Garrard County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Adjournments
- For a continuance, counsel must comply with FCRPP 21 and circulate an agreed order signed by all parties or counsel that states the agreed date.
Request must include
Communication
Chambers
Phone
Phone
Document Format Requirements1 rule
For a Status Quo Order in a dissolution case, the Court may use form AOC-237 or, when necessary, accept a case-specific order.
Court's wording
If the Court finds it appropriate to enter a Status Quo Order in a dissolution case, the Court may order the entry of a Status Quo Order using the standard Status Quo Order form (form AOC-237) or, when necessary, may accept an Order drafted specific to the case.
Document Filing Requirements52 rules
Pro se litigants must complete a Pro Se Motion Request (only available at the Circuit Clerk's Office), and leave the completed form with the Circuit Clerk's Office.
Initial motions shall include email addresses for the movant and all parties listed on the certificate of service, if known.
Parties shall then e-file their motion according to existing Administrative Office of the Courts (AOC) protocols, including the Zoom information.
- Document
- Motion
Must include
- •Zoom information
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court, said Order shall contain a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
Prior to conducting an adoption hearing, and absent any conflicting order of the Court, the following must be submitted to the Court for review: 1. Findings of Fact and Conclusions of Law,
- Document
- Adoption hearing submission
Must include
- •Findings of Fact and Conclusions of Law
If counsel needs access to records of confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents. Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.
- Document
- Motion to inspect and copy confidential records
Must include
- •Proposed order
The Court requires that only One order be tendered for the Court's signature.
The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her response.
If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a "Have Seen" basis before it is submitted to the Court for entry. The Court may not require a "Have Seen" if the other party is pro se.
Any dependency, neglect, abuse, or status offender petition filed with this Court shall comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.
Pursuant to FCRPP 27, any Prevention or Safety Plan shall be placed in the Court record
and the original shall be filed in the Circuit Clerk's Office.
A person seeking an ECO during normal business hours must complete an ECO Petition and ECO affidavit.
Court's wording
During normal business hours, 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the Circuit Clerk's Office of the county where the child is found or resides to complete an ECO Petition and ECO affidavit.
Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.
At a disposition hearing, the Cabinet for Health and Family Services (CHFS) shall provide the Court with all information as required by FCRPP 26 by completing the form AOC-DNA-12.
If divorce education is ordered in a case, the Court will not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record.
Counsel for the parties will then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place that the mediation will occur.
Upon proper motion, the Court will set a contested matter for an extended, Final Hearing.
The Court requires that all parties and/or their counsel certify that all discovery is complete and that a good faith attempt at settlement has been attempted and that it has failed before a Final Hearing is set.
Pursuant to FCRPP 3, parties may submit à decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties shall file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.
The pre-trial order will include directions on closing the record, the Court's options if a continuance is sought because a party is unready, and the general order of witnesses.
Court's wording
Further, the pre-trial order will include: 1. A directive that the record will close at the conclusion of testimony and that the record will not be supplemented;. 2. A statement that should a party be unready on the date of the hearing and a continuance is sought, the Court may require the matter to be submitted by . deposition and the costs will be allocated equitably; and 3. A statement that generally the parties will be called to testify as the first two witnesses upon direct and cross examination. This will be especially true when custody and parenting time are at issue. Other witnesses should be scheduled for later in the day.
6. A witness list, trial exhibits, etc.. [Please Note: No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.]
The pre-trial order requires parties to prepare and submit specified factual summaries, issues, arguments with supporting authority, requested relief, and witness and trial exhibit lists.
Court's wording
The Court will enter a pre-trial order, which will require parties prepare and submit:. 1. A summary of the general facts;. 2. Statement of any stipulated facts; 3. A list of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute which is to include • argument with ample supportive citations of authority pertinent to each issue of fact and law; 5. Conclusions setting forth the specific relief sought from the Court; and 6. A witness list, trial exhibits, etc.. [Please Note: No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.]
1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction;
2. Contact information of child's parents or guardians.
In lieu of filing said disclosures, parties may waive the filing of disclosures for good cause upon proper motion and approval by the Court.
FCRPP 2(3) requires parties involved in divorce litigation to file disclosure statements.
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.
