Floyd Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • Upon Filing
Communication
Phone
Page & Word Limits5 rules
The objection shall be limited to five pages.
- Objection
- Up to 5 pages
The motion for reassignment shall be limited to five pages in length
- Motion for reassignment
- Up to 5 pages
- Reassignment motions
The motion for reassignment shall be limited to five pages in length.
- Motion
- Up to 5 pages
- Reassignment motions
Each party (or group of parties represented by common counsel) shall summarize the dispute with a brief statement not to exceed 250 words (or 500 words if submitted jointly).
d. Brief Summary of the Case. Each party (or group of parties represented by common counsel) shall summarize the dispute with a brief statement not to exceed 250 words (or 500 words if submitted jointly).
Document Format Requirements9 rules
If the parties do not agree on reassignment, the defendant must use Form AOC-BCD-2 and identify the qualifying counterclaim subject matter in the motion.
Court's wording
If an agreement regarding reassignment is not reached, the defendant shall submit a motion for reassignment on Form AOC-BCD-2 identifying the subject matter of the counterclaim that qualifies the case as appropriate for assignment to the Business Court Docket under BCR 2.1.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.
All Motions filed must have original signatures, except when submitted by the Judge for filing.
All motions, pleadings and orders shall be typewritten, and shall be double spaced, except legal descriptions of real property, or citations from statutes, codes, cases or
- Line spacing
- Double
- Motion
- Pleading
- Order
Formatting
- •Documents must be typewritten
Exception
Legal descriptions of real property, or citations from statutes, codes, cases or
The Clerk must stamp papers filed at the Clerk's office and mark papers filed in court “Filed in Court” with the Clerk's initials.
Court's wording
If filed in the Clerk's office, the paper shall be clocked in by the Clerk's official filing stamp . If the paper is filed directly with the Judge or Clerk in Court, the Clerk shall note upon the paper "Filed in Court" and affix his or her initials
Photostatic or other copies of records shall be made sufficiently large to be easily read
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
The parties may use the Case Management Report template attached to this Order as Appendix 1.
Document Filing Requirements97 rules
Petitions seeking protection under KRS Chapter 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.
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.
The complaint shall clearly identify in the style of the case that the matter is filed in the Jefferson Circuit Court Business Court Docket.
If reassignment agreement is not reached, the defendant must file a Form AOC-BCD-2 motion within the answer-or-response timeframe; the motion is limited to five pages and no response is allowed.
Court's wording
If an agreement regarding reassignment is not reached, the defendant shall file a motion for reassignment on Form AOC-BCD-2. The motion for reassignment shall be limited to five pages in length and shall be filed within the same timeframe required for serving an answer or response to the complaint. No response to the motion for reassignment shall be allowed.
If agreement to reassignment is reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying the subject matter of the Complaint that falls within the scope of BCR 2.1.
If an agreement to reassignment is reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying the subject matter of the counterclaim that falls within the scope of BCR 2.1.
A party may, by motion, request that the Court alter the process or schedule for the Case Management Meeting and Case Management Report. The motion must be supported by good cause, be filed as promptly as possible, and identify the reasons for the requested change.
The parties shall jointly file a Case Management Report
The report must explain whether the parties agree to early mediation and any agreements to facilitate an early mediation.
Additionally, the report must include a deadline for mediation (or competing proposals) and the name of any agreed-upon mediator.
If multiple related class actions are pending, the parties must report their views on special efforts to undertake and the timing of those efforts.
Court's wording
If multiple related class actions are pending, the parties must report their views on special efforts that should be undertaken and the time for doing so, such as the appointment of lead counsel, consolidation, or coordination with proceedings in other jurisdictions.
The parties are required under BCR 4.2(m) to consider whether a special master or discovery referee may assist the efficient resolution of certain issues in the case, and if so determined, to summarize their views in the Case Management Report as required under BCR 4.3(g).
The proposed order shall state that all parties are aware of and do not oppose entry of the order.
Before submitting a proposed order to the Business Court Docket judge, the parties must confer in an effort to agree to all applicable terms of the proposed order.
Additionally, the report must include a deadline for mediation (or competing proposals) and the name of an agreed-upon mediator.
If the parties do not agree to early mediation, then the report must confirm that counsel have discussed with their client(s) the cost of litigation and the potential cost savings that may be realized by an early mediation.
[INSERT DATE AND SIGNATURE BLOCKS]
Include
- •Insert the date and signature blocks
The parties have contacted the Court’s administrative staff by telephone as required pursuant to BCR 4.2, and the Case Management Conference is scheduled for ____________, at ___ _.m.
At the Case Management Meeting, the parties must consider whether a special master or discovery referee may assist and, if so, summarize their views in the Case Management Report.
