Court Rules

Estill Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:
Filters:

Document Format Requirements2 rules

FormattingMandatory

Attorneys must print pleadings and motions sent to the Circuit Clerk and opposing counsel only on the front side, except for forms prepared by AOC.

Court's wording

When sending pleadings and motions to the Circuit Clerk and to opposing counsel, attorneys shall prepare such documents to comport with the Rules of Civil Procedure and shall print only on the front side of the paper. With the exception of forms prepared by AOC, no pleadings or motions sent to the Circuit Clerk or to opposing counsel shall be printed on both the

C23LOCALRULES · Jun 2017 · p. 24
|SectionRULE 20. DOUBLE-SIDED DOCUMENTS
FormattingImportant

The caption to all Orders shall state the exact nature of the order, such as, for example, Order of Dismissal, Order Fixing Temporary Maintenance, Order Directing Answering of Interrogatories, etc.

C23LOCALRULES · Jun 2017 · p. 14
|SectionRULE 1101. PREPARATION OF ORDERS AND JUDGMENTS

Document Filing Requirements40 rules

Filing RequirementsMandatoryCriminal cases

Make recommendations to the Court in writing of conditions for pre-trial diversion .

Filing RequirementsMandatoryCriminal cases

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

Filing RequirementsMandatoryCriminal cases

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation & Parole rules, and the listed requirements concerning offenses 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 pre-trial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

C23PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsMandatoryCriminal cases

In applying for pre-trial 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 .

Filing RequirementsMandatory

Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.

C23LOCALRULES · Jun 2017 · p. 4
|SectionRULE 205. MOTION DOCKET
Filing RequirementsMandatory

All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.

C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 208. CITATION OF AUTHORITIES WITH MOTIONS
Filing RequirementsMandatory

The written hearing notice must identify the hearing’s time, place, and purpose.

Court's wording

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

C23LOCALRULES · Jun 2017 · p. 8
|SectionRULE 501(c)(1)
Filing RequirementsMandatory

In such cases, proof of attendance must be submitted before the case is assigned for final hearing.

C23LOCALRULES · Jun 2017 · p. 8
|SectionRULE 501(c)(2)
Filing RequirementsMandatory

Pursuant to FCRPP 4(3), all proceedings before the Commissioner shall be recorded by audio or video, and a recording log shall be kept.

C23LOCALRULES · Jun 2017 · p. 9
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

The Domestic Relations Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions pursuant to KRS 454.350(2).

C23LOCALRULES · Jun 2017 · p. 9
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

Action upon the Commissioner's report and upon exceptions thereto shall be by motion and notice pursuant to FRPP 4(4)(a) and CR 6.04.

C23LOCALRULES · Jun 2017 · p. 10
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

Agreements filed of record must be signed by both parties and properly acknowledged; counsel must also sign if a party is represented.

Court's wording

All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.

C23LOCALRULES · Jun 2017 · p. 10
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

Upon motion of any party to a Domestic Relations proceeding, the testimony shall be taken by deposition or interrogatory and submitted to the Court. Otherwise, the matter shall be heard by the Domestic Relations Commissioner as set forth in LR23JC 501 above.

C23LOCALRULES · Jun 2017 · p. 10
|SectionRULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS
Filing RequirementsMandatory

Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.

C23LOCALRULES · Jun 2017 · p. 11
|SectionRULE 503. FACTUAL DISCLOSURE REQUIREMENTS
Filing RequirementsMandatory

A default-judgment motion must identify whether the requested relief is in rem or in personam and include the specified proposed judgment, certificate, proof, and affidavits.

Document
Default judgment motion

Must include

  • Proposed order

Court's wording

The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.

C23LOCALRULES · Jun 2017 · p. 12
|SectionRULE 901. MANNER OF SEEKING; TIME FOR TAKING
Filing RequirementsMandatory

Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment.

C23LOCALRULES · Jun 2017 · p. 12
|SectionRULE 901. MANNER OF SEEKING; TIME FOR TAKING
Filing RequirementsMandatory

Before or at the pretrial conference, the parties must submit written instructions reflecting their then-current understanding of the issues and law, subject to the stated exceptions and right to submit further instructions.

