Franklin Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The Court may grant a party leave to file a memorandum after its filing date.
- A party unable to attend an assigned hearing must promptly notify the serving party, serving counsel, and the Clerk; the parties may agree to a continuance for the same day the following week or another mutually agreed time, but good cause is required for any additional continuance after the first.
- Extensions and continuances are granted only for good cause, with supporting reasons stated on the record, subject to applicable law.
- +3 more
Request must include
- Cancellations or rescheduling must be made in writing and filed with the Circuit Court Clerk at least five business days before the scheduled date.
Page & Word Limits1 rule
Supporting memoranda to motions shall not exceed twenty (20) pages in length (excluding exhibits and appendices) without leave of Court.
- Supporting memorandum
- Up to 20 pages
Excluded from page count
- •Exhibits
- •Appendices
Exception
More pages with leave of court
Document Filing Requirements52 rules
Parties shall attach supporting memoranda to the motions at the time of filing.
All motions that involve real property shall be noticed for a specific hearing date.
All motions that require a hearing shall be noticed for a specific hearing date.
Thereafter, it is the responsibility of the parties to indicate the correct division on all subsequent pleadings tendered to the Court.
Any party who tenders an order shall include a distribution list with the name and address of each party who is to receive a copy of the order.
A party shall not include with a default judgment anything that either states or implies that the order is also a debt collection instrument.
10.01 A party who tenders a default judgment order shall include a distribution list containing the names and addresses of all parties involved.
Counsel shall make the notation Have Seen" on any judgment or order before the signature of the Court or entry, in all cases where the Court has directed counsel to tender an order.
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533.250(2).
When Diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the Pretrial Diversion as well as the appropriate sentence to be imposed if the Diversion Agreement is unsuccessful . KRS 533.252(3).
A Diversion Order must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the specified offense and statutory-condition requirements.
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 and Parole. 5. As required by KRS 533.030(1) 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 ofKRS 533.030 or any other condition the Court deems appropriate .
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 .
It is the burden of the defendant to move the Court for dismissal of diverted charges after successful completion of the Diversion Program
A. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION III FAMILY COURT CASE NO:
If required, the entire AOC Form 238 must be completed.
If the answer to the question is "None," "Not Applicable," or "Unknown," the appropriate statement shall be inserted in the applicable space.
The parties shall comply with the disclosure requirements of FCRPP 2(1), (3), and (4) unless waived by the court.
Parties shall comply with all applicable provisions of FCRPP 3. However, the court may waive the preliminary and final verified disclosure requirements of FCRPP 3.
Both parties must comply with the information filing requirements of FCRPP 9(6) and Family Court Kule 901.3.
The Friend of the Court's or the Centralized Collection Unit's Wage Assignment Order Form (available through the Friend of the Court) shall be used for such wage withholding.
It shall be the responsibility of the prevailing party to draft, file and mail the Wage Withholding.
All child support orders shall comply with FCRPP 9(2)
A truancy petition must be filed with the AOC-JV-41 Affidavit and Truancy Evaluation Form.
Court's wording
In compliance with FCRPP 40(2), a petition alleging truancy shall, when filed, be accompanied by a AOC-JV-41, Affidavit and Truancy Evaluation Form which shall be for the aid of the court in determining the appropriate course of action upon disposition of the particular case.
If a school official wishes to file a Beyond Control Petition, they must first contact a Franklin County Court Designated Worker and submit an AOC-JV-38.1, Affidavit and Beyond Control of School Evaluation Form along with their petition to the court.
If a parent or guardian of a juvenile wishes to file a Beyond Control Petition, they must first contact a Franklin County Court Designated Worker and submit an AOC-JV-38, Affidavit and Beyond Control of Parent Evaluation Form along with their petition to the court.
at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her clients income, health care expenses covering the children, and work-related child care expenses.
Pretrial memorandums from both parties shall be presented;
Complete Federal Income Tax Returns with schedules and the first full page of the party's State Income Tax Returns for the three previous calendar years (for the sake of confidentiality, these tax returns shall only be exchanged between parties for the purpose of discovery, and shall not be filed with the Circuit Clerk nor be made public record in any way);
Each party shall furnish to the court, immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.