Court's wording
Under BCR 4.2(m), the parties are required to consider at the Case Management Meeting whether a special master or discovery referee may assist the efficient resolution of certain issues in the case, and if so determined, to summarize their views in the Case Management Report as required under BCR 4.3(g) (see Appendix 1).
Within sixty (60) days of the appointment, the Guardian ad Litem shall file and Answer on behalf of the Respondent or a Report stating that, after careful examination of the case he/she is unable to present a defense on their behalf.
Motions for Compensation shall be accompanied by an Affidavit stating: 2. The hours of service rendered with a brief description of the services rendered and 1. The Statutory basis for the appointment. reasonableness of the fee requested; and 3. That the action or proceeding has been concluded.
An attorney seeking permission to review or copy a paternity file must sign a statement restricting what information may be shared with the client.
Court's wording
Pursuant to KRS 406.035, 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, including information relating to domestic violence or child abuse as well as the addresses of the parties.
Dependency petitions must be filed in accordance with FCRPP 20, with the original filed with the Floyd Family Court Clerk's Office.
Court's wording
All petitions shall be filed in accordance with FCRPP 20 and copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Floyd Family Court Clerk.
The clerk's office shall grant an attorney access to a paternity file upon receipt of either the attorney's permission request or a party's signed and notarized release authorizing inspection.
Court's wording
Upon receipt of the Floyd, Knott, or Magoffin Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Floyd, Knott, or Magoffin Family Court 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.
Any petition filed with this 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 addresses). The but not limited to, initiating contact with the Child Support Division of the petitioner shall make diligent efforts to locate the child's parents, including Floyd, Knott, or Magoffin County Attorney's Office.
At the dispositional hearing, CHFS must complete form DNA 12 and explain any separation of siblings.
Court's wording
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.
However, in the 31" and 36" Judicial Circuits, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition. The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
All Agreements and Agreed Orders shall contain the correct mailing and/or e-mail addresses for the attomeys and parties.
Attorneys or parties may file a Motion to Submit a dissolution matter for Final docket, which shall contain executed Notices and Waivers of Hearings and/or Decree, and submit same directly to the Judge for approval by the Court off-
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting
A schedule of sessions and brochure shall accompany this notification of requirement to attend.
- Document
- Divorce education program attendance notification
Must include
- •A schedule of sessions and brochure
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.
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, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other paper
Must include
- •Case number
A Family Court Case Data Sheet must be fully completed in all cases.
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.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
shall be made on form AOC-275.1
The reviewing judge must indicate in the petition whether the action is a domestic violence action or an interpersonal protective order action.
Court's wording
The Judge reviewing a petition for an order of protection shall indicate in the 'Court 1 0 12 Actioni 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.
The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2).
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The diversion order must include applicable restitution, supervision terms and fees, duration, compliance with Probation & Parole rules, and specified conduct 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 ofprobation- 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 .
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).
Facilitator personnel must file a course-completion certificate with the Clerk for placement in the litigant’s case file.
Court's wording
Domestic Facilitator Group personnel shall file with the Clerk of the Court, to be placed in the litigants' case file, a Certificate showing successful course completion by the litigant within Ten (10) days after the litigant's successful completion of the required course
The participant list must be provided to the Clerk, a true copy must be provided to the Circuit Judges, and the list must note each participant’s fee status; collected fees must be turned over to the Floyd County Bar Association.
Court's wording
and together with a list of litigants who attended, shall turn over said funds to the following Court personnel: a) List of participants to the Clerk of the Court who shall maintain a file for the collection of such lists ; b) Fees collected to Floyd County Bar Association ; And further provide a true copy of the list filed with the Clerk to the Circuit Judges. This list shall contain notations as to whether the participants have paid the required fee, failed to pay the required fee, or were exempt from payment because of a Court Order allowing the litigant to proceed informa pauperis.
Domestic Facilitators Group personnel shall, with the notification of a litigant's failure to participate, also tender to the Court, a proposed Order or letter, as the issuing Court may direct, sufficient for execution by the Court, to be sent or served upon the non-participating litigant to inform the litigant
Domestic Facilitators Group personnel shall file with the Courts notification concerning litigants who has failed to participant in the Program within Ten (10) days of the their failure.
A proposed Show Cause Order, sufficient for execution, shall be tendered by Domestic Facilitators Group personnel with its notification of non-participation as required by this numeral paragraph, should the Court direct .
The motion shall state the date when it will be brought up for hearing and shall contain a certificate of service showing by what means and when it was served on opposing parties .
- Document
- Motion
Must include
- •Certificate of service
Before a civil case is heard at a pretrial conference, the parties must complete the pleadings and identify issues, complete or certify discovery, take and file specified deposition testimony, and submit expected trial maps, diagrams, or photographs, unless good cause or a court order provides otherwise.