The petition must indicate in its Court Action section whether the resulting 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 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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
If counsel is directed to prepare an order, it shall be done and left at the Clerk's office
Every judgment and order of sale must state the prescribed sale terms, including payment options, bond and interest terms, taxes, possession and risk of loss, and applicable interests, liens, and property restrictions.
Court's wording
The terms of sale to be stated in all Judgments and Orders of Sale and are as follows: (1) The terms of the sale shall be either cash or ten (10%) percent of the purchase price in the form of a cash deposit at the time of sale and balance of the purchase price on a credit of 60 days. If the purchaser elects to take credit for the balance, then the purchaser will be required to post bond and furnish acceptable surety thereon. Said bond shall be for the unpaid balance of the purchase price and bear interest at the ratc of twelve (12%) percent per annum from the date of sale until paid. (2) The purchaser shall be required to assume and pay all taxes levied against said property for the current tax ycar and all subsequent ycars. The property shall be sold "as is", and possession shall pass to the purchaser upon delivery of deed. Risk of loss shall pass to the purchaser upon cxecution of bond of sale or payment of the purchase price in full whichever occurs first. (3) The properly shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party. The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, casements, covenants, and rights-of- way, of record or otherwise.
(1) The matter is of an emergency nature and the grounds for the emergency are stated in the motion; (2) The motion and notice requirements are complied with; and (3) The record is made available as required by Kentucky Rulcs of Procedure: CR 79.05.
(2) A legal description to be sold with a street address, if available. (3) The name and address of each person or entity who is to be served notice by the Master Commissioner. (4) The name of the party or parties whose interest is being sold or conveyed. (5) The source of litle of the party or parties whose interest is being sold or conveyca.
(3) tender an Order Entering Guilty Plea.
(1) file a written Plea Agreement in open court;
(2) file a Motion to Enter a Guilty Plea, signed in open court; and
An Order of Distribution must state amounts collected and, when applicable, taxing-authority and tax-bill details; the first-priority lienholder prepares it and addresses secondary lienholders, including stating unknown interests so the balance can be held pending further court orders.
Court's wording
Orders of Distribution of funds held by the Master Commissioner shall: (1) Set forth the amounts collected, including the advance costs deposit referenced in 6.10(1) above. (2) If disbursements are to be made to a taxing authority, then the taxing authority with the outstanding tax bill number and year must be listed in the Order of Distribution and copy of the tax bill or bills must be furnished to the Master Commissioner. (3) The preparation of the Order of Distribution sliall be the responsibility of the lien holder of first priority and shall address all secondary lienholder's interests. (4) If the amount of a secondary lienholder's interest is unknown, then that is to be stated in the Order of Distribution and the balance is to be held by the Master Commissioner pending further Orders of the Court.
If an incarcerated defendant desires to be present at a status hearing, motion, or any other stage of the proceedings not specifically mentioned in 4.20A, the defendant or counsel shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.
If a defendant is in state or federal custody, the Court shall issue the transport order for arraignment, but counsel for the defendant shall submit transport orders to the Court for all subsequent appearances.
c. If any subpoenacd witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.
Protective-order petitions 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.
The reviewing judge must identify in the petition whether the resulting 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 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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
In applying for pretrial diversion, counsel for defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense and other conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the 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 .
At the conclusion of a hearing, the Court may request that counsel for a party prepare the Order that reflects the Court's rulings.
If parties resolve a contested issue, they may submit an Agreed Order to the Court prior to their Hearing.
(g) Attomeys are encouraged to prepare summons to assist the Clerk in issuance of same.
A diversion order may include drug- and alcohol-free conditions with random testing, restrictions on violations and weapons, and other conditions deemed necessary.
Court's wording
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon . 4. Others as deemed necessary .
Filing & Service rules
Electronic Filing Rules
After the court schedules the initial appearance, parties must e-file the motion under AOC protocols, including the Zoom information.
Parties shall then e-file their motion according to existing Administrative Office of the Courts (AOC) protocols, including the Zoom information.
Page 6 | 2.03 - General Motion Practice
Petitions must be forwarded to a judge or trial commissioner electronically, not on paper, except during a declared state of emergency.
The petition shall be forwarded to a judge or trial commissioner via the electronic EPO/TIPO process. No paper copies of petitions shall be forwarded to a judge or trial commissioner for further processing, unless a state of emergency has been declared by an appropriate authority.
