent parent.
The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that the Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attomey's Office in an attempt to locate any absent parent.
Page 14 | Effect of Service on only one Parent/Person Exercising Custodial Control or Supervision
Parties may electronically transmit documents or reports from the Dependency, Neglect and Abuse and Status dockets to the Cabinet for Health and Family Services and to attorneys who have agreed to electronic receipt, as needed.
To facilitate more efficient processing, the parties may electronically transmit court documents or reports relating to actions from the Dependency, Neglect and Abuse docket and the Status docket, to the Cabinet for Health and Family Services, and to attorneys who have agreed to electronic receipt of such Court documents and reports, on an as needed basis, to facilitate more efficient processing.
Page 35 | 905 Electronic Distribution of Documents.
Either party may seek temporary child support without written or oral notice to the adverse party upon a showing of good cause.
Upon a showing of good cause, either party may move the court to enter an order for temporary child support without written or oral notice to the adverse party.
Page 72 | ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY CHILD SUPPORT
Filing Fees and Waivers
A defendant may request a duplicate recording for $15 plus the tape cost, payable when requested; the defendant may provide a good-quality videotape instead.
Upon request to the office of the Commonwealth's attorney, a defendant may procure a duplicate of any mechanical recording relating to his/her indictment pursuant to RCr 5.16. The "reasonable costs" referred to in RCr 5.16 is set at $15.00, plus the cost of the tape (or defendant may provide a good quality video tape), are all payable to the Commonwealth's attorney's office at the time the request is made.
Page 15 | Rule 604. DUPLICATES OF GRAND JURY VIDEOTAPES
Sealing & Redaction Procedures
A committee report concerning removal from the roster must be forwarded to the Court under seal and must not be filed in a juvenile or other court action.
If a sanction of removal from the roster is made by the committee, a written report shall be made and forwarded to the Court under seal and not filed in any juvenile action or other court action.
Page 16 | 3. Complaint Process
Materials in the sealed envelope may be supplied only to the listed authorized persons, and violations are punishable by contempt.
ITEMS IN THIS SEALED ENVELOPE SHALL BE SUPPLIED ONLY TO 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 MATTERS ATTENDANT TO THE CASE, OR A PERSON AUTHORIZED TO DULY COPY BY SPECIFIC ORDER OF THE COURT. VIOLATIONS ARE PUNISHABLE BY CONTEMPT SANCTIONS.
Page 62 | Order Sealing Unredacted Pursuant to WECR 703A
Address information provided on the form will not be confidential and will be available to the Respondent.
* Any address information provided will not be considered confidential and will be available to the Respondent.
Page 51 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
For filings containing personal identifiers, parties generally must file a redacted copy and a marked, sealed unredacted copy, which is restricted to authorized access; statutory-confidential filings need not be redacted.
However, except as set forth in paragraph 2 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 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 tax-payer identification number, date of birth, or financial account number. 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 403.135, KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625:108.
Page 19 | 703 Procedure in Actions for Custody, Visitation, Child Support, Maintenance, Disposition of Property, Legal Separation and Dissolution of Marriage — A. Personal Identifiers and Case Data Information Sheet
Filing Bundling Requirements
The motion and order scheduling the final trial must be filed together with the Petition for Termination of Parental Rights.
Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Warren Circuit Clerk
Page 10 | 306 Voluntary Termination of Parental Rights.
Pre-Motion Conference Requirements
A CR 78(2) motion may routinely be granted ten days after filing unless a response is filed.
This motion will routinely be granted by the court in ten (10) days unless a response is filed .
Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
A motion to set a case for trial may not be brought under CR 78(2).
A motion to set a case for trial shall not be brought under CR 78(2).
Page 10 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel discovery, for a protective order, or for sanctions.
Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute may a motion to compel discovery, or for a protective order, or for sanctions, be filed pursuant to CR 26 and 37.
Page 11 | Rule 406. MOTIONS FOR DISCOVERY ORDERS
Motions requiring an evidentiary hearing must be noticed and docketed for motion day, when the court sets a definite hearing date and time; specified hearings are scheduled separately by the court.
Division 1 : First and third Mondays of each calendar month, beginning at 1 :00 p.m., Central Time; and Division 2: Second and fourth Mondays of each calendar month, beginning at 1 :00 p.m., Central Time. The same local rules that govern civil motion practice, Rules 402, 403, 404, 405, 406, and 407, apply to criminal cases. (b) Except as discussed in (c) below, all motions requiring an evidentiary hearing shall be noticed and docketed for motion day, at which time the court will set the hearing for a day and time certain. (c) Evidentiary hearings for probation revocation motions, defendant's competency pursuant to KRS 504.100, and motions for post-conviction relief (RCr 11 .42, CR 60.02, etc .) will be conducted at a date and time certain to be scheduled by the court.
Page 15 | RULE 600. CRIMINAL PRACTICE
CR 78(2) motions should generally be limited to non-dispositive matters resolvable without oral argument, although the procedure may be appropriate for certain dispositive matters such as mortgage foreclosures.
Motions noticed under CR 78(2) should be limited to non-dispositive matters which can be acted on by the court without oral argument. However, notice under CR 78(2) may be appropriate in certain dispositive matters such as mortgage foreclosures.
Page 10 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
A movant may use the CR 78(2) procedure for deciding a motion without an oral hearing on brief written statements supporting and opposing it.
A movant may bring a motion under the provisions of CR 78(2) which makes provision for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition .
Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
Adjournment & Extension Requirements
An unserved EPO/TIPO may be continued for no more than six months and expires after six months if the respondent has not been served and the court has not withdrawn it.