Court's wording
Except for good cause shown or as otherwise modified by order of the Court, before a case is heard at the pretrial conference the parties shall comply with the following : 1 . Pleadings shall be completed and issues identified . 2. Discovery proceedings completed, or certified to be completed prior to trial date . 3. Medical, technical and expert testimony, if by deposition, to be taken and filed . 4. Submit any maps, diagrams or photographs expected to be used at trial .
If no pretrial order is entered at the conference, attorneys must prepare and submit one incorporating the specified matters.
Court's wording
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulation of the parties and any other matter designated by the Court not later than 10 days following the pretrial conference.
The defendant's attorney must submit in writing the motions the attorney expects to offer.
Court's wording
The attorney appearing for the defendant at arraignment, unless previously relieved by order, shall be in attendance at the pretrial conference and shall submit such written motions as the attorney shall expect to offer in the case at least ten (10) days prior to the conference
All motions and pleadings shall contain the name, address and phone number of movant's counsel
Filing & Service rules
Electronic Filing Rules
Cases identified for assignment to the Business Court Docket must be filed electronically through the Kentucky Court of Justice eCourts system.
A case identified by any plaintiff as appropriate for assignment to the Business Court Docket shall be filed electronically in the Kentucky Court of Justice eCourts system.
Civil cases
Page 6 | BCR 3.1 Assignment to the Business Court Docket
Unopposed motions pursuant to CR 6.02 that (a) do not expand the time for filing a jury trial demand or the completion of discovery, and (b) do not alter the dispositive motion deadline or the scheduled trial date, may be presented to the Business Court Docket judge electronically through a proposed order only.
Unopposed motions pursuant to CR 6.02 that (a) do not expand the time for filing a jury trial demand or the completion of discovery, and (b) do not alter the dispositive motion deadline or the scheduled trial date, may be presented to the Business Court Docket judge electronically through a proposed order only.
Civil cases
Page 17 | BCR 5.4 Unopposed Motions for Enlargement of Deadlines
Filing Timing and Cure Windows
Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless unavailability makes that impossible.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 4 | Twenty-four Hour Accessibility
A defendant objecting to assignment must file an objection stating its basis within the timeframe required by CR 12.01.
A defendant objecting to the assignment of the case to the Business Court Docket shall, within the timeframe required by CR 12.01, file an objection setting forth the basis therefore.
Civil cases
Page 6 | BCR 3.1 Assignment to the Business Court Docket
Filing an objection does not stay other filing obligations, including the CR 12.01 deadline for a responsive pleading or motion.
The filing of an objection shall not constitute a stay of any other filing obligation, including the obligation to file a responsive pleading or motion within the timeframe required by CR 12.01.
Civil cases
Page 7 | BCR 3.1
A motion for reassignment must be filed within the timeframe for serving an answer or response to the complaint.
The motion for reassignment shall be limited to five pages in length and shall be filed within the same timeframe required for serving an answer or response to the complaint.
Civil cases
Page 7 | BCR 3.2(b)
Filing a motion for reassignment does not stay other filing obligations, including the CR 12.01 deadline for a responsive pleading or motion.
The filing of a motion for reassignment shall not constitute a stay of any other filing obligation, including the obligation to file a responsive pleading or motion within the timeframe required by CR 12.01.
Civil cases
Page 8 | BCR 3.2(d)
The parties must jointly file the Case Management Report by the fifteenth day after the Case Management Meeting.
The parties shall jointly file a Case Management Report no later than the fifteenth day after the Case Management Meeting.
Civil cases
Page 13 | BCR 4.3 Case Management Report
Non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions must be filed, clocked, and noticed by 3:00 p.m. three business days before the appropriate docket.
All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand-delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
Motions filed and noticed fewer than seven days before a hearing are automatically passed to the next Motion Hour.
All motions filed and noticed for a hearing in less than seven (7) days shall be automatically passed to the next Motion Hour.
Page 6 | 203 Deadline for Serving and Filing Motions
Motions under FCRP 201(A) must be filed and noticed at least seven days before the next regularly scheduled motion docket.
All motions pursuant to FCRP 201(A) shall be filed and noticed for hearing no less than seven (7) days from the date of the next regularly scheduled motion docket.
Page 6 | 203 Deadline for Serving and Filing Motions
A written objection and request for hearing must be filed within 10 days of the date in the Certificate of Service to avoid submission without a hearing.
unless a written objection and request for hearing is filed within ten (10) days of the date contained in the Certificate of Service.
Page 7 | RULE 5 PATERNITY
The Guardian ad Litem must file the required Answer or Report within 60 days of appointment.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file and Answer on behalf of the Respondent or a Report stating that, after careful examination of the case he/she is unable to present a defense on their behalf.