The last three (3) paycheck receipts from the party's current or most recent employment for the purpose of determining income earning capacity; and
A subpoena and release order for psychiatric or other privileged records may issue only on the requesting party’s motion accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis.
Court's wording
Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the court upon motion by the requesting party, accompanied by an appropriate affidavit, which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order.
Documents pertaining to income from sources other than earnings.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
, declare under oath that my personal information is:
If a question requires further documentation or an additional schedule, please attach.
All sections must be completed.
If the answer to a given section is "None," "Not applicable," or "Unknown," answer that section accordingly.
If maintenance is an issue, or if there are property distribution issues, please proceed to use the full mandatory Verified Disclosure form.
Name the lay witnesses (non-experts, i.e., friends, family members, etc.) you expect to call at trial and the issue(s) you expect them to testify about.
My year to date earnings are (attach four [4] most recent pay stubs).
I hereby acknowledge that the information contained in Disclosure is a true and accurate reflection of the financial disputes in the matter, and that there 's mandatory Case are no additional assets, debts, or issues that require disclosure, to the best of my knowledge and belief.
1. Your three (3) most recent paycheck receipts or other documented evidence of earning for the last two (2) months if such paycheck receipts are not available;
2. A full and complete copy of your last three (3) federal income tax returns and the first page of your last three (3) State income tax returns.
Name the expert witnesses (doctors, accountants, etc.) you expect to call at trial and the issue(s) you expect them to address.
The schedule asks the filer to identify cases from the past year in which they were a party and provide specified case details.
Court's wording
Please give the name of the case, case number, and name of the Court or Administrative Agency for any case to which you are or have been a party within the last year, as well as a brief description of the nature of the case and the present status of the case.
How many days to you expect this trial to take? hours _days.
It is hereby certified that a copy of the foregoing Mandatory Case Disclosure Acknowledgment/Stipulation (with attachments) was mailed on this day of → to: Counsel for
I hereby certify that the above information is true to the best of my knowledge, information and belief.
Subscribed and sworn to before me this day of NOTARY PUBLIC, STATE AT LARGE My commission expires:
11.01 To submit a case for final adjudication a party is encouraged to complete and file AOC Form 280 with the Clerk to bring the Court's attention to submitted motions. A copy of the AOC Form 280 should also be mailed to the Judge. In the alternative, a party may file a motion to submit and notice the motion for Civil Motion Hour.
The Order of Diversion may include : That the defendant remain drug and alcohol free and be subject to random testing . 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. 3. That the defendant possess no firearm or any other deadly weapon.
Either party may use the Appendix 3 acknowledgment instead of a separate disclosure, and a signed acknowledgment suffices if the other party completed AOC Form 238 or the court waived disclosures.
Court's wording
Either party may, in lieu of filing a separate disclosure, complete the Mandatory Case Disclosure Acknowledgment / Stipulation contained in (Appendix 3). A signed Acknowledgment / Stipulation shall be sufficient for all dissolution disclosures provided the other party has completed AOC Form 238 or disclosures are waived by the court.
Filing & Service rules
Filing Timing and Cure Windows
A petition must be reviewed within an hour of presentation to a judge unless no judge is available.
Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.
Page 2 | Twenty-four Hour Accessibility
During regular business hours, the person receiving and verifying the petition must immediately present it to the Family Court Judge, or to a Franklin Circuit or District Court Judge if the Family Court Judge is unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The person receiving and verifying the completed Domestic Violence Petition shall immediately present the Petition to the Family Court Judge. If the Family Court Judge is unavailable, the Petition shall be presented to a Franklin Circuit or District Court Judge.
Page 2 | Twenty-four Hour Accessibility
Copies of the summons and order must be presented to the Clerk for filing on the next business day.
Copies of said summons and order shall be presented to the Clerk for filing on the next business day.
