Court Rules

Fleming County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Trial Brief
5 pgs

Courtesy Copies

Courtesy copies

  • Contemporaneously with Filing

Motion

  • Upon Filing

Communication

Phone

Clerk

606-735-3328
Phone

Clerk

606-845-7011
Phone

Clerk

606-564-4011
Phone
1-800-928-6381
Fax
(502) 573-1669
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Briefs shall not exceed FIVE (5) PAGES in length.

Page limit
Up to 5 pages
C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 5.02 Trial Briefs and Instructions

Document Format Requirements5 rules

FormattingMandatory

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

Formatting

  • Petitions must be made on form AOC-275.1.
C19D19DVPROTOCOL · Dec 2015 · p. 2
|SectionI. Uniform Protocol for Handling Cases
FormattingMandatory

Motions may be made orally during the progress of trial in chief, but all other motions must be made in writing.

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 3.01 Oral or Written
FormattingMandatory

Paper 8.5" by 11" shall be used for all purposes.

Paper size
Letter
C19LOCALRULES · Apr 2014 · p. 13
|SectionTITLE IX - MISCELLANEOUS, Rule 32. Preparation of Filings
FormattingMandatory

If forms are used, any blanks shall be completed by mechanical means and not by hand, unless permitted by the Court.

C19LOCALRULES · Apr 2014 · p. 13
|SectionTITLE IX - MISCELLANEOUS, Rule 32. Preparation of Filings
FormattingMandatory

All pleadings, motions, orders and judgments shall be mechanically or electronically prepared.

C19LOCALRULES · Apr 2014 · p. 13
|SectionTITLE IX - MISCELLANEOUS, Rule 32. Preparation of Filings

Document Filing Requirements52 rules

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.

C19D19DVPROTOCOL · Dec 2015 · p. 2
|SectionI. Uniform Protocol for Handling Cases
Filing RequirementsMandatory

A copy of the notice shall accompany the motion or pleading delivered to the clerk.

C19LOCALRULES · Apr 2014 · p. 2
|SectionTITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 2. Notice to Clerk
Filing RequirementsMandatory

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 4.02 Service and Distribution
Filing RequirementsMandatory

A motion filed with the clerk must include a tendered order and enough copies for the clerk to complete service, subject to an exception whose description is truncated in the text.

Court's wording

No motion shall be filed in the clerk's office unless same is accompanied by a tendered order for the Court's consideration (as stated in Local Rule Title II, Rule 4.01), together with a sufficient number of copies of the tendered order to permit the clerk to complete service thereof. This rule shall not apply if the order sought is required by Kentucky Rules of Civil Procedure (CR) to

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 4.03 Number of Copies
Filing RequirementsMandatory

No motion shall be filed with a notice that it shall be heard at the "convenience of the Court." Motions in violation of this Local Rule shall be returned to the movant and shall not be docketed.

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 3.03 Convenience of the Court
Filing RequirementsMandatory

All motions shall state precisely the relief requested and shall be accompanied, as specifically required by these Local Rules, by a supporting memorandum. Failure to do so may be grounds for denying the motion.

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 3.02 Specify Relief Requested
Filing RequirementsMandatory

When a motion for judgment or order is presented to the Court, the judgment or order requested shall be tendered therewith except for cogent reason to the contrary.

C19LOCALRULES · Apr 2014 · p. 3
|SectionRule 4.01 Tendered Orders and Judgments
Filing RequirementsMandatory

A jury-trial date assignment motion in Bracken, Fleming, or Mason County must include the signed Certificate of Readiness in the prescribed wording.