Page 8 | 503 Guardians ad Litem Appointed for Actions Filed Pursuant to KRS 406
Documents intended as final-hearing exhibits must be produced within 30 days of the Final Hearing.
The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.
Page 11 | 701 Required Case Information
The Permanency Hearing Report is due to the Court 72 hours before the Court date.
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.
Page 11 | 609 Permanency Hearing/Review
If no objection is filed within 10 days after service of the summons, petition, and motion, the Court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 11 | 701 Required Case Information
An entry and appearance must not be signed before the petition is filed.
No entry and appearance shall be signed prior to the filing of a petition.
Page 12 | 702 Appearances, Waivers, and Agreements
An eligible person may apply for pretrial diversion after indictment, but must do so no later than 60 days before trial.
After indictment in circuit court, and no later than sixty (60) days before trial, any person eligiblefor the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | PROCEDURE
The course-completion certificate must be filed within ten days after the litigant completes the required course.
Domestic Facilitator Group personnel shall file with the Clerk of the Court, to be placed in the litigants' case file, a Certificate showing successful course completion by the litigant within Ten (10) days after the litigant's successful completion of the required course
Page 3 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
The failure-to-participate notification must be filed within ten days of the litigant’s failure to participate.
Domestic Facilitators Group personnel shall file with the Courts notification concerning litigants who has failed to participant in the Program within Ten (10) days of the their failure.
Page 4 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
Motions for a motion day must be filed and clocked by 4:00 p.m. on the preceding Tuesday; late motions are automatically passed to the next motion day unless an emergency situation applies.
All motions, civil and criminal, to be heard at motion day shall be filed and clocked no later than 4 :00 o'clock p .m . on the Tuesday preceding the appropriate motion day . Motions filed after said time except in an emergency situation, shall automatically be passed to the next following motion day and placed by the clerk on the next appropriate motion docket .
Page 11 | RULE 3. MOTION DAYS
If no pretrial order is entered at the conference, attorneys must submit it no later than 10 days after the conference.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulation of the parties and any other matter designated by the Court not later than 10 days following the pretrial conference.
Page 13 | RULE 5. PRETRIAL CONFERENCE—CIVIL CASES
The defendant's attorney must submit expected motions at least ten days before the pretrial conference.
The attorney appearing for the defendant at arraignment, unless previously relieved by order, shall be in attendance at the pretrial conference and shall submit such written motions as the attorney shall expect to offer in the case at least ten (10) days prior to the conference
Page 14 | RULE 7. PRETRIAL CONFERENCE—CRIMINAL CASES
No further motions may be offered after the pretrial conference without leave of Court, which may be granted for the stated excusable-neglect circumstances or in the interest of justice.
No additional motions maybe offered after pretrial conference except by leave of Court upon a showing of excusable neglect if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of pretrial conference or in the interest of justice
Page 14 | RULE 7. PRETRIAL CONFERENCE—CRIMINAL CASES
The joint statement must be submitted within 10 days after mediation terminates.
This statement shall be submitted within 10 days of the termination of mediation .
Page 20 | REPORTING TO THE COURT
A Domestic Relations schedule must be filed within 15 days after a petition is filed.
A Domestic Relations schedule shall be filed within fifteen (15) days from the filing of a petition .
Page 22 | RULE 4. DOMESTIC MOTIONS
A plaintiff may file an objection stating its basis within the time required by CR 12.01.
A plaintiff objecting to the reassignment of the case to the Business Court Docket may, within the timeframe required by CR 12.01, file an objection setting forth the basis therefore.
Civil cases
Page 9 | BCR 3.3
Service and Proof of Service Rules
Emergency Dependency, Neglect and Abuse and Status motions may be made any day of the week with appropriate notice to the parties and approval from an assistant county attorney.
Emergency Dependency, Neglect and Abuse and Status motions may be made on any day of the week, with appropriate notice to the parties, upon approval of an assistant county attorney.
Page 5 | 201 Regular Motion Hour Schedule
Copies of the specified non-emergency motions must be sent by mail, hand delivery, or electronic transmission.
All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand-delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
A social worker granted an Emergency Custody Order must provide a copy to the agency.
If a Cabinet for Health and Social Services social worker is granted an ECO, the social worker is to provide a copy to the agency.
Page 9 | 601 Procedure for Emergency Custody Orders
A copy of each dependency petition must be distributed to the assistant county attorney assigned to prosecute dependency actions.
All petitions shall be filed in accordance with FCRPP 20 and copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Floyd Family Court Clerk.
Page 9 | 602 Petition
The party seeking an Emergency Custody Order must receive a copy before leaving the Family Court Clerk's Office.
A copy shall be provided to the party seeking the ECO prior to leaving the Floyd Family Court Clerk's Office.