Page 17 | L. Uniform Protocol for Handling Cases
Filing Timing and Cure Windows
Motions must be filed by close of business seven days before the scheduled hearing.
All motions are to be filed and served upon the opposing party no later than the close of business seven days in advance of the scheduled hearing.
Page 7
An initial hearing on temporary custody, timesharing, visitation, or child support must be conducted within 60 days of filing, subject to the Court's availability for scheduling.
Pursuant to FCRPP 6(3), an initial hearing for temporary custody, timesharing, visitation, or child support shall be conducted within sixty (60) days of filing. These will be scheduled according to the Court's availability.
Page 7 | 2.04 - Pendente Lite Motions
If opposing counsel does not sign off on and submit the order, the order must include the drafting attorney's verification that opposing counsel received it and did not respond for at least seven business days.
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court, said Order shall contain a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
Page 8 | 2.08 - Orders
Reports in dependency, neglect, and abuse cases must be forwarded to the Court at least seven days before the hearing.
Pursuant to FCRPP 26, the Court requires all reports in dependency, neglect, and abuse cases to be forwarded to the Court no later than seven (7) days prior to the hearing.
Page 10 | 6.02 - Court Reports
A Temporary Removal Hearing must be scheduled within 72 hours after an ECO is issued, excluding holidays and weekends.
Temporary Removal Hearings (TRHs) shall be scheduled within 72 hours, excluding holidays and weekends, of the issuance of an ECO.
Page 12 | 6.09 - Temporary Removal Hearings
Motions to be heard at a Case Management Conference must be filed at least seven days before the Conference.
Parties are free to file motions to be heard at the Case Management Conference. Said motions must be filed at least seven (7) days prior to the Conference.
Page 13 | RULE VII - DOMESTIC RELATIONS PRACTICE
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 18 | II. Twenty-four Hour Accessibility
If counsel is directed to prepare an order, it shall be done and left at the Clerk's office within five (5) days of
If counsel is directed to prepare an order, it shall be done and left at the Clerk's office within five (5) days of
Page 6 | 2.20 MOTION RULES
Motions must be filed with the Circuit Clerk by close of business on the third day before the motion.
Motions shall be filed with the Circuit Clerk on or before close of business of the third day preceding the motion.
Page 6 | 2.20 MOTION RULES
The party calling an incarcerated witness must submit the transport order at least five days before the desired appearance.
c. If any subpoenacd witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.
Page 9 | 4.20 TRANSPORTATION-INCARCERATED DEFEDANTS/WITNESSES
An incarcerated defendant or counsel must submit the transport order at least five days before the desired appearance.
If an incarcerated defendant desires to be present at a status hearing, motion, or any other stage of the proceedings not specifically mentioned in 4.20A, the defendant or counsel shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.
Page 9 | 4.20 TRANSPORTATION-INCARCERATED DEFEDANTS/WITNESSES
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
An eligible person may apply for pretrial diversion after indictment, but no later than 45 days before trial.
After indictment in circuit court, and no later than 45 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 | III. Procedure
A petition must be reviewed within an hour after presentation to a judge or trial commissioner, unless one is unavailable.
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 2 | II. Twenty-four Hour Accessibility
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 18 | II. Twenty-four Hour Accessibility
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 18 | II. Twenty-four Hour Accessibility
Petitions are to be reviewed within an hour after presentation, unless a judge or trial commissioner is unavailable.
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 12 | Twenty-four Hour Accessibility
Service and Proof of Service Rules
All pleadings, including attachments, must be served on every other party or that party's counsel.
All pleadings, including any attachments, shall be served on all other parties or their counsel.
Page 6 | 2.03 - General Motion Practice
Motions must be served on the opposing party no later than close of business seven days before the scheduled hearing.
All motions are to be filed and served upon the opposing party no later than the close of business seven days in advance of the scheduled hearing.
Page 7
When directed by the Court, the moving party must notify the pro se party, with the notice included in the Zoom invite, and file a copy with the Circuit Clerk's Office.
party included in the matter, the Court will direct the moving party to notify the pro se party. This will be included within the Zoom invite. Moving party shall give notice to the pro se party and file a copy of said notice with the Circuit Clerk's Office.