Court's wording

All motions for assignment of a date for trial with jury in Bracken, Fleming, or Mason County shall have endorsed thereon, signed by counsel for the movant, the following: CERTIFICATE OF READINESS I hereby certify that this case stands ready for trial by movant; all matters necessary for its presentation to the Court and jury have been or shall be completed within sixty (60) days from this date. DATE: (SIGNATURE) COUNSEL FOR MOVANT

C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 6.02 Certificate of Readiness
Filing RequirementsMandatory

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 5.02 Trial Briefs and Instructions
Filing RequirementsMandatory

All motions to set cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 6.01 Contents of Motion
Filing RequirementsMandatory

No order shall be signed permitting the withdrawal of counsel until counsel has set said motion on a regular Motion Day and has accompanied said motion with a copy of a certified letter to client and the proof thereof.

C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 7. Withdrawal of Counsel
Filing RequirementsMandatory

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

C19LOCALRULES · Apr 2014 · p. 4
|SectionRule 5.02 Trial Briefs and Instructions
Filing RequirementsMandatory

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

C19LOCALRULES · Apr 2014 · p. 5
|SectionRule 9.01 Filing of Depositions
Filing RequirementsMandatory

The parties and parties* counsel, if any, must sign all agreements and agreed orders.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.04 Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatory

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before one of the identified officials.

Court's wording

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified notary public, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

An affidavit supporting modification of a temporary custody order or decree must state the order’s date and recording information, its substance, and the circumstances or change of circumstances relied on.

Court's wording

The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: 1. The date and recording information of the order or decree sought to be modified; 2. The substance of the order or decree; and, 3. The circumstances or the change of circumstances relied upon by the party seeking the modification.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.04 Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatory

All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

AOC-238 (Preliminary Verified Disclosure Statement) or any subsequent replacement form requiring the same or similar information shall be filed in the Court record, unless parties or parties* counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

C19LOCALRULES · Apr 2014 · p. 7
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsMandatory

Affidavit of movant must fully explain the need for emergency custody, maintenance and/or support, and if applicable, why notice could not be given.

C19LOCALRULES · Apr 2014 · p. 8
|Section5.07 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

Each dissolution, legal-separation, or maintenance proceeding must include a signed and notarized moving-party affidavit filed with the complaint containing the listed statements.

Court's wording

Pursuant to FCRPP 3(1), in each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was 2. Statement as to age and condition of health of affiant. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. Statement as to whether affiant is employed, the wages or salary received. Statement of affiant as to his or her other income. Statement as to the age and health of the respondent. Statement of affiant as to whether respondent owns any real estate, and as to whether he/she is employed. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. 9. Statement as to whether respondent is now or has been in active military service of the United States at any time during the pendency of this action. 10. If a woman, whether now pregnant.

C19LOCALRULES · Apr 2014 · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

C19LOCALRULES · Apr 2014 · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

The questionnaire form required by the State Department of Health, pursuant to KRS 213.340, shall be filed with the affidavit.

C19LOCALRULES · Apr 2014 · p. 8
|Section5.06 Affidavits
Filing RequirementsMandatory

A party may seek emergency temporary custody, maintenance, or support by motion, with practicable notice and an affidavit stating facts establishing the emergency.

Court's wording

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

C19LOCALRULES · Apr 2014 · p. 8
|Section5.07 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

D. Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

C19LOCALRULES · Apr 2014 · p. 9
|SectionTitle VI - Domestic Relations Cases
Filing RequirementsMandatory

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in those chapters.

C19LOCALRULES · Apr 2014 · p. 9
|SectionRule DR 6.01 Protection of Personal Identifiers
Filing RequirementsMandatory

Written evidence of such insurance, as obtained pursuant to Local Rule 29.01, shall be furnished by the purchaser to the commissioner within twenty-four (24) hours of the date of sale.

C19LOCALRULES · Apr 2014 · p. 10
|SectionRule 29.02 Written Evidence of Insurance
Filing RequirementsMandatory

The party submitting the order shall serve copies of the same as required by CR 5, and so certify.

C19LOCALRULES · Apr 2014 · p. 11
|SectionRule 30. Confirmation of Report of Sale
Filing RequirementsMandatory

The pretrial diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the listed statutory and no-offense conditions.