Page 9 | 601 Procedure for Emergency Custody Orders
The judge may allow a Temporary Removal or adjudicatory hearing to proceed without service on the non-custodial parent only if the petitioner’s diligent efforts to serve the other parties, including efforts to locate an absent parent, are established on the record.
The judge may permit the Temporary Removal Hearing or the adjudicatory hearing 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 the 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 10 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
All parties must be served with notice of an attorney's request to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 10 | 606 Duty of Guardian ad Litem and Parent Attorney to Continue
After the hearing, the petitioner must continue making 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 10 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
The clerk must include a copy of the Status Quo Order motion for service with the summons and petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 11 | 701 Required Case Information
The respondent must notify the petitioner of the motion without assistance from the clerk.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 12 | 701 Required Case Information
The parties must exchange and provide the required property-mediation materials to the mediator at least five working days before the mediation conference.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:
Page 12 | 705 Mediation
A person seeking an order for confidential video records must give notice of the written motion to all parties, including the child’s Guardian ad Litem, if any.
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 16 | RULE 9 MISCELLANEOUS — 905 Requests for Confidential Video Records
A motion's certificate of service must state the method and timing of service on opposing parties.
The motion shall state the date when it will be brought up for hearing and shall contain a certificate of service showing by what means and when it was served on opposing parties .
Page 11 | RULE 3. MOTION DAYS
The hearing notice is served upon the opposing parties; the text does not specify the service method or timing.
The time and date and place of the hearing shall be included in the notice served upon the opposing parties .
Page 22 | RULE 4. DOMESTIC MOTIONS
The order’s certificate states that an attested copy was served by mail or hand delivery on the mediator, attorneys of record, and parties proceeding pro se.
This is to certify that an attested copy of the within Order was served by mail or hand delivery to the following on this the day of , 199
Page 27 | CERTIFICATE OF SERVICE
Discovery served before the Case Management Meeting is deemed served on the day after the meeting.
Any discovery served prior to the Case Management Meeting shall be deemed served on the day following the Case Management Meeting.
Civil cases
Page 13
Motions on Post Decree, i .e . (domestic relations), matters should also give ten days notice prior to the date requested for the hearing, with notice on these matters to be given to the parties involved, in addition to the attorney of record .
Motions on Post Decree, i .e . (domestic relations), matters should also give ten days notice prior to the date requested for the hearing, with notice on these matters to be given to the parties involved, in addition to the attorney of record .
Page 12 | RULE 4. DOMESTIC MOTIONS
Notice to the applicable County Attorney may be provided by placing copies of the notice and motion in that County Attorney's basket at the Family Court Clerk's Office.
Notice to the Floyd, Knott, or Magoffin County Attorney may be accomplished by placing a copy of the notice and motion in the respective County Attorney basket located in the respective Family Court Clerk's Office.
Page 6 | 203 Deadline for Serving and Filing Motions
Filing Fees and Waivers
The $50 reopening fee is not paid for specified Title IV-D child-support motions, but applies to subsequent child-support, custody, or visitation motions filed by private counsel or a pro se party unless the motion is brought 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 subsequent motions regarding child support, custody or visitation are brought by a private or enforcement. However, where an action is initiated pursuant to Title IV-D but 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 8 | 502 Reopening Fee
The Domestic Facilitators Group is compensated $25 per required participant, less 10%, with payment due within five days after collected fees are turned over to the Floyd County Bar Association; payment must be by check or another record-establishing instrument.
The Domestic Facilitators Group shall be compensated in the sum of $25.00 per litigant, less 10%, who is required to participate in the Program and shall be paid within Five (5) days after fees collected by Domestic Facilitators Program personnel are turned over to the Floyd County Bar Association pursuant to numeral paragraph 2 above. Payment shall be by check or other appropriate instrument establishing a record of payment. In the event of payment by check, the payee shall be the Domestic Facilitators Group or other such name, as the Program Managers so direct.
Page 5 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
Litigants declared indigent by the Court through an Informa Pauperis Order participate without charge unless the Court specifies otherwise in an appropriate order.
Participating litigants who have been declared indigent by the Court, upon the issuance of an Informa Pauperis Order in the litigant's case, shall participate in the Program without charge unless otherwise specified by the Court in an appropriate Order filed in the litigant's case .
Page 6 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
A $10 Commissioner’s fee is collected when each motion is filed and paid in advance of a hearing; it entitles the party to a hearing of no more than 15 minutes.
The Domestic Relations Commissioner shall be entitled to collect the sum of ten dollars ($10 .00) in advance of conducting a hearing upon any motion filed . The Clerk shall collect the ten dollar ($10.00) fee for the Domestic Relations Commissioner when each motion is filed . The payment of the ten dollar ($10.00) fee in advance will entitle the party to a hearing of no more than one-fourth (1/4) of an hour .
Page 22 | RULE 4. DOMESTIC MOTIONS
A party proceeding in forma pauperis is not required to pay fees.