Page 2 | Twenty-four Hour Accessibility
After regular business hours, the person receiving and verifying the petition must immediately present it to the Family Court Judge, or to a Franklin Circuit or District Court Judge if the Family Court Judge is unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The person receiving and verifying the completed Domestic Violence Petition shall immediately present the Petition to the Family Court Judge. If the Family Court Judge is unavailable, the Petition shall be presented to a Franklin Circuit or District Court Judge.
Page 2 | Twenty-four Hour Accessibility
Supporting memoranda must be attached to motions at filing.
Parties shall attach supporting memoranda to the motions at the time of filing.
Page 3 | RULE 4: MOTIONS
Parties must file responses to memoranda at least one business day before the hearing.
Parties must file their responses to memoranda one (1) business day before the hearing.
Page 3 | RULE 4: MOTIONS
Parties must file notices, motions, and copies with the Clerk at least five business days before a hearing.
Parties shall file notice, motions, and copies with the Clerk at least five (5) business days before the date of a hearing.
Page 3 | RULE 4: MOTIONS
Each party must file the required materials with the Clerk and serve them on all other parties at least five business days before a pretrial or settlement conference.
At least five (5) business days prior to any pretrial or settlement conference, each party shall file with the Clerk and serve on all other parties:
Page 4 | RULE 7: PRETRIAL CONFERENCES AND SETTLMENT CONFERENCES-CIVIL ACTIONS
A party must supplement required responses under CR 26.05 no later than 30 days before the hearing, or before trial if the information is discovered within 30 days before trial.
It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date, or at any time prior to trial if discovered within thirty (30) days before trial.
Civil cases
Page 9 | 901.3 Discovery
Discovery must be completed 20 days before the final trial date.
Discovery shall be completed twenty (20) days prior to the final trial date.
Civil cases
Page 9 | 901.3 Discovery
The completed child support worksheet must be furnished to the court immediately before the hearing.
Each party shall furnish to the court, immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.
Civil cases
Page 10 | 901.3 Discovery
Copies of the summons and order must be presented to the Clerk for filing on the next business day.
Copies of said summons and order shall be presented to the Clerk for filing on the next business day.
Civil cases
Page 13 | Domestic Violence Protocol and 24 Hour Access Policy
EPO intake ends at 4 p.m. Monday through Thursday and 3 p.m. on Friday.
Please note: EPO intake ends at 4 p.m. Monday through Thursday and stops 3 p.m. on Friday due to the amount of time it takes to complete EPO intake.
Page 1 | Office of Circuit Court Clerk
A person seeking an EPO should file a Domestic Violence Petition at the Family Court Offices during regular business hours, 8:00 a.m. to 4:30 p.m. Monday through Friday.
During regular business hours, which are 8:00 a.m. to 4:30 p.m. Monday-Friday, a person who wishes to obtain an Emergency Protective Order (EPO) should go to the Offices of Family Court and file a Domestic Violence Petition.
Page 1 | Twenty-four Hour Accessibility
An eligible person may apply for pretrial diversion after indictment, but no later than ten days before trial.
After indictment in Circuit Court, and no later than ten (10) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth
Criminal cases
Page 2 | III. PROCEDURE
For an alleged violation of an in-effect Emergency Protective Order or Domestic Violence Order, a petitioner may file a Show Cause Order or Forthwith Order of Arrest at the Family Court offices during regular business hours.
If an alleged violation of previously issued and in-effect Emergency Protective Order or Domestic Violence Order occurs, the Petitioner may go to the offices of Family Court during regular business hours, to file a Show Cause Order or Forthwith Order of Arrest to hold Respondent in contempt of court.
Page 3 | III. Contempt Proceedings
Service and Proof of Service Rules
Each party must serve the required materials on all other parties at least five business days before a pretrial or settlement conference.
At least five (5) business days prior to any pretrial or settlement conference, each party shall file with the Clerk and serve on all other parties:
Page 4 | RULE 7: PRETRIAL CONFERENCES AND SETTLMENT CONFERENCES-CIVIL ACTIONS
The Court may void a defendant’s participation in diversion after a hearing with notice to the Commonwealth and the defendant, upon the specified showing.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void defendant's participation in Pretrial Diversion upon a showing of failure to comply with the conditions of Diversion or a failure to make satisfactory progress.