Court's wording

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following before the Pre-Trial Conference: (c) At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

Filing RequirementsMandatory

unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party

C23LOCALRULES · Jun 2017 · p. 14
|SectionRULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT
Filing RequirementsMandatory

The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same

Document
Proposed order or judgment

Must include

  • Certificate of service
C23LOCALRULES · Jun 2017 · p. 14
|SectionRULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT
Filing RequirementsMandatory

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

C23LOCALRULES · Jun 2017 · p. 15
|SectionRULE 1103. NOTICE OF ENTRY; COPIES; WAIVER OF NOTICE
Filing RequirementsMandatory

The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.

C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1703. REPORTS OF MASTER COMMISSIONER
Filing RequirementsMandatory

An order or judgment involving or requiring action by the Master Commissioner must include a counsel-prepared certificate on its last page stating that the Clerk must serve it on the Commissioner.

Court's wording

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1701. SERVICE UPON MASTER COMMISSIONER
Filing RequirementsMandatory

The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties and shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.

Document
Initial order or judgment

Must include

  • Caption
C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1702. CONTENTS OF REFERRAL ORDER
Filing RequirementsMandatory

(b) If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

C23LOCALRULES · Jun 2017 · p. 21
|SectionRULE 1805. REPORTING TO THE COURT
Filing RequirementsMandatory

(c) If some but not all of the issues in the case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

C23LOCALRULES · Jun 2017 · p. 21
|SectionRULE 1805. REPORTING TO THE COURT
Filing RequirementsMandatory

(c) The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition.

C23LOCALRULES · Jun 2017 · p. 22
|SectionRULE 1903. PROCEDURE
Filing RequirementsMandatory

(b) In applying for pre-trial 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.

C23LOCALRULES · Jun 2017 · p. 22
|SectionRULE 1903. PROCEDURE
Filing RequirementsMandatory

The Order of Diversion must address restitution, supervision and any applicable fees, duration, compliance with Probation & Parole rules, and the specified offense-free and statutory-compliance directives.

Court's wording

(b) 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) A requirement that the defendant obey all rules and regulations imposed by Probation & Parole; and (S) As required by KRS 533.030(1) (conditions of probation-restitution), a directive requiring the defendant to not commit any offense during the period of the pre- trial diversion and specifically directing the defendant to comply with any other provisions of KRS 533.030 or any other conditions the Court deems appropriate.

C23LOCALRULES · Jun 2017 · p. 23
|SectionRULE 1904. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsMandatory

Protective-order petitions under KRS Chapter 403 or 456 must be made on form AOC-275.1 and 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.

C23LOCALRULES · Jun 2017 · p. 26
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C23LOCALRULES · Jun 2017 · p. 28
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

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.

C23LOCALRULES · Jun 2017 · p. 28
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

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.

C23DVPROTOCOL · Jun 2017 · p. 2
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C23DVPROTOCOL · Jun 2017 · p. 2
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

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.

C23DVPROTOCOL · Jun 2017 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsImportant

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 209. AGREED ORDERS
Filing RequirementsImportant

If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:

C23LOCALRULES · Jun 2017 · p. 14
|SectionRULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT
Filing RequirementsImportant

(a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

Document
Order or judgment
Placement
Signature block
C23LOCALRULES · Jun 2017 · p. 14
|SectionRULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT
Filing RequirementsNoteCriminal cases

The diversion order may include requirements concerning drug and alcohol use, violations of specified laws, and possession of firearms or other deadly weapons.

Court's wording

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 Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .

C23PRETRIALDIVERSIONPROGRAM · p. 4
|SectionIV. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsNote

Moving counsel may also accompany any Motion with a brief written Statement or file a Memorandum of Law supporting said Motion.

C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 208. CITATION OF AUTHORITIES WITH MOTIONS
Filing RequirementsNote

In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.