Fees shall not be required from a party proceeding in forma pauperis .
Page 23 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
The Domestic Relations Commissioner’s fee is capped at $600 per case unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown.
The maximum fee which may be accessed by the Domestic Relations Commissioner in any case, regardless of the number or length of hearings, shall be six hundred dollars ($600 .00), unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown .
Page 23 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
A fee is collected for each motion, whether the motions are filed separately or together.
The fee shall be collected upon each motion whether filed separately or together .
Page 23 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
The Commissioner must assess an additional fee as necessary when a matter exceeds its anticipated time.
The Commissioner shall assess such additional fee as is necessary in matters which exceed the anticipated times .
Page 23 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
Additional fees for a reopened case may total no more than $200 unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown.
If a case is reopened, additional fees totalling not more than two hundred dollars ($200 .00) may be accessed unless a greater fee is recommended by the Circuit Court and approved by the Chief Justice for extraordinary circumstances shown .
Page 23 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
Families in divorce proceedings involving minor children may be ordered to attend the Divorce Education Program, and qualifying families may use a sliding fee scale.
Families involved in a divorce proceeding where there are minor children may be ordered to participate in a Divorce Education Program. A sliding scale regarding fees for the program is available for qualifying families.
Page 12 | 703 Divorce Education Program
The Court may assess additional costs against litigants whose failure to participate caused extraordinary Program expenses if the Judge deems it appropriate.
Litigants who have caused the Program to incur extraordinary expense because of the litigant's failures to participate may, within the discretion of the Court, be assessed additional costs should the Judge of the litigant's case deem same appropriate .
Page 6 | DOMESTIC FACILITATORS EDUCATIONAL PROGRAM — AMENDED ORDER OF PROCEDURE
The Commissioner’s fees are prorated to the quarter hour.
The fees shall be prorated to the quarter hour .
Page 22 | RULE 4. DOMESTIC MOTIONS
The Commissioner’s fee is $40 per hour, assessed at $10 for every quarter hour or part thereof.
That pursuant to the Administrative Procedures of the Court of Justice, Part IV, Section IV, the Domestic Relations Commissioner shall be entitled to receive a fee of forty dollars ($40 .00) per hour, assessed at a rate of ten dollars ($10 .00) for every quarter hour or part thereof .
Page 22 | RULE 4. DOMESTIC MOTIONS
The Domestic Relations Commissioner is entitled to compensation of $40 per hour for matters heard or referred to the Commissioner.
The Domestic Relations Commissioner shall be entitled to compensation for matters heard by or referred to the Commissioner in the amount of Forty ($40 .00) Dollars for each hour.
Page 22 | RULE 4. DOMESTIC MOTIONS
Courtesy Copy Requirements
File an original and one copy of each motion, placing the original in the Court file and the copy in the Domestic Relations Commissioner’s box.
An original and one (1) copy of all motions shall be filed . The original shall be placed in the Court file and the copy placed in the Domestic Relations Commissioner's box.
Page 22 | RULE 4. DOMESTIC MOTIONS
Sealing & Redaction Procedures
A party seeking to file and maintain materials under seal bears the burden of establishing the need for restricted access and filing under seal.
the party seeking to file and maintain materials under seal bears the burden of establishing restricted access and the need for filing under seal.
Civil cases
Page 18 | BCR 5.7 Confidentiality/Protective Orders
Materials to be filed under seal must be hand delivered with clear instructions to the Office of the Circuit Court Clerk.
any materials to be filed under seal must be hand delivered with clear instructions to the Office of the Circuit Court Clerk.
Civil cases
Page 19
Temporary Custody Orders granted 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 6 | 302 Temporary Custody Order
The clerk’s office generally may not release covered confidential video records without a specific written order, except in paternity actions; the restriction does not apply to qualifying certified public officers or employees, who may use and distribute the information only for investigation or prosecution of offenses under Kentucky law.
The Floyd, Knott, or Magoffin County Circuit Court Clerk's office shall not release any copies of Floyd, Knott, or Magoffin Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge. 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 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 16 | RULE 9 MISCELLANEOUS — 905 Requests for Confidential Video Records
The clerk’s office must not release a covered Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 17, the Floyd, Knott, or Magoffin County Circuit Court Clerk's Office shall not release any Floyd, Knott, or Magoffin Family Court video in-chamber interviews with children without a specific written order from the Family Court Judge.
Page 16 | RULE 9 MISCELLANEOUS — 904 Video Copies of In-Chamber Interviews with Children
Mediation documents and communications are confidential, not subject to disclosure or discovery, and inadmissible in judicial or administrative proceedings, unless the rule provides otherwise or the Court orders otherwise for good cause.
Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed . They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding
Page 18 | CONFIDENTIALITY
Parties should limit the materials they seek to file under seal.
