Graves Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleading
Adjournments
- An attorney who cannot attend must immediately try to agree on a new hearing time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge as well as file it with the Clerk.
- If no hearing can be scheduled before the original hearing date, the motion is automatically continued to the agreed hearing date or the next Civil Motion Hour, whichever comes first.
- Previously continued cases do not receive preference for trial dates unless good cause supports preference.
- +1 more
Request must include
Communication
Chambers
Document Format Requirements2 rules
ALL tendered Orders shall be filed in both PDF and WORD format.
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.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
Document Filing Requirements56 rules
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 judge must indicate in the Petition’s “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.
Court's wording
The Judge reviewing the 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.
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 .
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application, and the Commonwealth's signature on the joint motion shall be considered a sufficient response.
Restitution, if applicable .
Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) .
Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing on the motion.
No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.
- Document
- Motion
Must include
- •Proposed order
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
Any pleading that refers to an exhibit as attached to the pleading shall, in fact, be accompanied by such exhibit, and opposing counsel shall not be required to respond to such pleading which fails to include the referenced exhibit.
All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk’s Certificate of Service for all parties.
Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court.
The order or judgment must note if the opposing party is unrepresented or that party’s counsel declines to attest it.
Court's wording
If the party against whom the order or judgment is to be entered is not represented by counsel, or is represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.
Merits motions must include a brief statement of their grounds and citations to the authorities relied upon.
Court's wording
All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon.
When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.
Upon submission of any action to the Court for final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted.
An action shall be submitted only upon the entry or an order of submission.
The rule shall contain a short statement of the grounds for its issuance.
A CR 78(2) motion must state that it is made under that rule and notify opposing counsel that it may be routinely granted ten days after filing unless an objection or response is received.
Court's wording
The movant, in his Certificate of Service or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney’s attention to the fact that under this local Rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
No case shall be set for a pretrial conference or trial until the Plaintiff has certified to the Court that all medical and expert depositions have been scheduled.
Before the pretrial conference, parties must present written instructions reflecting their then-current understanding of the issues and law; further instructions remain permissible as later proceedings indicate, and good cause may excuse compliance.
Court's wording
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings;
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order incorporating the Court’s rulings, agreements, or stipulations of the parties and any matter designated by the Court not later than ten (10) days following the pretrial conference.
At the time of the filing of any motion, the Petitioner shall file a proposed Temporary Order, along with a child support calculation, establishing shared custody with equal time sharing pursuant to KRS 403.
Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree.
Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.
Uncontested adoption and termination matters must be noticed for immediate hearing at 11:30 a.m. on the second or fourth Friday; contested matters must be noticed for 11:30 a.m., when a hearing date will be set.
Court's wording
Uncontested adoptions and uncontested terminations of parental rights shall be noticed for immediate hearing at 11:30 a.m. at the Confidential Motion Hour, which is the second and fourth Fridays of each month. Motions to set contested adoptions or contested terminations of parental rights shall be noticed for 11:30 a.m. at the Confidential Motion Hour, and a hearing date shall be set at that time.
For a virtual appearance, counsel must provide the Office of the Circuit Judge an Order to Appear identifying the facility’s name and location at least two business days beforehand.
Court's wording
If the incarcerated party is to appear virtually, the attorney for the incarcerated party shall provide an ORDER TO APPEAR (noting the location and name of the facility of the incarcerated party) to the Office of the Circuit Judge at least two (2) business days prior to the schedule court appearance date.
If the incarcerated party is to appear in person, the attorney for the incarcerated party shall provide a TRANSPORTATION ORDER (noting the location and name of the facility of the incarcerated party) to the Office of the Circuit Judge at least two (2) business days prior to the scheduled court appearance date.
The motion to set a trial date must be accompanied by a Report of Settlement Conference or Memorandum of Remaining Issues identifying contested and settled issues.
Court's wording
A. In all contested domestic actions, prior to filing a motion for the Court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference or a Memorandum of Remaining Issues, identifying all contested and settled issues shall be filed with the Motion.
Abuse training program and provide the program Certificate of completion to the Graves Circuit Clerk to be kept on file in that office.
A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406, and 407 by providing the personal identifying information required in those chapters.
All attorneys, both privately retained and appointed, shall timely file a written Entry of Appearance with the Court.
Upon receiving an appointment, a Special Prosecutor must timely file a written Entry of Appearance with the Court.
Court's wording
If a Special Prosecutor is requested and appointed to a case, upon receipt of the appointment by the Special Prosecutor, the Special Prosecutor shall timely file a written Entry of Appearance with the Court.
All prosecutors, including Graves County Commonwealth attorneys, shall timely file a written Entry of Appearance with the Court.
