Elliott County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements35 rules
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030
B. 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 a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
B. 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 .
C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2)
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3) .
A diversion order must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation & Parole rules, and the required conduct and other conditions.
Court's wording
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) . 3 . Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & 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 the county attorney refuses to consent to a defendant's participation in the Program, he or she shall state on the record the reasons therefore.
Upon approval to participate, the defendant must sign a speedy-trial waiver and must have the opportunity to consult an attorney beforehand if desired.
Court's wording
Upon approval for participation in the Program, the defendant must sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
After the diversion contract is completed, the Pretrial officer must submit the contract and a report to the trial judge for approval, and the report must contain the specified eligibility information.
Court's wording
Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.
After referral, the defendant must meet with a Pretrial officer to establish a contract specifying its conditions, services, length, and any required restitution or community service.
Court's wording
Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.
The trial judge shall enter an order reflecting said determination.
Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.
An attorney seeking access to a paternity file must sign a statement limiting what information may be shared with the client.
Court's wording
the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client
A parent seeking appointment of an attorney as an indigent must submit the AOC-DNA-11 financial statement, affidavit, request for counsel, and order.
Court's wording
The Court shall assign Guardian Ad Litems and, if the parent(s) qualifies as an indigent after submittal of the AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order, a parent attorneys to each case in order to facilitate consistent, high-quality advocacy representation of all parties.
A petition must cite the specific statute and jurisdictional facts and provide full information about the child's parents and their addresses.
Court's wording
Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).
When requested by the court, both parties must file trial memoranda addressing the listed facts, issues, arguments, requested relief, trial materials, and mediation status if applicable.
- Document
- Trial memorandum
Must include
- •Statement of facts
Court's wording
When requested by the Court, both Petitioner and Respondent shall file a trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.
if the siblings have been separated, CHFS shall explain the reasons for the separation.
Must include
- •Explain the reasons for the separation
if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.
All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.
At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request, which specifically interview with a child and specific purpose for the request. indicates the portion of the video record being requested, is an in-chamber
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address and telephone number of the attorney or party signing the paper.
- Document
- Pleading motion or other filed paper
Must include
- •Case number
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030
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.
Trials outside the regular jury calendar, and trials without a jury, must be set by court order specifying the case style, date, time, and place.
Court's wording
All other trial by jury other than as set out in Rule 1, shall be held only by orders of the Court setting out the style of the case, date, time and place to be held . All trials to be heard by the Court ,vithout a jury, shall be docketed and set for trial under the same procedure as set out in Rule 2 above .
To obtain access to a paternity case file for representation, an attorney must provide a statement seeking permission or the party must provide a signed and notarized release authorizing inspection.
Court's wording
Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
The Order of Diversion may include : 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 Substance Act . 3. That the petitioner possess no firearm or any other deadly weapon .
A Program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge.
- Document
- Termination statement
Include
- •Written statement
Filing & Service rules
Filing Timing and Cure Windows
The court must review a protective-order petition immediately upon filing.
F. The court shall review a petition for a protective order immediately upon its filing, KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 30 days before trial.
A After indictment in circuit court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
Motions under 37FRP 201(B) must be filed by 4:00 p.m. on the preceding Tuesday.
All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(A) must be filed by 4:00 p.m. on the preceding Wednesday.
All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(C) must be filed by 4:00 p.m. on the preceding Tuesday.
All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
CHFS must file the original emergency custody order with the Circuit Clerk's Office on the next working day.
Pursuant to FCRPP 19(3)(a), CHFS will file the original order with the Circuit Clerk's Office on the next working day.
Page 5 | 601 Procedure for Emergency Custody Orders
The respondent has ten days to file an objection to entry of the status quo order.
the Respondent has ten days to file any objection to entry of the Order
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
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 12 | I. Uniform Protocol for Handling Cases
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 12 | I. Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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 2 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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 12 | I. Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 4 | V. Voiding a Diversion Order
Copies of motions under 37FRP 201(A) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Thursday.
All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.
Page 3 | 202 Deadline For Serving and Filing Motions
Copies of motions under 37FRP 201(C) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Wednesday.