Page 7
Parties or their counsel must notify the Commonwealth whenever the case is docketed.
Parties or their counsel shall notice the Commonwealth any time the case is docketed.
Page 10 | 5.04 - Custody and Timesharing
Copies of a Prevention or Safety Plan must be given to all parties or their counsel.
copies given to all parties or their counsel.
Page 11 | 6.04 - Prevention Plans
A copy of each filed dependency, neglect, and abuse offender petition must be forwarded to the assigned County Attorney and assistant.
A copy of all dependency, neglect, and abuse offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions,
Page 11 | 6.07 - Petitions
After the hearing, the Petitioner must continue 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 12 | 6.08 - The Effects of Service on Only One Parent
A copy of each filed status offender petition must be forwarded to the County Attorney and the assigned assistant County Attorney.
A copy of all status offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions
Page 15 | RULE VIII - STATUS OFFENSES
Motions and their notices must be served at least seven days before the hearing, unless good cause is shown.
Motions and notice thereof shall be served at least seven (7) days prior to the Time specified for the hearing, except for good cause shown.
Page 6 | 2.20 MOTION RULES
The Court may void participation in diversion after a hearing, with notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person'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 of a Diversion Order
When a case is transferred, the initiating court must reissue an unserved summons for the period specified, and the receiving court must reissue it as needed thereafter.
Any emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 1 | I. Uniform Protocol for Processing Cases
Additionally, reports should be forwarded to all parties or their counsel.
Additionally, reports should be forwarded to all parties or their counsel.
Page 10 | 6.02 - Court Reports
The Clerk must make reasonable efforts to notify the child's parents or guardians.
The Clerk shall make reasonable efforts to notify the child's parents or guardians.
Page 12 | 6.07 - Petitions
The Court may allow a Temporary Removal Hearing or adjudication to proceed without service on the non-custodial parent under FCRPP 17 only if the specified reasonable efforts to serve and locate the other parties are established on the record.
The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that Clerk has made reasonable 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 12 | 6.08 - The Effects of Service on Only One Parent
Reports may be sent by email if appropriate measures are taken to preserve confidentiality.
Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
Page 10 | 6.02 - Court Reports
Filing Fees and Waivers
Before a sale date is set, the requesting party must pay $750 toward the estimated costs of each sale; any additional requested expense is addressed individually by the Master Commissioner.
(1) Payment for the estimated costs of each sale in the amount of Seven Hundred and Fifty Dollars ($750.00). Any additional expense requested by the party secking a date of sale will be addressed on an individual basis by the Master Commissioner.
Page 7 | RULE III MASTER COMMISSIONER — 3.10 GENERAL REQUIREMENT
Courtesy Copy Requirements
A copy of every motion must be provided to the Court.
All motions are to be copied to the Court.
Page 6 | 2.20 MOTION RULES
Sealing & Redaction Procedures
While paternity cases remain confidential, file access is limited to specified people; counsel generally must file an Entry of Appearance or provide a party-signed notarized authorization, subject to stated exceptions.
Until such time as paternity cases are no longer deemed confidential proceedings under Kentucky law, the Clerk shall restrict access to paternity cases to the parties, the Commonwealth, and any attorney that a party has retained. Counsel for a party shall not be permitted access to a paternity file unless he or she files an Entry of Appearance on behalf of a named party to the proceeding. In the alternative, an attorney may access a paternity file by producing to the Clerk a notarized authorization signed by a party. Additionally, an attorney appointed by the Court to serve as a Warning Order Attorney, or as an attorney for an incarcerated or incompetent individual, may have access to the file.
Page 10 | 5.03 - Access to Paternity Files
Adjournment & Extension Requirements
For a continuance, counsel must comply with FCRPP 21 and circulate an agreed order signed by all parties or counsel that states the agreed date.
Continuances shall comply with FCRPP 21. Counsel shall circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date.
Page 11 | 6.03 - Continuances
Chambers Communication Rules
Adoptions and other unlisted cases within the Court's jurisdiction must be scheduled by appointment through the Judge's Office.
Adoptions and other cases not specifically listed but also within the Court's jurisdiction shall be scheduled as needed by appointment through the Judge's Office.
Page 6 | 2.02 - Other Hearings
Before e-filing, parties must email their motion to the Family Court Office at the listed address.