If the Department of Public Advocacy contracts with Conflict Counsel, the contracted attorney shall timely file a written Entry of Appearance with the Court.
At least ten (10) days prior to the Status Conference, the Commonwealth Attorney shall file a copy of the indictment and a notice of compliance with discovery requirements.
A pretrial motion requiring more than 15 minutes of testimony or argument must request a special hearing date.
Court's wording
Absent good cause shown, all pretrial motions, excluding motions in limine, shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.
The specified plea, offer, and diversion paperwork submitted under this rule must be signed.
Court's wording
Copies of signed motion to enter Guilty Plea, Commonwealth Offer, Pretrial Diversion paperwork shall be filed and emailed to the Circuit Judge’s Office at least two (2) business days prior to the scheduled court appearance date, absent good cause shown.
The Order shall be sufficiently specific to indicate clearly the purposes of the reference and the duties to be performed by the Master Commissioner.
The statement shall itemize all amounts included in the party’s Judgment, the statement shall include a per diem rate and party’s itemized courts costs. The statement will not include reserved amounts and matters not adjudicated.
The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner. A new statement shall be filed if a sale is rescheduled.
The Commissioner’s sale handbill shall include the amount to be raised as set for the in the statement of the party requesting the sale.
Report of Sale shall be filed in accordance with Part IV of the Administrative Procedures of the Court of Justice.
All Judgments tendered by Plaintiff shall contain the entire legal description, source of title Deed Book and page #, and Map # and address.
C. Objections to the Master Commissioner’s Report shall be made with particulars and with a memorandum of authorities, if appropriate.
D. The appraisal shall be in writing, signed by the persons making it and filed in the Court record prior to the sale.
The specified demand must include the prescribed statement explaining how the Defendant can request a hearing.
Court's wording
D. The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement: If you want a hearing, you must notify the Master Commissioner in writing within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.
The Judge reviewing the Petition for an order of protection shall indicate in the “Court Action” section of the Petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
The proper procedure in procuring a rule for contempt is as follows: A motion should be filed asking for the rule, and this should be supported by a sufficient affidavit showing that applicant is entitled to the same.
If the Court requires trial briefs, each party must submit a short memorandum of the facts and law on which it will rely.
Court's wording
require each party to submit a trial brief consisting of a short memorandum of the party’s view of the facts and law on which that party will rely; and if so, the Court shall fix the time for filing such briefs in the pretrial order.
Pursuant to FCRPP 2(5), a completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance.
Motions, including those for Interlocutory Decrees or final Decrees, that are submitted for decision upon Depositions shall note that fact, and shall not be set for a time certain, and shall be noticed for the convenience of the Court.
Either party may file a motion seeking a deviation from the standard along with an accompanying affidavit setting forth specific grounds to rebut the presumption.
The objections will then stand submitted upon the filing of Form AOC 280.
Filing & Service rules
Electronic Filing Rules
Motions, proposed orders, notices, and other pleadings must be submitted to the Clerk through Courtnet e-filing, subject to exceptions.
With few exceptions, Motions and proposed orders, Notices and other pleadings shall be submitted to the Clerk through and in compliance with the filing requirements of the Courtnet e-filing system.
Page 3 | Rule 2. Motions and Motion Docket, 201.A
Filing Timing and Cure Windows
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. KRS 403.730, KRS 456.040.
Page 2 | I. Uniform Protocol for Handling Cases
Motions must be submitted by the date set for the defendant's pretrial conference.
Motions shall be submitted no later than the date set for pretrial conference of the defendant's case .
Criminal cases
Page 3
After an order of submission is entered, no further pleadings, proof, or briefs may be filed unless the Court orders or allows them for good cause shown.
No further pleadings, proof, or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the entry of the order of submission.
Page 5 | 205. Order of Submission
Unless a statute, rule, or order provides otherwise, motions must be filed with the Clerk by 4:00 p.m. on the Friday before Civil (Non-Domestic) Motion Hour.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk by 4:00 p.m. on Friday preceding the Civil (Non-Domestic) Motion Hour
Page 7 | Rule 3. General Civil (Non-Domestic)
Responses and countermotions must be filed at least two days before Friday Motion Hour, and no later than 10:00 a.m. on the preceding Wednesday.
Responses and countermotions, if any, shall be filed at least two days prior to motion hour Friday, no later than 10:00 a.m. on the Wednesday preceding Motion Hour on Friday.
Page 7 | Rule 3. General Civil (Non-Domestic)
If no pretrial order is entered at the conference, attorneys must submit the prepared order no later than 10 days after the pretrial conference.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order incorporating the Court’s rulings, agreements, or stipulations of the parties and any matter designated by the Court not later than ten (10) days following the pretrial conference.