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. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant 6. Directing the defendant to comply with any other provision of KRS 533.030 or any other not to commit any offense during the period of pretrial diversion. condition the Court deems appropriate.

C19LOCALRULES · Apr 2014 · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, IV. Order of Pretrial Diversion
Filing RequirementsMandatory

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.

C19LOCALRULES · Apr 2014 · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

In applying for pretrial diversion, counsel for 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.

C19LOCALRULES · Apr 2014 · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6).

C19LOCALRULES · Apr 2014 · p. 12
|SectionTITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure
Filing RequirementsMandatory

The caption of each original complaint and intervening complaint shall show the address, if known, of each party. If a defendant is under disability, the caption shall state the nature of the disability and who shall be served.

Document
Complaint
Placement
Caption
C19LOCALRULES · Apr 2014 · p. 13
|SectionTITLE IX - MISCELLANEOUS, Rule 33. Caption of Original/Intervening Complaint
Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatory

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before one of the specified officials.

Court's wording

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified public notary, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

The parties and parties' counsel, if any, must sign all agreements and agreed orders.

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.01 Appearances, Waivers and Agreements
Filing RequirementsMandatory

AOC-238, Preliminary Verified Disclosure Statement, shall be filed in the Court record, unless parties or parties' counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsMandatory

Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.04 Custody Order or Modification of Custody Order or Decree
Filing RequirementsMandatory

xi. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340 shall be filed with the affidavit.

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05 Affidavits
Filing RequirementsMandatory

Affidavits supporting a motion to modify a temporary custody order or custody decree must state the order’s date and recording information, its substance, and the circumstances relied on for modification.

Court's wording

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: The date and recording information of the order or decree sought to be modified; The substance of the order or decree; and, The circumstances or the change of circumstances relied upon by the party seeking the modification.

C19FAMILYRULES · Jun 2016 · p. 5
|SectionRule 5 Domestic Relations Practice
Filing RequirementsMandatory

In dissolution, legal separation, or maintenance proceedings, the moving party must file a signed and notarized affidavit with the complaint containing the listed statements about the parties, their finances, children, military service, and pregnancy where applicable.

Court's wording

In each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was granted. II. Statement as to age and condition of health of affiant. 111. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. iv. Statement as to whether affiant is employed, the wages or salary received. V. Statement of affiant as to his or her other income. vi. Statement as to the age and health of respondent. vii. Statement of affiant as to whether respondent owns any real estate, and as to whether he is employed. viii. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. ix. Statement as to whether respondent is now or has been in the active military service of the United States at any time during the pendency of this action. x. If a woman, whether now pregnant.

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05 Affidavits
Filing RequirementsMandatory

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof

C19FAMILYRULES · Jun 2016 · p. 5
|Section5.05 Affidavits
Filing RequirementsMandatory

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the

C19FAMILYRULES · Jun 2016 · p. 6
|Section5.06 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

B. Affidavit of movant must fully explain the need for emergency for a period of up to thirty (30) days. custody, maintenance and/or support, and if applicable, why notice could not be given.

C19FAMILYRULES · Jun 2016 · p. 6
|Section5.06 Emergency Notice for Custody, Maintenance, or Support
Filing RequirementsMandatory

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in statute or contained in other documents or exhibits filed with the court, those chapters.

C19FAMILYRULES · Jun 2016 · p. 6
|Section6.01 Protection of Personal Identifiers
Filing RequirementsImportant

in Maintenance/Spousal Support Cases Section H of AOC-238, Preliminary Mandatory Disclosure, regarding In cases where maintenance and spousal support are not at issue, "Monthly Expenses" need not be completed.

C19FAMILYRULES · Jun 2016 · p. 4
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsNote

In cases where maintenance and spousal support are not at issue, any section of a mandatory disclosure form (such as AOC-238 or any subsequent replacement form) requiring the listing of monthly expenses need not be completed.