All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
Copies of motions under 37FRP 201(B) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Wednesday.
All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
After the hearing, the petitioner must continue diligent efforts to locate and notify everyone 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 6 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
All parties must be served with notice when an attorney requests to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 6 | 606 Duty of Guardian Ad Litem and Parent Attorney to Continue
In the described status quo order procedure, a copy of the motion is served on the respondent with the summons and petition.
serve a copy of the Motion with the Summons and Petition on the Respondent.
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
The request for an order must be noticed 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 for the request.
Page 10 | 904 Request for Confidential Video Records
The clerk must deliver or mail the trial-setting order to all attorneys of record at least five days before trial; the attorneys may waive that period with the court's consent, and the same procedure applies to nonjury trials.
Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court. All trials to be heard by the Court ,vithout a jury, shall be docketed and set for trial under the same procedure as set out in Rule 2 above
Page 4 | Trial by Jury
A hearing may proceed without service on the non-custodial parent only if the record establishes diligent efforts to serve the other parties, including contacting the County Attorney's Child Support Division to locate an absent parent.
The Judge may permit the Temporary Removal Hearing or the adjudicatory to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 6 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
Filing Fees and Waivers
The $50 reopening fee is not paid for qualifying Title IV-D child-support motions, but is charged for later motions brought by private counsel or pro se parties unless the motion is in forma pauperis.
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 4 | 502 Reopening Fee
The Program participation fee is set by the Administrative Office of the Courts, but the diversion officer may reduce it based on ability to pay or waive it for indigence.
The tee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The diversion officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | II. PARTICIPATION
Sealing & Redaction Procedures
Temporary custody orders under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.
Page 3 | 301 Temporary Custody Order
The Circuit Court Clerk may not release a Family Court in-chamber video interview with a child without a specific written order from a Family Court Judge.
Pursuant to FCRPP 17, the Circuit Court Clerk shall not release any Family Court video in-chamber interviews with children without a specific written order of a Family Court Judge.
Page 9 | 903 Video Copies of In-Chamber Interviews with Children
For covered filings containing personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to paragraph B’s exception.
However, except as set forth in paragraph B below, 205, 403, 405, 406 and 407 by providing the personal identifying information 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.
Page 9 | 902 Protection of Personal Identifiers
Access to the unredacted sealed copy is restricted to the listed parties, court personnel, authorized child-support personnel, and persons authorized by specific court orders.
The clerk 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 of specific orders of the Court.
Page 9 | 902 Protection of Personal Identifiers
The Circuit Clerk may not release Family Court confidential video records without a specific written order from the presiding Family Court Judge, except in Paternity actions.
The Circuit Clerk shall not release any copies of Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge.
Page 10 | 904 Request for Confidential Video Records
Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not e redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 9 | 902 Protection of Personal Identifiers
The written-order restriction does not apply to qualifying public officers or employees when certified, but they may use and distribute the information only for investigation or prosecution of offenses under Kentucky law.
Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Page 10 | 904 Request for Confidential Video Records
Chambers Communication Rules
For an emergency custody order after working hours, the Family Court Judge must be contacted.
After working hours, 4:30 p.m. to 8:30 a.m. Monday through Friday and on weekends and holidays the Family Court Judge shall be contacted.
Page 5 | 601 Procedure for Emergency Custody Orders
The parties must contact the court's secretary to remand pending hearings concerning resolved issues.
The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 8 | 704 Mediation
The Court must notify the Clerk of any other dates when court will not be held.
Court shall notify Clerk of any other dates which Court shall not be held .
Page 2 | Rules of Circuit Court
Counsel may call the Clerk or answering service to learn whether the Judge will be able to hear motions on a particular date.
Counsel may then call the Clerk or the answering service and receive information in regard to whether or not the Judge will be able to hear Motions on that date .
Page 8 | Motions
The county clerks will be notified, whenever possible and as soon as the determination is made, if the Judge cannot hear motions on a scheduled date.
The Clerk of each of the counties in the district will be notified whenever possible and as soon as he determines if the Judge will not be able to hear motions on any given date .
Page 8 | Motions