Page 10 | 304. Trial and Case Management: Civil (Non-Domestic) Cases, F
Domestic motions must be filed with the Clerk by 4:00 p.m. on the Friday before the scheduled motion hour.
Domestic motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour
Page 13 | 402. Deadlines for Serving and Filing Motions
Responses and countermotions must be filed by 10:00 a.m. on the Wednesday before Friday Domestic Motion Hour.
Responses and countermotions, if any, shall be filed at least two (2) days prior to Domestic Motion Hour, no later than 10:00 a.m. on Wednesday preceding Domestic Motion Hour on Friday.
Page 13 | 402. Deadlines for Serving and Filing Motions
The petitioner’s attorney or pro se petitioner is responsible for placing adoption or termination matters on the docket in compliance with applicable statutory time limits.
Petitioner's attorney, or Petitioner, if pro se, shall be responsible for placing adoption/termination matters on the Court's docket to be in compliance with the time limits, if applicable, set out in KRS 625.042 or FCRPP
Page 13 | 501. Regular Motion Hour Schedule-Confidential Cases
Confidential motions for a particular Friday motion hour must be filed with the Clerk by 4:00 p.m. on the preceding Friday.
Confidential motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour
Page 14 | 502. Deadlines for Serving and Filing Motions
Responses and countermotions must be filed by 10:00 a.m. on the Wednesday before Friday Confidential Motion Hour.
Responses and countermotions, if any, shall be filed at least two (2) days prior to Confidential Motion Hour, no later than 10:00 a.m. on Wednesday preceding Confidential Motion Hour on Friday.
Page 14 | 502. Deadlines for Serving and Filing Motions
A party intending to use a non-party witness’s deposition at trial must ensure it is taken, transcribed, and filed at least 48 hours before trial.
B. All proceedings in contested actions for the dissolution of a marriage shall be heard by the Court, provided the testimony of any witness not a party may be taken by deposition. However, it is the responsibility of the attorney or party desiring to use the deposition of such non-party witness to see that the deposition is taken, transcribed, and filed prior to 48 hours in advance of the trial.
Page 15 | Rule 6. Domestic Relations Practice, 601. Contested Actions
The attorney’s notice about an incarcerated party’s facility and appearance method is due at least two business days before the scheduled appearance, unless the Court orders otherwise.
If a party to an action is incarcerated, unless otherwise ordered by the Court, at least two (2) business days prior to the incarcerated party’s scheduled court appearance, the attorney of record for the incarcerated party shall notify the Office of the Circuit Judge of the name and location of the facility where the party is incarcerated AND if the incarcerated party will appear before the Court virtually via ZOOM, or similar virtual program as utilized by the Court, or if the incarcerated party will appear in person.
Page 17 | 604. Incarcerated Party
Orders to Appear and Transportation Orders are due by email at least two business days before the scheduled appearance.
All ORDERS TO APPEAR and TRANSPORTATION ORDERS shall be EMAILED to the Office of the Circuit Judge at least two (2) business days prior to the scheduled court appearance date.
Page 17 | 604. Incarcerated Party
The Commonwealth Attorney must file a copy of the indictment and a discovery-compliance notice at least 10 days before the Status Conference.
At least ten (10) days prior to the Status Conference, the Commonwealth Attorney shall file a copy of the indictment and a notice of compliance with discovery requirements.
Page 21 | 902. Status Conference and Pretrial: Criminal Cases
Absent good cause, pretrial motions other than motions in limine must be filed before the pretrial conference, and motions requiring more than 15 minutes of testimony or argument must request a special hearing date.
Absent good cause shown, all pretrial motions, excluding motions in limine, shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.
Page 21 | 902. Status Conference and Pretrial: Criminal Cases
Responses and countermotions must be filed at least two business days before Monday Motion Hour, no later than 10:00 a.m. on the preceding Thursday.
Responses and countermotions, if any, shall be filed at least two business days prior to motion hour Monday, no later than 10:00 a.m. on the Thursday preceding Motion Hour on Monday.
Page 22 | Rule 903. Motions
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk by 4:00 p.m. on Monday preceding the Criminal Motion Hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk by 4:00 p.m. on Monday preceding the Criminal Motion Hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.
Page 22 | Rule 903. Motions
Copies of the signed plea, offer, or diversion paperwork must be filed at least two business days before the scheduled appearance, absent good cause.
Copies of signed motion to enter Guilty Plea, Commonwealth Offer, Pretrial Diversion paperwork shall be filed and emailed to the Circuit Judge’s Office at least two (2) business days prior to the scheduled court appearance date, absent good cause shown.