Parties should limit the materials that they seek to file under seal
Civil cases
Page 18 | BCR 5.7 Confidentiality/Protective Orders
Parties and counsel should treat filed documents as publicly available and assume that restricting public access is appropriate only in limited circumstances.
Parties and counsel should assume that all documents filed in the Business Court Docket are publicly available and that restricting public access is appropriate only in limited circumstances as set forth in this Rule.
Civil cases
Page 18 | BCR 5.7 Confidentiality/Protective Orders
A party may submit, by motion or with all parties’ agreement, a proposed order concerning confidential documents; the excerpt continues beyond this text.
A party by motion or with the agreement of all parties may submit to the Business Court Docket judge a proposed order governing the designation, production, and use of confidential documents and
Civil cases
Page 18 | BCR 5.7 Confidentiality/Protective Orders
For covered personal identifiers, parties must file a redacted copy and a marked, sealed unredacted copy with access limited to authorized persons; documents in actions deemed confidential by statute need not be redacted, and access is governed by the specified rules and statutes.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by FCPR 504 and 505 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 15 | RULE 9 MISCELLANEOUS — 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
No response to an objection to assignment is allowed.
No response to the objection shall be allowed.
Civil cases
Page 6 | BCR 3.1 Assignment to the Business Court Docket
Before seeking reassignment by motion, a defendant must first attempt to reach agreement with the plaintiff; if they agree, counsel must submit the specified agreed order.
If a plaintiff fails to identify a case as appropriate for assignment to the Business Court Docket under BCR 3.1(a), but any defendant believes such assignment is appropriate, that defendant shall first attempt to reach an agreement with the plaintiff regarding reassignment of the case to the Business Court Docket. If agreement to reassignment is reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying the subject matter of the Complaint that falls within the scope of BCR 2.1.
Civil cases
Page 7 | BCR 3.2(a)
A response to a motion for reassignment is not allowed.
No response to the motion for reassignment shall be allowed.
Civil cases
Page 7 | BCR 3.2(b)
A response to the motion is due within seven days after service, and no reply is permitted.
Any response to the motion must be filed within seven days of service of the motion, and no replies are permitted.
Civil cases
Page 11 | BCR 4.2 Case Management Meeting
A party may move to modify the Case Management Order on a showing of good cause, but only after consulting all other parties.
Any party may move to modify the terms of the Case Management Order on a showing of good cause but may do so only after consultation with all other parties.
Civil cases
Page 16 | BCR 4.5
Specified motions are placed on the regular docket and submitted without a hearing unless a written objection and request for hearing is filed within 10 days of the date in the Certificate of Service.
Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointment of Guardian ad Litem, for Guardian ad Litem fees, and to compel discovery shall be objection and request for hearing is filed within ten (10) days of the date contained in the placed on the regular docket and shall be as submitted to the Court unless a written Certificate of Service.
Page 7 | RULE 5 PATERNITY
Default-judgment motions must be noticed for a hearing or filed to stand submitted, and the Court will assign a hearing date if it determines one is necessary.
Motions for default judgments for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall be noticed for a hearing before the Court or filed with the Court and stand submitted upon filing. If the court determines a hearing is necessary under CR 55.01, a hearing date will be assigned.
Page 7 | RULE 5 PATERNITY
Motions to modify, suspend, or terminate child support, or to determine child-support arrearages, must be scheduled for a hearing.
Motions to modify, suspend, or terminate child support and to determine arrearages accrued on child support orders shall be scheduled for hearing.
Page 8 | RULE 5 PATERNITY
Before filing a motion concerning discovery, counsel must contact opposing counsel.
Motions concerning any discovery matter shall not be filed unless counsel has contacted opposing counsel
Page 15
Before filing a motion requiring a hearing of more than 15 minutes before the Domestic Relations Commissioner, moving counsel must schedule the hearing and provide its anticipated length.
Prior to the filing of a motion requiring a hearing in excess of fifteen (15) minutes to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing .
Page 21 | RULE 4. DOMESTIC MOTIONS
Adjournment & Extension Requirements
The Court will accept agreed orders continuing a pretrial conference or trial date only upon a showing of good cause.
The Court will not accept agreed orders to continue, either pretrial conferences or trial dates except upon a showing of good cause.
Page 13 | RULE 5. PRETRIAL CONFERENCE—CIVIL CASES
A mediation conference must be held within 30 days after the order unless the court extends the period; leave for an extension is granted for good cause shown.
which shall be held within thirty (30) days from the entry of the order, unless extended with leave of court which shall be granted for good cause shown .
Page 17 | MEDIATION CONFERENCES
Qualifying unopposed CR 6.02 motions to enlarge deadlines may be presented electronically through a proposed order only; they must not extend the jury-demand or discovery-completion deadlines or alter the dispositive-motion deadline or scheduled trial date.