C19LOCALRULES · Apr 2014 · p. 7
|Section5.02 Preliminary Mandatory Disclosure
Filing RequirementsNote

C. Other days of special meaning, such as religious holidays, or national birthdays, should be decided together, written into the Court order, and alternated as above.

C19FAMILYRULES · Jun 2016 · p. 11
|SectionAppendix B — Local Time-Sharing/Visitation Guidelines
Filing RequirementsMandatoryCriminal cases

A diversion order must address restitution, supervision and applicable fees, duration, compliance with Probation and Parole rules, and no new offenses during diversion.

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. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant not to commit any offense during the period of the pretrial diversion.

C19PRETRIALDIVERSIONPROGRAM · Dec 1999 · p. 4
|SectionIV. Order of Pretrial Diversion

Filing & Service rules

Filing Timing and Cure Windows

For matters to be heard on Motion Day, the movant must lodge the motion or pleading with the court clerk at least four business days before the noticed hearing date, excluding Motion Day.

The movant, with respect to all matters to be heard on Motion Day, shall lodge the motion or pleading with the clerk of the court in which the action is filed not less than FOUR (4) BUSINESS DAYS (not counting the Motion Day) before the date noticed for hearing.

Page 2 | TITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 2. Notice to Clerk

Trial briefs and desired instructions in jury and bench civil cases are due no later than five days before trial.

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

Page 4 | Rule 5.02 Trial Briefs and Instructions

Each side must file criminal instructions no later than three days before trial.

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

Page 4 | Rule 5.02 Trial Briefs and Instructions

The signed and notarized affidavit must be completed within three days before judgment is tendered and filed with the judgment.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment

Page 8 | 5.06 Affidavits

An eligible person may apply for pretrial diversion after indictment, but no later than 30 days before trial.

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's Attorney for entry of a pretrial diversion order.

Page 11 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure

An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.

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's Attorney for entry of a pretrial diversion order

Criminal cases

Page 3 | III. Procedure

If no objections have been filed, an Order Confirming Sale may be filed ten days after the commissioner's Report of Sale is filed, and the Clerk submits it to the Court.

Ten (10) days after the filing of a commissioner's Report of Sale, and no objections having been filed thereto, an Order Confirming Sale may be filed with the Clerk of the Court, who shall submit the order to the Court.

Page 11 | Rule 30. Confirmation of Report of Sale

Service and Proof of Service Rules

Service by mail must be posted seven days before Motion Day, with actual service four days before; Motion Day is not counted.

Service by mail relative to the date the motion shall be heard shall be posted SEVEN (7) DAYS preceding Motion Day. Actual service shall be made FOUR (4) DAYS preceding Motion Day. Motion Day shall not be included as a day for these purposes.

Page 2 | TITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 1.05 Service

The stated distribution direction is to mail copies of covered orders to the listed plaintiff’s attorney at the stated address.

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

Page 3 | Rule 4.02 Service and Distribution

Notice must be given to all parties for an application for a custody order or modification.

Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

Page 7 | 5.04 Custody Order or Modification of Custody Order or Decree

If an entry of appearance does not waive notice, notice must be given of future proceedings, including the filing of exceptions and submission for judgment or decree.

If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.

Page 7 | 5.01 Appearances, Waivers and Agreements

A party seeking emergency temporary relief must give such notice as practicable.

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

Page 8 | 5.07 Emergency Notice for Custody, Maintenance, or Support

The party submitting an Order Confirming Sale must serve copies as required by CR 5, certify service, and serve the purchaser.

The party submitting the order shall serve copies of the same as required by CR 5, and so certify. The purchaser must also be served.

Page 11 | Rule 30. Confirmation of Report of Sale

All parties must receive notice of an application for a custody order or modification.

Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

Page 4 | 5.04 Custody Order or Modification of Custody Order or Decree

When an entry of appearance does not waive notice, notice must be given of future proceedings, including exceptions and submission for judgment or decree.