Filing & Service rules

Electronic Filing Rules

The Clerk will receive and enter faxed copies of Orders and Judgments in the same manner as mailed originals.

Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail.

Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS

Filing Timing and Cure Windows

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

Criminal cases

Page 2 | III. PROCEDURE

Cases must be placed on the Motion Docket by close of business on the third business day before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.

All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.

Page 4 | RULE 205. MOTION DOCKET

The Commissioner's recommendations must be filed within 30 days after an uncontested hearing or 90 days after a contested hearing, unless extended for good cause by the Circuit Judge's order.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.

Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE

Hearings for temporary orders must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

Temporary Orders - All Hearings for temporary Orders shall receive immediate action by the Commissioner, and he/she shall issue his or her recommendations to all parties or their attorneys within five (5) working days following the Hearing.

Page 10 | RULE 5. DOMESTIC RELATIONS PRACTICE

For matters submitted on motion, the parties must follow the stated sequence and deadlines for completing petitioner proof, respondent proof, rebuttal, and submission.

In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter. The Respondent shall complete his/her proof within the following four (4) weeks. The Petitioner shall then have two (2) weeks in which to complete any rebuttal. The case shall then stand for submission at the next regular Motion Hour/Rule Day.

Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS

Ten days after the original order or judgment is tendered to the Judge and a copy is served on counsel for all parties, it will be entered unless the objecting party has filed and served written objections that include a hearing time, or the Court declines entry for good reason.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.

Page 14 | RULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT

Written objections must be filed within ten days of service to prevent the proposed Order or Judgment from being signed and entered.

the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.

Page 15

The joint statement must be submitted within 30 days after mediation ends.

This statement shall be submitted within thirty (30) days of the termination of mediation.

Page 21 | RULE 1805. REPORTING TO THE COURT

A petition for a pre-trial diversion order must be filed at least 14 days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

Page 22 | RULE 1903. PROCEDURE

F. 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 reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

F. 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 reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 26 | Uniform Protocol for Handling Cases

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.

Page 2 | Uniform Protocol for Handling Cases

Failure to file a response by the hearing-notice deadline may be grounds to deny leave to file a late response.

Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.

Page 5 | RULE 208. CITATION OF AUTHORITIES WITH MOTIONS

A party properly served with a motion accompanied by a supporting statement or memorandum may file a response with supporting authorities by the time specified in the hearing notice.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.

Page 5 | RULE 208. CITATION OF AUTHORITIES WITH MOTIONS

Faxed copies of Orders and Judgments are entered upon receipt.

In other words, they will be entered upon receipt.

Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS

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 2 | 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 if the defendant fails to comply with diversion conditions or make satisfactory progress.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pre-trial 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

Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods defined in CR 5.02.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. "Service" shall be by the methods defined in CR 5.02.

Page 4 | RULE 206. SERVICE OF MOTIONS

A copy of each filed motion must be served on the presiding Judge.

A copy of cach Motion filed shall be served upon the presiding Judge.

Page 4 | RULE 206. SERVICE OF MOTIONS

After the judge signs the indictments, the Circuit Clerk must send copies to the Commonwealth's Attorney and, if applicable, the defendant's former attorney.

Upon the signing of the Indictments by the Judge, the Circuit Clerk shall make copies of the Indictments and shall mail or deliver same to the Commonwealth's Attorney and, in the event the Defendant was previously represented by counsel, shall also mail or deliver copies to the Defendant's previous attorney.

Page 6 | RULE 212. CASE ASSIGNMENTS

The requesting party must serve the adverse party written notice at least seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

Page 8 | RULE 501(c)(1)

Objections to the preliminary disclosures must be exchanged 20 days thereafter.

Objections thereto shall be exchanged 20 days thereafter,

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

In contested dissolution actions, the parties must exchange preliminary verified disclosure statements within 45 days after service of the petition on the respondent.

Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent.

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

Final verified disclosure statements must be provided to the opposing party within 30 days after filing a motion for hearing, unless the hearing is set within that period, in which case disclosure is governed by court order.

AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court.