Unopposed motions pursuant to CR 6.02 that (a) do not expand the time for filing a jury trial demand or the completion of discovery, and (b) do not alter the dispositive motion deadline or the scheduled trial date, may be presented to the Business Court Docket judge electronically through a proposed order only.
Civil cases
Page 17 | BCR 5.4 Unopposed Motions for Enlargement of Deadlines
The Business Court Docket judge may grant or deny an unopposed motion to enlarge deadlines.
An unopposed motion for the enlargement of deadlines may be granted or denied by the Business Court Docket judge.
Civil cases
Page 18 | BCR 5.4 Unopposed Motions for Enlargement of Deadlines
Chambers Communication Rules
Counsel must telephone the Court’s administrative staff to schedule the Case Management Conference before completing the Case Management Meeting.
Counsel for the parties shall contact the Court’s administrative staff by telephone to schedule the Case Management Conference before completing the Case Management Meeting.
Civil cases
Page 13
Counsel of record for every party must be included on all email exchanges to avoid ex parte communication.
To avoid ex parte communication, counsel of record for all parties shall be included on all email exchanges.
Civil cases
Page 18 | BCR 5.6 Use of Email for Other Communications
The parties are required under BCR 4.2 to contact the Court’s administrative staff by telephone.
The parties have contacted the Court’s administrative staff by telephone as required pursuant to BCR 4.2, and the Case Management Conference is scheduled for ____________, at ___ _.m.
Civil cases
Page 22
For an Emergency Custody Order after working hours or on weekends, the on-call District Court judge or trial commissioner must be contacted.
After working hours, 4:00 p.m. to 8:00 a.m. Monday through Friday and on weekends, the on-call District Court judge or trial commissioner shall be contacted.
Page 9 | 601 Procedure for Emergency Custody Orders
Persons seeking an Emergency Custody Order during normal working hours must go to the Family Court Clerk's Office on weekdays, excluding holidays.
During normal working hours, 8:00 a.m. to 4:00 pm. Monday through Friday, to the Floyd, Knott, or Magoffin County Judicial Center's Family Court Clerk's excluding holidays, persons seeking an Emergency Custody Order (ECO), shall come Office.
Page 9 | 601 Procedure for Emergency Custody Orders
The Court must be notified of a settlement at least five days before the assigned trial date.
If any cases are settled prior to trial date, the Court shall be notified at least five (5) days prior to the day assigned for the trial and if such notification is not given, the responsible party shall be assessed the actual fee and expense for each juror present, as well as any additional costs the Court may assess.
Page 13 | RULE 5. PRETRIAL CONFERENCE—CIVIL CASES
Moving counsel must contact the Domestic Relations Commissioner before filing a motion requiring a hearing of more than 15 minutes, to schedule it and provide the anticipated length.
Prior to the filing of a motion requiring a hearing in excess of fifteen (15) minutes to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing .
Page 21 | RULE 4. DOMESTIC MOTIONS
The judge may schedule and hear by telephone argument on other matters and motions that do not require an in-person appearance, with adequate notice to all parties.
The Business Court Docket judge shall have full discretion to consider resolution of other matters and motions not requiring an in-person court appearance by scheduling and conducting argument via telephonic conference, with adequate notice to all parties.
Civil cases
Page 18 | BCR 5.5 Use of Telephonic Conferences
The judge and parties may address scheduling and housekeeping matters by telephone, provided all parties receive adequate notice and an opportunity to participate.
The Business Court Docket judge and the parties may address scheduling and housekeeping matters by telephonic conference as a matter of course with all parties having adequate notice and the opportunity to participate in such calls.
Civil cases
Page 18 | BCR 5.5 Use of Telephonic Conferences
If a matter is resolved before its hearing, the Domestic Relations Commissioner must be promptly notified.
If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified .
Page 22 | RULE 4. DOMESTIC MOTIONS
Petitioners may contact their respective family court clerk's office to seek civil contempt charges.
2. Or, the petitioners may contact their respective family court clerk's office to seek civil contempt charges.
Page 5 | IV. Contempt Proceedings
The judge and counsel of record are encouraged to use email to request scheduling of teleconferences, hearings, and arguments and to report submission or withdrawal of a pending motion.
The Business Court Docket judge and all counsel of record are encouraged to use email to request the scheduling of teleconferences, hearings and arguments, and to advise the Business Court Docket judge of the submission or withdrawal of any pending motion.
Civil cases
Page 18 | BCR 5.6 Use of Email for Other Communications
Petitioners may contact their family court clerk's office to seek civil contempt charges.
2. Or, the petitioners may contact their respective family court clerk's office to seek civil contempt charges.
Page 21 | IV. Contempt Proceedings