Gallatin County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Emergency Hearing Motion, Ex Parte Motion
- Upon Filing
Trial Document, Written Exhibit
- At Commencement of Civil Trial or Pretrial Next Preceding Trial
Adjournments
- Parties may extend time limits by agreed order on an individual case-by-case basis, subject to deadlines established by the Court.
- For an opposed extension request, the requesting party must file a motion stating why the extension is necessary and submit a tendered order granting it.
- Once a case is set for trial in reliance on the Certification of Readiness, the Court may continue it only in exceptional circumstances.
Request must include
Communication
Phone
Clerk
Phone
Chambers
Document Format Requirements14 rules
An ECO affidavit must be completed on official AOC form AOC-DNA-2.1.
Court's wording
During normal working hours (8:00 a.m. to 4:00 p.m. in Boone County and 8:30 a.m. to 4:30 p.m. in Gallatin County), Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-2.1 (Emergency Custody Order Affidavit).
A. Persons seeking to file a petition for DNA shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition).
B. Pursuant to FCRPP 19 the petition for DNA shall be on the AOC-DNA-1 form provided by the Administrative Office of the Courts (AOC). The petition shall be filed with the Family Court Clerk's office.
All petitions requested, completed and signed by person seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1
- Protective order petition
Formatting
- •Use form AOC-275.1.
All pleadings and other paper shall be presented to the Court at the scheduled hearing date and shall be in writing, typewritten in black type not smaller than 12 point pursuant to CR 7.02.
- Font size
- At least 12 points
- Pleading
- Other paper
The attorney’s name in the signature block must be clearly legible and typewritten.
Court's wording
A. All pleadings, motions, appearances, entries of satisfaction, stipulations or any other and this Rule. In addition, the clearly legible typewritten name, address, Kentucky paper required to be signed by an attorney must be signed as provided for in the CR Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.
B. These Rules are to be cited as "BGLR" for "Boone Gallatin Local Rules" and "BGLCr" for "Boone Gallatin Local Criminal Rules" in the Boone and Gallatin Circuit and District Courts.
When the initial response space is exhausted, the responding party must place the corresponding question or request immediately before the answer or objection.
Court's wording
When answering Interrogatories or Requests for Production or Inspection, or for admissions, or in filing objections thereto, when the initial space for response has been exhausted, the replying party shall, as a part of the answer or objection and immediately preceding it set forth the question or the request with respect to which the answer or objection is given.
When propounding Interrogatories or Requests for Production or Inspection, the propounder shall leave adequate room for reply between questions or requests.
Trial exhibits and materials must be clearly and concisely marked for identification without obscuring or hindering relevant information.
Court's wording
Advance Marking. All exhibits and material intended to be used during a civil trial shall be marked for identification purposes in a clear and concise fashion as herein described and additionally said markings shall not obscure nor hinder any relevant written or pictographic information contained on the exhibit itself.
Proposed exhibits and exhibits used during trial must be identified uniformly throughout all phases of the case.
Court's wording
C. Uniform Designation. Proposed exhibits, including those appended to requests for admission, interrogatories and depositions, as well as those to be utilized during trial, shall be uniformly identified during all phases of the case.
In all proceedings involving multiple plaintiffs or multiple defendants, the identification assigned each exhibit shall contain the surname of the individual plaintiff or defendant or the corporate name of the plaintiff or defendant.
Unless the Court directs otherwise, joint, plaintiff, defendant, and third-party exhibits must use their specified prefixes and be numbered sequentially.
- Exhibits
Formatting
- •Identify joint exhibits with the prefix JX and number them sequentially
- •Identify plaintiff's exhibits with the prefix PX and number them sequentially
- •Identify defendants' exhibits with the prefix DX and number them sequentially
- •Identify third-party exhibits with the prefix TPX and number them sequentially
Court's wording
B. Method of Designation. Unless otherwise ordered or directed by the Court, all exhibits shall be marked for identification purposes as follows: 1. Joint exhibits shall be identified by the prefix (JX) and shall be sequentially numbered; 2. Plaintiff's exhibits shall be identified by the prefix (PX) and shall be sequentially numbered; 3. Defendants exhibits shall be identified by the prefix (DX) and shall be sequentially numbered; 4. Third-party exhibits shall be identified by the prefix (TPX) and shall be sequentially numbered;
As many vouchers, etc., as are possible shall be placed on a single page so that the volume of these items may be kept to a minimum.