If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.

Page 4 | 5.01 Appearances, Waivers and Agreements

A party seeking an emergency temporary custody, maintenance, or support order must give such notice as practicable.

A. In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support

Page 6 | 5.06 Emergency Notice for Custody, Maintenance, or Support

Trial briefs and instructions should be served on opposing parties or counsel.

Briefs and instructions should be served on opposing parties or counsel.

Page 4 | Rule 5.02 Trial Briefs and Instructions

Courtesy Copy Requirements

Motions filed under KRS Chapter 403 must be sent to the Circuit Judge or the Judge’s secretary by fax, e-mail, or hand delivery at the same time they are filed with the clerk.

Any motions filed with the clerk in the 19th Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand-delivery to the Circuit Judge or Circuit Judge's secretary due to possibility of not having regularly scheduled Motion Day in the county where said motion is to be filed within any period prescribed by the FCRPP.

Page 9 | Rule DR 6.02 Motions Contemporaneously Sent to Judge

Any motions filed with the clerk in the 194 Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand- of not having regularly scheduled Motion Hour in the county where said delivery to the Circuit Judge or Circuit Judge's secretary due to possibility motion is to be filed within period prescribed by FCRPP.

Any motions filed with the clerk in the 194 Judicial Circuit under KRS Chapter 403 shall be contemporaneously sent by fax, e-mail or hand- of not having regularly scheduled Motion Hour in the county where said delivery to the Circuit Judge or Circuit Judge's secretary due to possibility motion is to be filed within period prescribed by FCRPP.

Page 7 | 6.02 Motions Contemporaneously Sent to Judge

Sealing & Redaction Procedures

When filed materials contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to the listed authorized persons.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, 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 the child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.

Page 9 | Rule DR 6.01 Protection of Personal Identifiers

File a redacted copy and an unredacted copy in a marked, sealed envelope; access to personal identifiers is restricted to authorized persons.

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 unredacted sealed copy of the pleading, document, or exhibit containing marked and sealed envelope. The clerk of the court shall allow the 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 and Family Services involved in child support matters attendant to the personnel, a duly authorized employee or agent of the Cabinet for Health case, or a person authorized to view the copy by specific orders of the Security number or tax-payer identification number, date of birth, or court. As used in this section, "personal identifier" means a Social financial account number.

Page 7 | Rule 6. Miscellaneous Rules Relating to Family Law Practice

Criminal instructions may, if requested, be filed under seal and withheld from opposing counsel.

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

Page 4 | Rule 5.02 Trial Briefs and Instructions

Pre-Motion Conference Requirements

Preliminary motions concerning jury or bench trials must be heard on a preceding Motion Day or at a pretrial conference, not on a trial day unless extraordinary cause is clearly proven.

All preliminary motions in regard to jury and bench trials shall be heard at a Motion Day preceding the trial or at a pre-trial conference. No preliminary motions shall be heard on jury and bench trial days except for extraordinary cause clearly proven to the Court.

Page 4 | Rule 5.03 Preliminary Jury and Bench Trial Motions

Chambers Communication Rules

Counsel in a relative adoption proceeding must contact the Court to determine the required background check or references.

Counsel in an adoption proceeding shall contact the Court to determine how much of a background check or references will be required in relative adoption cases.

Page 6 | Rule DR 3. Adoptions/Termination of Parental Rights

Do not send criminal-history requests to the local Pretrial Services Officer.

(DO NOT send requests to the local Pretrial Services Officer.)

Page 12 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure

Counsel in a relative adoption proceeding must contact the Court to determine the required background check or references.

Counsel in an adoption proceeding shall contact the Court to determine how much of a background check or references will be required in relative adoption cases.

Page 3 | Rule 3. Adoptions/Termination of Parental Rights

Petitioners seeking to initiate civil contempt proceedings should contact the Mason Circuit Clerk at 606-564-4011.

Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Mason Circuit Clerk, 606-564-4011

Page 3 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Fleming Circuit Clerk at 606-845-7011.

Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Fleming Circuit Clerk, 606-845-7011

Page 3 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Bracken Circuit Clerk, 606-735-3328

Page 3 | Contempt Proceedings

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

B. Petitioners seeking to initiate civil contempt proceedings (AOC Forms available) should contact: Bracken Circuit Clerk, 606-735-3328 Fleming Circuit Clerk, 606-845-7011 Mason Circuit Clerk, 606-564-4011

Page 16 | Contempt Proceedings

To access case records, contact the Circuit Court Clerk’s office by phone or in person.

Call or visit the office to access case records.

Page 1 | Requesting Court Case Records

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Bracken Circuit Clerk Bracken County Courthouse, Brooksville, KY 606-735-3328

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Bracken Circuit Clerk Bracken County Courthouse, Brooksville, KY 606-735-3328

Page 10 | III. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Fleming Circuit Clerk Fleming County Courthouse, Flemingsburg, KY 606-845-7011

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Fleming Circuit Clerk Fleming County Courthouse, Flemingsburg, KY 606-845-7011

Page 10 | III. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Mason Circuit Clerk Mason County Justice Building, Maysville, KY 606-564-4011

Petitioners seeking to initiate contempt proceedings should contact: (AOC Forms available) Mason Circuit Clerk Mason County Justice Building, Maysville, KY 606-564-4011

Page 10 | III. Contempt Proceedings

The Commonwealth must obtain the defendant's criminal history by calling AOC Pretrial Services, faxing the request, or another method; requests must not be sent to the local Pretrial Services Officer.

Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669, or otherwise obtain a criminal history of the defendant. (DO NOT send requests to the local Pretrial Services Officer.) KRS 533.252.

Page 12 | TITLE VIII - CLASS D FELONY PRETRIAL DIVERSION, III. Procedure

Common questions about Fleming County Circuit Court, Kentucky rules

Are courtesy copies required in Fleming County Circuit Court, Kentucky?

Details: delivery contemporaneously with filing. Motions filed under KRS Chapter 403 must be sent to the Circuit Judge or the Judge’s secretary by fax, e-mail, or hand delivery at the same time they are filed with the clerk.

View ruleSource: page 9, section Rule DR 6.02 Motions Contemporaneously Sent to Judge

Does Fleming County Circuit Court, Kentucky require a pre-motion conference or letter before filing a motion?

Preliminary motions concerning jury or bench trials must be heard on a preceding Motion Day or at a pretrial conference, not on a trial day unless extraordinary cause is clearly proven.

View ruleSource: page 4, section Rule 5.03 Preliminary Jury and Bench Trial Motions

What page or word limits apply to trial brief in Fleming County Circuit Court, Kentucky?

Fleming County Circuit Court, Kentucky's rule states these limits: 5 pages. Trial briefs may not exceed five pages.

View ruleSource: page 4, section Rule 5.02 Trial Briefs and Instructions

What formatting rules apply to filings in Fleming County Circuit Court, Kentucky?

Fleming County Circuit Court, Kentucky's formatting rule includes letter paper. All papers must use 8.5-by-11-inch paper.

View ruleSource: page 13, section TITLE IX - MISCELLANEOUS, Rule 32. Preparation of Filings

What must be included with summons filings in Fleming County Circuit Court, Kentucky?

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

View ruleSource: page 2, section I. Uniform Protocol for Handling Cases

What must be included with motion or pleading filings in Fleming County Circuit Court, Kentucky?

A copy of the notice must accompany the motion or pleading delivered to the clerk.

View ruleSource: page 2, section TITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 2. Notice to Clerk

How may parties contact Fleming County Circuit Court, Kentucky?

Counsel in a relative adoption proceeding must contact the Court to determine the required background check or references.