Parties wishing to place a matter before the Family Court shall initially forward their motion to the Family Court Office via email, (13thcircuitfamilycourt@kycourts.net).
Page 6 | 2.03 - General Motion Practice
Outside normal working hours, law enforcement or the Cabinet for Health and Family Services must contact one of the listed judicial officers to obtain an ECO.
Outside of normal working hours, law enforcement or Cabinet for Health and Family Services will contact the Family Court Judge, District Court Judge, General Circuit Judge, or Trial Commissioner to get an ECO.
Page 11 | 6.06 - Procedure for Seeking an Emergency Custody Order (ECO)
During the stated business hours, a person seeking an ECO must go to the Circuit Clerk's Office in the county where the child is found or resides.
During normal business hours, 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the Circuit Clerk's Office of the county where the child is found or resides to complete an ECO Petition and ECO affidavit.
Page 11 | 6.06 - Procedure for Seeking an Emergency Custody Order (ECO)
A guilty plea with a Commonwealth recommendation may be entered before trial only if the Court and Clerk are notified by the close of the second business day before trial; otherwise, the plea must be to the indictment as charged, with amendments or plea bargaining allowed only for good cause.
B. A plea of guilty, with a recommendation from the Commonwealth, may be entered anytime before trial but only if the Court and Clerk are notified of such by the close of the second busincss day prior to trial so that the jury may be properly notified. If not, a plea of guilty must be to the Indictment as charged, and no amendments or plea bargaining will be approved except for good cause shown.
Page 9 | RULE IV CRIMINAL MATTERS
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Family Court Judge, the District Court Judge, the Circuit Court Judge, or the Trial Commissioner, based on availability.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Family Court Judge, the District Court Judge, the Circuit Court Judge, or the Trial Commissioner, based on availability.
Page 3 | II. Twenty-four Hour Accessibility
During regular business hours, the authorized agency or officer must present a received petition to an available listed judicial officer.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The Family Court Judge, the District Court Judge, the Circuit Court Judge, or the Trial Commissioner, based on availability.
Page 3 | II. Twenty-four Hour Accessibility
Do not send criminal-record-check requests to the local Pretrial Services Officer.
Do not send requests to the local Pretrial Services Officer .
Criminal cases
Page 3 | III. Procedure
When contacting the Court about a specific case, care must be taken to avoid improper ex parte communication.
If contact is made with the Court regarding a specific case, care must be taken to avoid improper ex parte communication.
Page 4 | 1.05 - Contact with the Court
An attorney seeking placement on either county's GAL list should contact the Judge's office.
An attorney who wishes to be placed on the GAL list for either county should contact the Judge's office for inclusion on the list.
Page 10 | 6.01 - Roster of Guardians Ad Litem
Petitioners initiating contempt proceedings should contact the Circuit Court Clerk's Office in the county where the action is pending.
Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the action is pending.
Page 2 | III. Contempt Proceedings
The Court may be contacted by email or phone using the listed contact information.
Contact with the Family Court Judge, Staff, or Office may be made by email (13thcircuitfamilycourt@kycourts.net or by emailing a specific individual within the office) or by phone (859-881-0951 or 859-792-1652).
Page 4 | 1.05 - Contact with the Court
If both parties agree to mediate and wish to use court mediation, they may contact the Judge's office to arrange a date, if court mediation is available.
If both parties otherwise agree to mediate and wish to use court mediation, if available, they may contact the Judge's office to set up a mediation date.
Page 13 | RULE VII - DOMESTIC RELATIONS PRACTICE
Petitioners seeking to initiate civil contempt proceedings should contact the circuit court clerk in the county where the action is pending or a victim's rights advocate.
Petitioners seeking to initiate civil contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the action is pending or A victim's rights advocate.
Page 19 | IV. Contempt Proceedings
Petitioners should contact the Circuit Court Clerk’s Office in the county where the action is pending to initiate contempt proceedings.
Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the action is pending.
Page 12 | III. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the action is pending.
Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the action is pending.
Page 4 | IV. Contempt Proceedings
Before making a recommendation, the Commonwealth may request the criminal record check by telephone using the listed AOC Pretrial Services number; requests must not be sent to the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 .
Criminal cases
Page 3 | III. Procedure