Document Filing Requirements110 rules
Your hearing date will not be confirmed until a motion or notice is filed with the clerk.
*** Motions to Withdraw and Motions to Appoint Warning Order Attorneys, if accompanied by the required affidavit, may be set at the convenience of the Court.
All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
The motion shall be filed with the Boone Circuit Clerk with a notice of hearing containing the date, time, and place at which it shall be heard.
The motion must be filed with the Gallatin Circuit Clerk with a hearing notice stating the date, time, place, and reserved hearing length.
Court's wording
The motion shall be filed with the Gallatin Circuit Clerk with a notice of hearing containing the date, time, and place where it shall be heard. All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
B. All motions for emergency hearings and ex-parte motions shall be submitted for the judge's review with attached affidavit(s) and a proposed order.
- Document
- Motion
Must include
- •Proposed order
Boone County juvenile, civil domestic-violence, and interpersonal protective matters must be filed with the county clerk and include a hearing notice specifying the date given by the clerk's office.
Court's wording
All Boone County juvenile matters (status offense cases and dependency, neglect and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date they will be heard. Said date shall be given by the Boone County Clerk's Office.
A Gallatin County paternity or child-support motion must be filed with a hearing notice stating the hearing date and reserved hearing length.
Court's wording
The motion shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date it will be heard. All notice of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
Gallatin County juvenile, civil domestic-violence, and interpersonal protective matters must be filed with the county clerk and include a hearing notice specifying the date given by the clerk's office.
Court's wording
All Gallatin County juvenile matters (status offense cases and dependency, neglect, and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date they will be heard. Said date will be given by the Gallatin County Clerk's Office.
A Boone County paternity or child-support motion must be filed with a hearing notice stating the hearing date and reserved hearing length.
Court's wording
The motion shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date it will be heard. All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.
After working hours, affidavits for emergency custody shall be requested through the Cabinet for Health and Family Services (CHFS) and submitted to the Family Court Judge on call or the District Court Judge on call if a Family Court Judge is not available.
B. Pursuant to FCRPP 19 the petition for DNA shall be on the AOC-DNA-1 form provided by the Administrative Office of the Courts (AOC). The petition shall be filed with the Family Court Clerk's office.
A. If the parties reach an agreement on all issues and seek the entry of a decree without a hearing per FCRPP 3(1), either party may file a Motion to Submit or an Agreed Order to Submit that contains the following information and attachments: 1. A notarized separation agreement settling all issues between the parties;
2. A written deposition executed under oath by either party setting forth testimony required at a hearing and including the following: a. Whether either party has minor children from another relationship and, if so, the initials and birth years for those children. b. Each party's monthly gross income or earning capacity.
When referring to minor children in custody, parenting time, and child support actions, only the child's initials shall be disclosed, unless filing in a confidential case.
3. A notarized statement signed by both parties affirming that the parties have exchanged their preliminary verified disclosure statements (AOC- 238) and have either filed their final verified disclosure statements (AOC- 239) or that they waive such filing.
Orders tendered at the Court's direction shall include a signature line for the opposing counsel or pro se party to indicate their acknowledgement that the tendered order is consistent with the Court's order.
6. Pro se litigants using the AOC self-help kiosks to generate their divorce documents must also submit a supplemental Joint Affidavit available at the local circuit clerk's office. See Appendix C.
4. A notarized waiver of the right to a hearing executed by the Respondent.
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.
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 and KRS 403.135.
5. A verified written request for restoration of a former name, if so desired. Alternatively, this request may be recited in the requesting party's written deposition or the parties' separation agreement.
An eligible attorney applying to be a GAL for a child, adult prisoner, or person of unsound mind in the specified actions may apply by submitting a resume and cover letter.
Court's wording
To be appointed as Guardian ad Litem for a child, an adult prisoner, or a person of unsound mind in actions other than those filed under KRS Chapters 199. 620, and 625, including but not limited to dissolution and custody actions, any licensed attorney in good standing with the Kentucky Bar Association may apply by submitting their resume with a cover letter.
An eligible attorney requesting appointment as a GAL or court-appointed counsel in the specified actions must provide proof of the initial and ongoing training required by FCRPP 37.