Criminal cases
Page 4 | V. VOIDING A DIVERSION ORDER -- KRS 533.256
The prevailing party must comply with FCRPP 9(3) when serving the wage withholding order on the employer and employee.
The prevailing party shall comply with FCRPP 9(3) with regard to service of the wage withholding order on the employer and the employee.
Civil cases
Page 6 | RULE 7: DOMESTIC RELATIONS PRACTICE, 702.3(A) Wage Withholding
The prevailing party must mail the Wage Withholding.
It shall be the responsibility of the prevailing party to draft, file and mail the Wage Withholding.
Civil cases
Page 6 | RULE 7: DOMESTIC RELATIONS PRACTICE, 702.3(B) Wage Withholding
Except for a motion for default judgment, a motion may not be filed until the responding party has been served with a summons and is properly before the court.
No motion shall be filed, other than a motion for default judgment, until the responding party has been served with a summons and is properly before the court.
Civil cases
Page 8 | 901.1 Scheduling of Hearings and Motions
For order distributions, envelopes must come from the Clerk and returned mail must be sent back to the Clerk.
Envelopes must be from the Clerk. Returned mail must come back to the Clerk.
Page 5 | RULE 9: ENTRY OF ORDERS AND JUDGMENTS
For petitions received after regular business hours, the judge may issue an order and summons and have them served.
In such cases, the Judge may issue an order and summons, and have it served.
Page 2 | Twenty-four Hour Accessibility
In the described circumstances, the judge may issue an order and summons and arrange for them to be served.
In such cases, the Judge may issue an order and summons, and have it served.
Civil cases
Page 13 | Domestic Violence Protocol and 24 Hour Access Policy
Filing Fees and Waivers
The clerk must collect a $50 reopening fee when a motion is filed in a domestic relations case or paternity determination, except for Title IV-D support-enforcement motions and movants proceeding in forma pauperis.
The provisions of FCRPP 3(6) regarding reopening fees shall apply in domestic relations cases and paternity determinations (not including motions for support enforcement filed under 42 U.S.C. Title IV-D), unless the movant is proceeding in forma pauperis. The clerk shall collect the $50.00 fee upon the filing of the motion.
Civil cases
Page 10 | 901.6 Post Decree Litigation
Court payments may be made by cash, personal check, or postal money order, with restrictions on personal checks and a self-addressed stamped envelope required for a receipt.
Payment options: Cash, personal check, postal money order. No personal checks for probation and parole fees or cold-check payments. Send self-addressed stamped envelope for receipt. Payments accepted by mail at address above and online here.
Page 1 | Office of Circuit Court Clerk
Sealing & Redaction Procedures
Tax returns exchanged for discovery must not be filed with the Circuit Clerk or made public.
Complete Federal Income Tax Returns with schedules and the first full page of the party's State Income Tax Returns for the three previous calendar years (for the sake of confidentiality, these tax returns shall only be exchanged between parties for the purpose of discovery, and shall not be filed with the Circuit Clerk nor be made public record in any way);
Civil cases
Page 9 | 901.3 Discovery
Access to the unredacted sealed copy containing personal identifiers is limited to the listed parties, court personnel, authorized child-support personnel, and persons authorized by court order.
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.
Civil cases
Page 11 | 901.7 Protection of Personal Information
When filed materials contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
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.
Civil cases
Page 11 | 901.7 Protection of Personal Information
Pre-Motion Conference Requirements
After both the appeal and its answer are filed in a matter within the Court's appellate jurisdiction, the parties must ensure that proper motions for a briefing schedule are submitted to the Court.
In matters where the Court has appellate jurisdiction, once both the appeal and the answer to the appeal are filed, it is the responsibility of the parties to ensure proper motions for the briefing schedule are submitted to the Court.
Page 4 | RULE 4: MOTIONS
Adjournment & Extension Requirements
A party unable to attend an assigned hearing must promptly notify the serving party, serving counsel, and the Clerk; the parties may agree to a continuance for the same day the following week or another mutually agreed time, but good cause is required for any additional continuance after the first.