Continuance of an unserved EPO/TIPO is limited to six (6) months. If Respondent has not been served with this order and the Court has not otherwise withdrawn it, this order will expire in six (6) months, on KRS 403.735; 1. 456.050.
Page 11 | PETITION/MOTION FOR ORDER OF PROTECTION
The order expires when the required hearing concludes unless a subsequent court order continues or withdraws it.
The terms of this order shall expire upon the conclusion of the hearing required by KRS 403.735 or KRS 456.050 unless continued or withdrawn by subsequent order of the Court.
Page 11 | PETITION/MOTION FOR ORDER OF PROTECTION
When the parties waive the 45-day requirement or agree to continue a temporary custody order beyond 45 days, they must agree in writing and state specific reasons why the waiver or continuance is necessary, such as to serve the child's best interests, present evidence or witnesses, protect a party's rights, or for other good cause.
In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall 45 days is necessary to serve the best interest of the child, i.e., for accumulation or agree in writing and state specific reasons why the waiver and/or continuance beyond the presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.
Page 18 | 609 Continuances
A continuance of an unserved EPO/TIPO is limited to six months, and the order expires after six months if the Respondent has not been served and the Court has not withdrawn it.
Continuance of an unserved EPO/TIPO is limited to six (6) months. If Respondent has not been served with this order and the Court has not otherwise withdrawn it, this order will expire in six (6) months, on
Page 53 | Order of Protection
Chambers Communication Rules
The movant must notify the clerk when filing a motion pursuant to CR 78(2).
The moving party has an affirmative duty to notify the clerk that its motion has been filed pursuant to CR 78(2).
Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE
When the parties settle a civil or criminal action, counsel must promptly notify the court.
When a civil or criminal action is settled by the parties, counsel for the parties shall promptly notify the court.
Page 16 | RULE 700. NOTICES OF SETTLEMENT — Rule 701. NOTICES
After completing the petition, the officer must immediately call the on-call or covering judge to learn the judge’s location and then present the petition for review.
Upon completion of the petition, the officer shall immediately telephone the Judge for his or her location and then present the petition to the on-call District Court Judge or other covering Judge to review the domestic violence petition or interpersonal protective petition.
Page 4 | Twenty-four Hour Accessibility
If the parties cannot agree on a scheduling order, they must contact Family Court Staff to arrange a telephonic conference and allow sufficient lead time for entry of the order within 60 days.
If the parties cannot agree, they shall contact the Family Court Staff to schedule a telephonic conference for obtaining a Scheduling Order Regarding Discovery, Amendment of Pleadings, time for entry of a Scheduling Order Regarding Discovery, Experts and Mediation from the court, allowing sufficient lead Amendment of Pleadings, Experts and Mediation within the required 60 days, (FCRRP 2(6)(c));
Page 23 | Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation
A mediator must not communicate ex parte with the Court, directly or indirectly, about a case, its parties, or their counsel.
The mediator shall not communicate ex parte with the Court, either directly or indirectly, regarding any case, the parties thereto, or their respective counsel.
Page 32 | C. Duties of the Mediator
After completing the petition, the officer must immediately call the on-call or covering Judge for the Judge’s location before presenting the petition for review.
Upon completion of the petition, the officer shall immediately telephone the Judge for his or her location and then present the petition to the on-call District Court Judge or other covering Judge to review the domestic violence petition or interpersonal protective petition.
Page 46 | Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact the Edmonson Circuit Court Clerk's office at the stated address.
Petitioners seeking to initiate contempt proceedings should contact the Edmonson Circuit Court Clerk's office at 110 West Main Cross Street, Brownsville, Kentucky 42210.
Page 4 | Contempt Proceedings
At the first docket call, counsel must notify the court if a hearing may exceed 15 minutes.
At the first call of the docket, counsel shall notify the court if the hearing may take more than fifteen (15) minutes.
Page 8 | Rule 401
Requests to use the Warren County Justice Center facilities must be made to the court administrator.
Requests to utilize the facilities of the Warren County Justice Center shall be made to the court administrator .
Page 25 | RULE 1800. USE OF WARREN COUNTY JUSTICE CENTER FACILITIES
Petitioners seeking to initiate contempt proceedings should contact the Warren Circuit Court Clerk's Office.
B. Petitioners seeking to initiate contempt proceedings should contact: Warren Circuit Court Clerk's Office 1001 Center Street Bowling Green KY 42101
Page 5 | IV. Contempt Proceedings
Attorneys and pro se litigants may contact the Circuit Court Clerk’s Office to obtain current AOC or Court forms.
AOC forms are not included in the WFCR Appendix; however, attorneys and pro se litigants may contact the Warren Circuit Court Clerk's Office to obtain the most current AOC forms or Court forms.
Page 5 | RULE 1 INTRODUCTION/ADMINISTRATIVE PROCEDURE
The Court may schedule a status conference at any time, and either party may request one.
The Court may schedule a Status Conference at any time on any action pending before the Court. Either party may request the Court to schedule a Status Conference.
Page 24 | Status Conference
A list of court-approved local mediators may be obtained from Family Court Staff.
A list of Court approved local mediators may be obtained from the Family Court Staff.
Page 31 | Property Mediation
Petitioners seeking to initiate contempt proceedings should contact the Warren Circuit Court Clerk's Office.
Petitioners seeking to initiate contempt proceedings should contact: Warren Circuit Court Clerk's Office 1001 Center Street Bowling Green KY 42101
Page 47 | IV. Contempt Proceedings