Court's wording
To be appointed as Guardian ad Litem (GAL) or Court-Appointed Counsel (CAC) in any action filed under KRS Chapters 199, 620, and 625, any licensed attorney in good standing with the Kentucky Bar Association who satisfies the requirements of FCRPP 35 through 38 may request to serve by providing proof of the initial and on-going training required by FCRPP 37.
Unless the Court directs otherwise, the judge's office must prepare the appointment order in a dissolution or custody case and specify each party's percentage of financial responsibility.
Court's wording
When a GAL for a child or an FOC is appointed in a dissolution of marriage or custody case under KRS Chapter 403, unless otherwise directed by the Court, an Order Appointing a Guardian ad Litem or Order Appointing a Friend of the Court shall be prepared by the judge's office specifying each parties' percentage of financial responsibility.
Motions for compensation shall include the following information: 1. The hours of service rendered with a brief description of the services rendered; 2. The reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.
Any warning order attorney (WOA) appointed in a dependency, neglect, and abuse case seeking payment shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.
A GAL or CAC seeking payment in a dependency, neglect, and abuse case must complete form FINGAL-1 and submit it for judicial approval.
Court's wording
Any Guardian ad Litem (GAL) or Court Appointed Counsel (CAC) appointed in a dependency, neglect, and abuse case seeking payment shall complete form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.
In voluntary termination of parental rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).
Motions for excess compensation shall include the following information: 1. The hours of service rendered with a brief description of the services rendered; 2. The reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.
Any WOA seeking payment in excess of the current fee set by the Court, shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.
In involuntary termination of parental rights cases where the Cabinet for Health and Family Services is the proposed custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).
When a WOA is appointed pursuant to CR 4.07 in paternity or child support actions, at the disposition of the case and in accordance with Rule 10.2(D), the WOA shall prepare a motion for attorney's fees. A tendered order shall accompany the motion and said order shall leave a blank for the judge to fill in the awarded fee.
form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.
All petitions requested, completed, and signed by person 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.
The reviewing judge must indicate in the petition’s Court Action section which type of protective-order action resulted.
Court's wording
The judge reviewing a petition for an order of protection shall indicate in the Court 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
If reassignment or transfer occurs, the issuing judge shall re-issue a summons for a time when the matter may be heard by the receiving judge.
In accordance with FCRPP 3(1)(a), we waive our right to appear before this Court for a final uncontested hearing for the dissolution of our marriage.
We affirm that we have exchanged our preliminary verified disclosure statements (AOC-238) and have either: Filed our final verified disclosure statements (AOC-239) on the following date: OR We agree to waive the filing of final verified disclosure statements.
and shall be accepted and filed with the court.
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.
Attorney-signed papers must be signed as provided by the applicable rules and include the attorney’s identifying and contact information in the signature block.
- Document
- Attorney signed paper
- Placement
- Signature block
Court's wording
A. All pleadings, motions, appearances, entries of satisfaction, stipulations or any other and this Rule. In addition, the clearly legible typewritten name, address, Kentucky paper required to be signed by an attorney must be signed as provided for in the CR Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.
Except for routine motions, such as for extensions of time, a supporting memorandum shall accompany each motion.
An opposed extension motion must be accompanied by a tendered order granting the motion.
Court's wording
If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered order granting the motion.
Motions. All motions shall state precisely the relief requested.
The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
A motion to set a contested case for trial must state the nature of the action, jury-demand status, and estimated trial length, and certify that the case is ready to proceed to trial in 60 days.
Court's wording
All motions to set contested cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial. In addition, the filing of a motion to set for trial shall be a "Certification of Readiness" by counsel that the case is ready to proceed to trial in sixty (60) days.
Orders that the Civil Rules require to be served must direct the Circuit Clerk how to distribute them, including the stated mailing information.
Court's wording
All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shall contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to: John Jones Attorney for Plaintitt, Jane Doe 208 Main Street Anytown, Kentucky 41000
No motion shall be filed in the Clerk's office unless same is accompanied by the tendered order for the Court's consideration. The rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.
Defenses referred to in CR 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.
A request for default judgment must be made by written motion accompanied by an attorney certification that the defaulting party served no papers and a tendered default judgment.
Court's wording
A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certification of the attorney that no papers have been served upon him or her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.
All motions, other than motions to set for trial, must recite authority.
All motions shall contain a notice of the date and time of the hearing.
Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro se.