View ruleSource: page 6, section Rule DR 3. Adoptions/Termination of Parental Rights

How does Fleming County Circuit Court, Kentucky handle sealed or redacted filings?

When filed materials contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to the listed authorized persons.

View ruleSource: page 9, section Rule DR 6.01 Protection of Personal Identifiers

What filing deadlines does Fleming County Circuit Court, Kentucky set?

For matters to be heard on Motion Day, the movant must lodge the motion or pleading with the court clerk at least four business days before the noticed hearing date, excluding Motion Day.

View ruleSource: page 2, section TITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 2. Notice to Clerk

What rule applies to service by mail in Fleming County Circuit Court, Kentucky?

Details: method: service by mail, timing: before hearing. Service by mail must be posted seven days before Motion Day, with actual service four days before; Motion Day is not counted.

View ruleSource: page 2, section TITLE I - MOTION DAYS AND NOTICE OF MOTIONS, Rule 1.05 Service
Complete rules summary for Fleming County Circuit Court, Kentucky

Petitions seeking protection under KRS Chapter 403 or KRS Chapter 456 must use form AOC-275.1.

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Petitioners seeking to initiate civil contempt proceedings should contact the Bracken Circuit Clerk at 606-735-3328.

Petitioners seeking to initiate civil contempt proceedings should contact the Fleming Circuit Clerk at 606-845-7011.

Petitioners seeking to initiate civil contempt proceedings should contact the Mason Circuit Clerk at 606-564-4011.

A copy of the notice must accompany the motion or pleading delivered to the clerk.

Service by mail must be posted seven days before Motion Day, with actual service four days before; Motion Day is not counted.

For matters to be heard on Motion Day, the movant must lodge the motion or pleading with the court clerk at least four business days before the noticed hearing date, excluding Motion Day.

Motions must be in writing except when made orally during trial in chief.

Motions must precisely state the requested relief and include a supporting memorandum when these Local Rules specifically require one; noncompliance may be grounds for denial.

A motion notice may not state that the motion will be heard at the Court’s convenience; a violating motion will be returned and not docketed.

A motion for judgment or order must be accompanied by the requested judgment or order unless there is a cogent reason otherwise.

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

The stated distribution direction is to mail copies of covered orders to the listed plaintiff’s attorney at the stated address.

A motion filed with the clerk must include a tendered order and enough copies for the clerk to complete service, subject to an exception whose description is truncated in the text.

In jury and bench civil cases, each party must file a trial brief and desired instructions no later than five days before trial.

Trial briefs may not exceed five pages.

Trial briefs and desired instructions in jury and bench civil cases are due no later than five days before trial.

Trial briefs and instructions should be served on opposing parties or counsel.

Each side must file criminal instructions no later than three days before trial; if requested, they may be filed under seal and withheld from opposing counsel.

Criminal instructions may, if requested, be filed under seal and withheld from opposing counsel.

When maintenance and spousal support are not at issue, the monthly-expenses section of the mandatory disclosure form need not be completed.

Each side must file criminal instructions no later than three days before trial.

Preliminary motions concerning jury or bench trials must be heard on a preceding Motion Day or at a pretrial conference, not on a trial day unless extraordinary cause is clearly proven.

A motion to set a case for trial must state the nature of the action, whether a jury was demanded, and the estimated trial length.

A jury-trial date assignment motion in Bracken, Fleming, or Mason County must include the signed Certificate of Readiness in the prescribed wording.

An order permitting counsel to withdraw will not be signed until the motion is set on a regular Motion Day and is accompanied by a copy of a certified letter to the client and proof of that letter.

If the Court orders it, relevant pages of a condensed deposition transcript must be filed when the deposition is the subject of a motion.

Counsel in a relative adoption proceeding must contact the Court to determine the required background check or references.

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before one of the identified officials.

More Judges in Fleming County Circuit Court, Kentucky

Jeffrey L. Schumacher
Judge