If a party who has been served with notice and motion is unable to attend the assigned hearing date, that party shall promptly notify the serving party, serving counsel, and the Clerk. If the parties agree, they may have a continuance by the Court to either the same day the following week or another time to which the parties agree. However, after one continuance, a party must show good cause to the Court why more time is needed in order to obtain any additional continuances.
Page 3 | RULE 4: MOTIONS
Extensions and continuances are granted only for good cause, with supporting reasons stated on the record, subject to applicable law.
403 Extensions of time and continuances shall be granted only for good cause with supporting reasons stated on the record subject to provisions of applicable law.
Civil cases
Page 4 | RULE 4: DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
A trial or hearing may be continued only for good cause shown in the file or on the record within two weeks of the trial date, and the Court must immediately reset it.
C. Trial/Hearings shall not be continued, except for good cause shown in the file or on the record, within two (2) weeks of the trial date and shall be immediately be reset by the Court
Civil cases
Page 9
A pre-trial may be continued only for good cause shown in the file or on the record within five business days of its scheduled date.
Pre-trials will not be continued, except for good cause shown in the file or on the record within five (5) business days of the scheduled pre-trial date.
Civil cases
Page 9
Cancellations or rescheduling must be made in writing and filed with the Circuit Court Clerk at least five business days before the scheduled date.
Cancellations or rescheduling shall occur at least five (5) business days prior to the scheduled date in writing and filed with the Clerk of the Circuit Court.
Civil cases
Page 11 | 902 ECONOMIC LITIGATION DOCKET (Case Management)
The Court may grant a party leave to file a memorandum after its filing date.
The Court has discretion to grant a party leave to file memoranda later than the date for filing.
Page 3 | RULE 4: MOTIONS
The court may extend discovery time upon application in custody issues and complex economic issues.
Upon application to the court, discovery time may be extended in custody issues and complex economic issues.
Civil cases
Page 9 | 901.3 Discovery
Chambers Communication Rules
Before making a recommendation, the Commonwealth must obtain a criminal-record check through Pretrial Services at AOC using the stated contact information and must not send the request to the local Pretrial Service Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or fazing the request to 502-573-1669 . DO NOT send requests to the local Pretrial Service Officer.
Criminal cases
Page 3 | III. PROCEDURE
A party may appear by Zoom at the Judge’s discretion; all parties must agree and contact the Judge at least five days before the hearing. The quoted sentence is cut off after “for.”
At the discretion of the Judge, a party may appear by Zoom. All parties for an individual case must agree to appear by Zoom and shall contact the Judge at least five (5) days prior to the hearing for
Page 2 | RULE 3: SESSIONS — Civil Motion Hour
A party unable to attend an assigned hearing must promptly notify the Clerk.
If a party who has been served with notice and motion is unable to attend the assigned hearing date, that party shall promptly notify the serving party, serving counsel, and the Clerk.
Page 3 | RULE 4: MOTIONS
Parties needing a hearing outside Civil Motion Hour must contact the Judge's staff to schedule it; the Court may also schedule such a hearing at its direction.
Parties that need a hearing outside of the Court's Civil Motion Hour shall contact the Judge's staff to schedule the hearing. At its direction, the Court may schedule a hearing for outside of Civil Motion Hour.
Page 3 | RULE 4: MOTIONS
The clerk’s office is open Monday through Friday from 8 a.m. to 4 p.m. and closed on weekends.
Hours Day Hours Monday 8 a.m.-4 p.m. Tuesday 8 a.m.-4 p.m. Wednesday 8 a.m.-4 p.m. Thursday 8 a.m.-4 p.m. Friday 8 a.m.-4 p.m. Saturday Closed Sunday Closed
Page 1 | Hours
To access case records, call or visit the Office of Circuit Court Clerk.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Petitioners seeking to initiate contempt proceedings should contact:
Petitioners seeking to initiate contempt proceedings should contact:
Page 3 | III. Contempt Proceedings