Briefs and memoranda filed with the Court shall contain citations to evidence and law that support all arguments advanced therein.
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 & Service rules
Filing Timing and Cure Windows
Except for the stated exceptions, Rule 2 motions in Gallatin County must be filed and clocked, with notice served on the opposing parties, by 4:30 p.m. at least seven days before the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Except for the stated exceptions, Rule 2 motions must be filed and clocked with the Boone Circuit Clerk by 4:00 p.m. at least seven days before the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone Circuit Clerk's Office no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Except for the stated exceptions, Gallatin Rule 2 motions must be filed and clocked, with notice served on the opposing parties, by 4:30 p.m. at least seven days before the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
The court must review a protective-order petition immediately upon filing.
The Court shall review a petition for a protective order immediately upon its filing.
Page 16 | Uniform Protocol for Processing Cases
Petitions must be reviewed within an hour of presentation to a judge unless no judge is available.
Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.
Page 16 | Uniform Protocol for Processing Cases
Petitions must be reviewed within an hour of presentation to a judge, unless no judge is available.
Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.
Page 2 | Uniform Protocol for Processing Cases
The court must review a protective-order petition immediately after it is filed.
The Court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Processing Cases
A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.
The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted.
Page 3 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice - General
Motions for a Boone Tuesday Motion Docket must be filed and received by noon on the preceding Thursday.
All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the preceding Thursday for call on the Tuesday Motion Docket for Boone and the preceding Monday for call on the Friday Motion Docket for Gallatin.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), B. Motion Days and Motion Practice - Specific, Boone and Gallatin Circuit Courts
If use can reasonably be anticipated, file the relevant portion of an otherwise unfiled document when trial begins, when the motion is filed, or at the time of appeal, as applicable.
If a document not filed pursuant to CR. 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appellate purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.
Page 7 | RULE 8. DISCOVERY PRACTICE
Interrogatories and production requests may not be filed, and a Request for Admission may be filed only after its response time has passed, unless the Court orders otherwise.
Documents Not to Be Filed. Except as herein provided, the following shall not be filed with the Court unless the Court orders otherwise: a. Interrogatories propounded under CR 33; Requests for Production or Inspection made under CR 34; and c. Requests for Admission propounded under CR 36 unless the time for filing a response thereto has passed, in which event, counsel may file the original Request for Admission previously served.
Page 7 | RULE 8. DISCOVERY PRACTICE
Opposing counsel may object only that the order or judgment does not conform to the Court's ruling, and must file the objection as soon as possible.
Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible.
Page 9 | RULE 10. JUDGMENT AND ORDERS
A case with no pretrial step in the preceding year faces dismissal without prejudice 30 days after notice unless a sufficient verified answer is made or good cause is shown.
The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if prose, of every case in which no pre-trial step has been taken within the last year that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown. The Court shall enter an Order dismissing each case without prejudice at Plaintiff's cost in which no verified answer or an insufficient answer to the Notice is made. 77.02(2).
Page 9 | RULE 12. DISMISSAL OF CIVIL ACTIONS FOR FAILURE TO PROSECUTE
In an action that is not dismissed, pretrial steps must be taken within 30 days or the action will be automatically dismissed.
In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).
Page 10 | RULE 12. DISMISSAL OF CIVIL ACTIONS FOR FAILURE TO PROSECUTE
Appraisal objections must be filed and a hearing arranged before the sale date.
Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.
Page 10 | RULE 15. PRACTICE BEFORE THE MASTER COMMISSIONER
In Boone and Gallatin Counties, the petition must be filed with the clerk at least two days before the appointment date.
[Boone and Gallatin Counties - the Petition must be filed with the clerk's office at least two days prior to the appointment date.]
Page 23 | RULE 28. Obtaining a Court Date
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
Page 23 | RULE 30. Initial Petition and Docketing the Case
Pleadings and other papers must be presented to the Court on the scheduled hearing date.
All pleadings and other paper shall be presented to the Court at the scheduled hearing date and shall be in writing, typewritten in black type not smaller than 12 point pursuant to CR 7.02.
Page 24 | RULE 31. Form of Pleadings
A personal representative must file two copies of an inventory with the Probate clerk within two months after qualifying.
A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.
Page 24 | RULE 35. Inventories
A settlement must be filed with the probate clerk at least ten days before the confirmation date.
To be confirmed, a settlement must be filed with the probate clerk at least ten (10) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable.