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

A copy of the tendered order or judgment must be served on counsel for all parties.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties,

Page 14 | RULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT

The objecting party must serve written objections on all parties and the Court.

unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party

Page 14 | RULE 1102. PRESENTATION OF ORDER OR JUDGMENT TO THE COURT

A motion by an attorney of record seeking to withdraw must be served on the party as provided by CR 5.

Such motion shall be served on the party as provided by CR 5.

Page 18 | RULE 1602. WITHDRAWAL AS COUNSEL

The Clerk must serve orders or judgments involving or requiring action by the Master Commissioner on the Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

Page 19 | RULE 1701. SERVICE UPON MASTER COMMISSIONER

An eligible person may petition for a pre-trial diversion order with notice to the Commonwealth’s Attorney at least 14 days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

Page 22 | RULE 1903. PROCEDURE

The Court may void participation in pre-trial diversion after a hearing and notice to the Commonwealth and the defendant upon the stated showing.

(a) After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pre-trial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress.

Page 23 | RULE 1905. VOIDING A DIVERSION ORDER

A petition for pre-trial diversion must be made with notice to the Commonwealth's Attorney.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

Criminal cases

Page 2 | III. PROCEDURE

In personal-injury tort actions, the parties must be prepared to exchange discoverable medical reports, medical bills, or evidence of special damages before the pretrial conference, subject to the stated exceptions.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following before the Pre-Trial Conference: (e) In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure.

Page 13 | RULE 1003

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

Page 15 | RULE 1103. NOTICE OF ENTRY; COPIES; WAIVER OF NOTICE

Filing Fees and Waivers

Fees for the parent's education clinic must be paid as set by FCRPP 6(4).

Fees for the parent's education clinic shall be paid as set by FCRPP 6(4).

Page 8 | RULE 501(c)(5)

Pre-Motion Conference Requirements

Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.

Motions to suppress evidence and any other Motions by either the Defendant or the Commonwealth that require a hearing in criminal cases shall be noticed to be heard at least 30 days before trial on a regular Motion Hour/Rule Day unless waived in the discretion of the Court for just cause.

Page 18 | RULE 1502. PRETRIAL MOTIONS

Adjournment & Extension Requirements

An extension of the recommendations-filing deadline requires good cause shown by order of the Circuit Judge.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.

Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE

Cases must be heard at their scheduled time and date unless the Court continues them in its discretion or by order on a showing of good cause.

All cases set for Trial, Pre-Trial Conference, or Hearing on Motion shall be heard at the time and date specified unless by discretion of the Court or Order on good cause shown same are continued.

Page 15 | RULE 1201. WHEN MATTERS ARE TO BE TRIED OR HEARD

Counsel are urged to use agreed orders reasonably to obtain and grant extensions of time to plead or otherwise defend.

All counsel are urged to adopt a reasonable use of Agreed Orders for purposes of obtaining and granting extensions of time, to plead, or otherwise defend.

Page 5 | RULE 209. AGREED ORDERS

Chambers Communication Rules

If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday before trial.

In the event that a particular case is settled, in whole or in part, at any time prior to trial by jury, the attorneys of record shall contact the Court and so advise the Court by no later than 4:00 P.M. on Wednesday of the week preceding the trial.

Page 15 | RULE 1202. JURY TRIALS

The mediator must promptly notify the Court when a case is not accepted for mediation.

(a) The mediator shall notify the Court promptly when a case is not accepted for mediation.

Page 21 | RULE 1805. REPORTING TO THE COURT

At the conclusion of an accepted mediation, the mediator must report that the process has ended.

At the conclusion of cases accepted for mediation, the mediator will report the fact that the mediation process has ended.

Page 21 | RULE 1805. REPORTING TO THE COURT

Do not send requests to the local Pretrial Services Officer.

DO NOT send requests to the local Pretrial Services Officer.

Page 23

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the EPO or DVO was issued.

B. Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.

Page 28 | IV. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the EPO/DVO was issued.

Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.

Page 4 | IV. Contempt Proceedings

Common questions about Estill Circuit Court rules

Does Estill Circuit Court require a pre-motion conference or letter before filing a motion?

Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.

View ruleSource: page 18, section RULE 1502. PRETRIAL MOTIONS

What must be included with pre trial diversion application filings in Estill Circuit Court?

When applying for pre-trial diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

View ruleSource: page 3, section III. PROCEDURE

What must be included with recommendation filings in Estill Circuit Court?

The Commonwealth's Attorney must provide the Court with a written recommendation in response to each petition.

View ruleSource: page 3, section III. PROCEDURE

How may parties contact Estill Circuit Court?

If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday before trial.

View ruleSource: page 15, section RULE 1202. JURY TRIALS

How do I request an adjournment or extension in Estill Circuit Court?

An extension of the recommendations-filing deadline requires good cause shown by order of the Circuit Judge.

View ruleSource: page 9, section RULE 5. DOMESTIC RELATIONS PRACTICE

Are filing fees or waivers addressed in Estill Circuit Court?

A fee is required for covered filings. Fees for the parent's education clinic must be paid as set by FCRPP 6(4).

View ruleSource: page 8, section RULE 501(c)(5)

Is electronic filing required in Estill Circuit Court?

The Clerk will receive and enter faxed copies of Orders and Judgments in the same manner as mailed originals.

View ruleSource: page 15, section RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS

What filing deadlines does Estill Circuit Court set?

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

View ruleSource: page 2, section III. PROCEDURE

What rule applies to serving all parties in Estill Circuit Court?

Details: recipient: all parties. The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the defendant fails to comply with diversion conditions or make satisfactory progress.

View ruleSource: page 4, section V. VOIDING A DIVERSION ORDER
Complete rules summary for Estill Circuit Court

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

A petition for pre-trial diversion must be made with notice to the Commonwealth's Attorney.

When applying for pre-trial diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

The Commonwealth's Attorney must provide the Court with a written recommendation in response to each petition.

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation & Parole rules, and the listed requirements concerning offenses and other conditions.

The diversion order may include requirements concerning drug and alcohol use, violations of specified laws, and possession of firearms or other deadly weapons.

The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the defendant fails to comply with diversion conditions or make satisfactory progress.

Moving counsel may accompany a motion with a brief written statement or file a supporting memorandum of law.

Cases must be placed on the Motion Docket by close of business on the third business day before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.

A motion must be accompanied by a Notice of Date for Hearing or it will be summarily overruled, unless good cause is shown.

Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods defined in CR 5.02.

A copy of each filed motion must be served on the presiding Judge.

A motion that relies on authorities must include citations to those authorities.

A party properly served with a motion accompanied by a supporting statement or memorandum may file a response with supporting authorities by the time specified in the hearing notice.

Failure to file a response by the hearing-notice deadline may be grounds to deny leave to file a late response.

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand.

Counsel are urged to use agreed orders reasonably to obtain and grant extensions of time to plead or otherwise defend.

After the judge signs the indictments, the Circuit Clerk must send copies to the Commonwealth's Attorney and, if applicable, the defendant's former attorney.

The requesting party must serve the adverse party written notice at least seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

The written hearing notice must identify the hearing’s time, place, and purpose.

When the education participation described in this subsection is ordered, proof of attendance must be submitted before assignment for final hearing.

Fees for the parent's education clinic must be paid as set by FCRPP 6(4).

In all dissolution actions, the Commissioner must report findings of fact, conclusions of law, and recommendations to the Court.

Proceedings before the Commissioner must be recorded by audio or video, and a recording log must be kept.

The Commissioner's recommendations must be filed within 30 days after an uncontested hearing or 90 days after a contested hearing, unless extended for good cause by the Circuit Judge's order.

An extension of the recommendations-filing deadline requires good cause shown by order of the Circuit Judge.

Hearings for temporary orders must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

Action on the Commissioner's report or exceptions to it must be taken by motion and notice under the cited rules.

Agreements filed of record must be signed by both parties and properly acknowledged; counsel must also sign if a party is represented.

More Judges in Estill Circuit Court

Michael Dean
Judge