Page 25 | RULE 36. Settlements
An eligible person may apply for pretrial diversion after indictment or entry of criminal information, but must apply no later than 60 days before trial.
After indictment or the entering of a criminal information in Circuit Court, and no later than sixty (60) days before trial, any person eligible for the program may apply to the circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | PROCEDURE
Motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.
All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FRPP or statute, or good cause shown.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Gallatin motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.
All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FCRPP or statute, or good cause shown.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.
All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FORPP or statute, or good cause shown.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 9 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
A motion to increase a bond should be made when the previous bond is found to be inadequate.
A motion to increase bond should be made whenever it is learned that the previous bond is inadequate.
Page 24 | RULE 34. Motions to Increase and Reduce Bonds
A motion to reduce a fiduciary's bond may be made after a filed periodical settlement shows that the fiduciary's remaining assets have decreased.
A motion to reduce the bond of a fiduciary may be made any time after a periodical settlement has been filed showing a reduction in the assets remaining in the hands of a fiduciary.
Page 24 | RULE 34. Motions to Increase and Reduce Bonds
Service and Proof of Service Rules
Notice of a Rule 2 motion in Gallatin County must be served on the opposing parties by 4:30 p.m. at least seven days before the hearing, except for the stated exceptions.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR § 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Gallatin Rule 2 motion notices must be served on the opposing parties by 4:30 p.m. at least seven days before the hearing, except for the stated exceptions.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.
Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Unless a trial or hearing order conflicts, parties must exchange exhibits and witness lists at least 72 hours before the hearing; the judge may continue the matter or exclude untimely evidence if they do not.
Absent a conflicting trial/hearing order, the parties shall exchange exhibits and witness lists at least 72 hours in advance of the hearing. Failure to so exchange may result in the continuance of the matter to a later date or the exclusion of untimely exchanged evidence at the discretion of the judge.
Page 10 | 7.01
After judicial approval, the clerk mails a copy of the FINGAL-1 form to the Finance and Administration Cabinet at the stated address.
Upon approval by the judge, the clerk will mail a copy of the FINGAL-1 form to the Finance and Administration Cabinet, Division of Fiscal Management; 500 Mero Street, Fifth Floor; Frankfort, Kentucky 40622.
Page 15
Briefs, pleadings, and memoranda filed with the Court must include proof of service by counsel's written certification, or in an ex parte proceeding by written certification or an affidavit from the person who served the document.
All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service.
Page 6 | RULE 6. BRIEFS, PLEADINGS AND MEMORANDA; PROOF OF SERVICE
At least 10 days must elapse between service of notice that the Report was filed and the hearing on the Motion to Confirm the Report.
The Master shall file a Motion to Confirm the Report and shall notice for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report. CR 53.05 (2).
Page 10 | RULE 15. PRACTICE BEFORE THE MASTER COMMISSIONER
Rebutting memorandums must be served within ten days.
Rebutting memorandums must be served within ten (10) days.
Page 12 | RULE 20. MOTIONS - GENERAL
Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.
Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice - General
Filing Fees and Waivers
All required fees for an initial probate petition must be paid, including a check to the County Clerk for recording the will and probate order when a will is involved.
An initial Petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the will and Order admitting same to probate if a will is involved.
Page 23 | RULE 29. Initial Petition
All required fees for the initial petition and case docketing must be paid.
An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.
Page 23 | RULE 30. Initial Petition and Docketing the Case
If a will is admitted to probate, the petitioner or their attorney is responsible for recording the will and order and paying the County Clerk's fees.
The petitioner or his or her attorney shall be responsible for the recording of the will and Order and the fees to the County Clerk if a will is admitted to probate.
Page 24 | RULE 32. Wills
Courtesy Copy Requirements
A courtesy copy of an emergency-hearing or ex-parte motion must be sent to the judge's office upon filing.
B. All motions for emergency hearings and ex-parte motions shall be submitted for the judge's review with attached affidavit(s) and a proposed order. A courtesy copy must be sent to the judges' office upon filing.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
A copy of each document or written exhibit intended for use at a civil trial must be furnished to the Judge at trial commencement or the preceding pretrial, unless cause is shown or the Court provides otherwise.
E. Copy for Judge. Except upon cause shown or as provided otherwise by the Court, a copy of each document or written exhibit intended to be tendered or entered during trial shall be furnished to the Judge at the commencement of a civil trial or at the pre- trial next preceding the commencement of a civil trial.
Page 9 | E. Copy for Judge
Sealing & Redaction Procedures
Diversion records and offense-related statements are confidential and generally may not be disclosed, admitted, discovered, or subpoenaed, subject to the stated exceptions.
6. All records of the Diversion Program, and all statements made by the accused to the diversion officer regarding the offense for which the accused was placed on diversion shall be privileged, shall not be admissible or discoverable for any purpose, shall be exempt from subpoena and shall be deemed confidential except for the program staff, the trial judge, and the chief district judge, for purposes of program review, monitoring and supervision and shall not be released to any other person or entity without prior written consent of the chief district judge and the accused. However, nothing in this paragraph shall be deemed to prohibit release of information to the victim of a crime regarding an accused's participation in the Diversion Program.
Page 18
Pre-Motion Conference Requirements
Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel, for a protective order, or for sanctions.
Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute may a motion to compel discovery, a motion for a protective order, or a motion for sanctions be filed pursuant to CR 26 and 37.
Page 4 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice - General
Motions outside trial are decided without oral argument unless either party specifically requests it.
Motion, outside of trial, will be decided without oral argument unless oral argument is specifically requested by either party.
Page 12 | RULE 20. MOTIONS - GENERAL
Adjournment & Extension Requirements
For an opposed extension request, the requesting party must file a motion stating why the extension is necessary and submit a tendered order granting it.
If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered order granting the motion.
Page 3 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice - General
Once a case is set for trial in reliance on the Certification of Readiness, the Court may continue it only in exceptional circumstances.
Once a case has been set for trial, upon reliance of this "Certification of Readiness," it may be continued by the Court only upon exceptional circumstances.
Page 5 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET)
Parties may extend time limits by agreed order on an individual case-by-case basis, subject to deadlines established by the Court.
Parties may by agreed order extend time limits on an individual case by case method required by the CR or by these rules, subject to any deadline established by the Court.
Page 3 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET), A. Motion Practice - General
Chambers Communication Rules
All motions and Permanent Custody Hearings must be scheduled through the judge's office.
All Motions and Permanent Custody Hearings must be scheduled through the judge's office.
Page 3 | 2.01 Scheduling
* Any cases requesting a hearing time longer than thirty minutes will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented and all parties agree.
* Any cases requesting a hearing time longer than thirty minutes will first need to be set for a CMC by contacting the judge's office. Parties may be excused from appearing at a CMC if all parties are represented and all parties agree.
Page 4 | 2.01 Scheduling
** All matters MUST be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
** All matters MUST be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
Page 4 | 2.01 Scheduling
Except for Thursday DNA cases, DVO/IPOs, and cases involving the Child Support Office, matters must be scheduled through and confirmed by the judge's office or they will be removed from the docket.
** All matters -- except Thursday DNA cases, DVO/IPOs, and cases involving the Child Support Office -- must be scheduled through the judge's office. If you fail to schedule through the judge's office and/or your hearing date is not confirmed by the judge's office, it will be removed from the docket.
Page 6 | B. Boone/Gallatin Family Court, Division IV Case Schedule
A case requesting a hearing longer than two hours must first be set for a CMC by contacting the judge's office.
** Any cases requesting a hearing time longer than two hours will first need to be set for a CMC by contacting the judge's office.
Page 6 | B. Boone/Gallatin Family Court, Division IV Case Schedule
Contested domestic relations motions and hearings designated for Boone County Family Court must be set by telephone through the Family Court Judge's office.
A. All contested domestic relations motions and hearings designated to be heard in the Boone County Family Court shall be set for hearing by telephoning the office of the Family Court Judge.
Page 6 | 2.02 Obtaining Motion Dates and Deadline for Serving and Filing Motions
During the stated county-specific weekday hours, excluding holidays, people seeking an ECO must go to the Circuit Clerk's office to complete form AOC-DNA-2.1.
During normal working hours (8:00 a.m. to 4:00 p.m. in Boone County and 8:30 a.m. to 4:30 p.m. in Gallatin County), Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-2.1 (Emergency Custody Order Affidavit).
Page 9 | 6.02 Procedures for Emergency Custody Orders
Petitioners seeking to initiate contempt proceedings must contact a Family Court Clerk, local law enforcement, or the County Attorney's Office.
Petitioners seeking to initiate contempt proceedings shall contact: Family Court Clerks at Boone or Gallatin counties, local law enforcement, or the County Attorney's Office.
Page 18 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings must contact a Family Court Clerk in Boone or Gallatin County, local law enforcement, or the County Attorney's Office.
B. Petitioners seeking to initiate contempt proceedings shall contact: Family Court Clerks at Boone or Gallatin counties, local Law Enforcement or the County Attorney's Office.
Page 4 | I. Contempt Proceedings
Appointments to probate a will or appoint a personal representative must be obtained from the District Court clerk by phone or in person.
An appointment to probate a will and/or obtaining an appointment of the personal representative shall be obtained from the District Court clerk by phone or in person.
Page 23 | RULE 28. Obtaining a Court Date
A Zoom request must be made at least one week before the hearing, agreed to by all parties, and approved by the judge.
In-person or by Zoom: Zoom requests must be made at least one week in advance of hearing, agreed upon by all parties, and approved by the judge.
Page 3 | 2.01 Scheduling
Unless there is an emergency, a Zoom appearance must be requested through the judge's office at least one week before the hearing.
**** Unless there is an emergency, an appearance by Zoom must be requested through the judge's office at least one week in advance of the hearing
Page 4 | 2.01 Scheduling
To schedule a hearing on this docket, contact the judge's office; docket dates may change.
Please note you must contact the judge's office to schedule a hearing on this docket and docket dates are subject to change.
Page 4 | 2.01 Scheduling
For Division IV contested domestic-relations matters assigned to Gallatin County Family Court, hearing dates must be arranged by calling the Gallatin County Clerk's Office.
For Division IV, all contested domestic relations motions and hearings designated to be heard before the Gallatin County Family Court shall be set for hearing by telephoning the Gallatin County Clerk's Office.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
For Division II contested domestic-relations matters assigned to Gallatin County Family Court, hearing dates must be arranged by calling the judge's office.
For Division II, all contested domestic relations motions and hearings designated to be heard before the Gallatin County Family Court shall be set for hearing by telephoning the judge's office to arrange a date.
Page 7 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Boone County Family Court paternity and child-support motions must be scheduled by telephone through the Family Court Judge's office or the Boone County Child Support office.
All motions to establish paternity and/or child support in Boone County Family Court shall be set for hearing by telephoning the office of the Family Court Judge or the Boone County Child Support office.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Gallatin County Family Court paternity and child-support motions must be scheduled by calling the Gallatin County Clerk's Office.
All motions to establish paternity and/or child support in Gallatin County Family Court shall be set for hearing by telephoning the Gallatin County Clerk's Office.
Page 8 | RULE 2: COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
To obtain a trial hearing date for an uncontested action, contact the assigned judge's chambers by telephone.
All uncontested actions (i.e. default judgment damage hearings,) may be set for trial by telephoning the Chambers of the Judge to which the case is assigned to obtain a hearing date.
Page 5 | RULE 5. MOTION PRACTICE (NON-DOMESTIC); MOTION DAYS (DOCKET)
Attorneys must advise clients and witnesses that discussing pending matters with the Court is improper and that communicating with jurors is prohibited by statute.
A. Conduct. All attorneys shall advise their clients and witnesses of proper courtroom decorum, including, THE IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT and the statutory prohibition against communicating to jurors. (KRS 29A.310(2)).
Page 11 | RULE 16. COURT DECORUM
If exceptions or objections are filed, the attorneys should arrange a hearing date with the Probate Court.
If exceptions or objections are filed, the attorneys involved should arrange with the Probate Court for a date when the matter may be heard.
Page 25 | RULE 36. Settlements
An attorney in good standing may contact the Boone and Gallatin Clerk’s Office to request addition to the warning order attorney list.
To be appointed as a warning order attorney (WOA), any licensed attorney in good standing with the Kentucky Bar Association may contact the Boone and Gallatin Clerk's Office and ask to be added to the list.
Page 12 | 10.1 Qualifications for Court-Appointed Counsel, Guardians as Litem, and Warning Order Attorneys
Call the Circuit Court Clerk's office with questions about services; the office cannot provide legal advice.
Phone: 859-567-5241 Fax: 859-567-7420 Please call the office with any questions about services. Offices of Circuit Court Clerk cannot provide legal advice.
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