Page 23 | Rule 905. Motion to Enter Guilty Plea/Commonwealth Offer/Pretrial Diversion Paperwork
The appraisal must be filed in the court record before the sale.
D. The appraisal shall be in writing, signed by the persons making it and filed in the Court record prior to the sale.
Page 29 | 1109. Appraisals
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 38 | I.F
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 38 | I.F
Petitions should be reviewed within an hour of presentation to a Judge or Trial Commissioner, unless neither 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 2 | I. Uniform Protocol for Handling Cases
Times referred to in the rules are Central Standard Time.
All times referred to in this Rules ae Central Standard Time.
Page 3 | Rule 2. Motions and Motion Docket, 201.B
A CR 78(2) motion may be routinely granted ten days after filing unless an objection is received or a response is filed.
The movant, in his Certificate of Service or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney’s attention to the fact that under this local Rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
Page 8 | Rule 3. General Civil (Non-Domestic)
If the opposing attorney states discovery is unfinished, 30 days are allowed to complete it, after which the moving attorney may re-notice the trial-date motion.
If a party moves for a trial date and certifies that his discovery of a party has been taken and the other party’s attorney states he is not through taking discovery of a party, then thirty (30) days shall be allowed for that discovery to be completed, at which time the attorney can re-notice his motion for a trial date.
Page 9 | 304. Trial and Case Management: Civil (Non-Domestic) Cases, B
If the Court requires trial briefs, the pretrial order must set the filing time.
require each party to submit a trial brief consisting of a short memorandum of the party’s view of the facts and law on which that party will rely; and if so, the Court shall fix the time for filing such briefs in the pretrial order.
Page 11 | Rule 3 – Civil (Non-Domestic) Cases
A successful bidder may move for confirmation no earlier than ten days after the Master Commissioner’s Report of Sale is filed.
A successful bidder at a sale may move for an Order confirming the sale ten (10) or more days after the filing of a Master Commissioner’s Report of Sale.
Page 27 | 1106. Confirmation
The Court confirms a Master Commissioner’s Report without a motion if no objections are filed within the period prescribed by the Civil Rules.
A. Reports of the Master Commissioner shall be confirmed by the Court without the necessity of motion if no objections are filed within the time period prescribed by Civil Rules.
Page 28 | 1107. Master Commissioner Reports
A response to objections may be filed within five days after the objections are filed.
A response to the objections may be filed within five (5) days of the filing of the objections.
Page 28 | 1107. Master Commissioner Reports
Petitions should be reviewed within an hour of presentation to a Judge or Trial Commissioner, unless neither 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 38 | I.F
A motion for Shock Probation may be filed under the 10-day Rule to allow time for a response.
Motions for Shock Probation may be filed under the 10-day Rule to allow time for a response to be filed.
Page 22 | Rule 903. Motions
Service and Proof of Service Rules
After entry, the Clerk must deliver attested copies to all parties or their attorneys; delivery may be by hand, U.S. Mail, e-filing, email, or fax.
After entry, the Clerk shall deliver attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure. Copies may be delivered by hand, U.S. Mail, electronically through the e-filing system, email, or fax.
Page 4 | 202. Entry of Orders and Judgments
Motions must be served on the opposing party or counsel on the day they are filed, by fax, email, e-filing, or actual service.
and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.
Page 7 | Rule 3. General Civil (Non-Domestic)
Service by mail requires three additional postal delivery days’ notice.
Service, if made by mail, shall require three (3) additional postal delivery days’ notice.
Page 7 | Rule 3. General Civil (Non-Domestic)
A contempt rule may not be heard sooner than five days after service, unless otherwise ordered, and must be served on the person in contempt by an authorized officer or be accepted or acknowledged by the party or counsel.
which rule shall not come on for hearing sooner than five (5) days from the date the rule is served, unless otherwise ordered; and no rule shall come on for hearing unless the same has been served upon the person in contempt by an officer authorized to serve a summons, accepted or acknowledged by the party or the party’s counsel.
Page 7
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness; 7. at least thirty (30) days prior to the pretrial conference, all parties shall exchange a list of all documents, charts, etc., intended to be introduced as evidence at the trial, and shall exchange a list of all stipulations they believe can be agreed upon at the pretrial conference.
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness; 7. at least thirty (30) days prior to the pretrial conference, all parties shall exchange a list of all documents, charts, etc., intended to be introduced as evidence at the trial, and shall exchange a list of all stipulations they believe can be agreed upon at the pretrial conference.
Page 10 | 304. Trial and Case Management: Civil (Non-Domestic) Cases, E.7
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness;
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness;
Page 10 | 304. Trial and Case Management: Civil (Non-Domestic) Cases, E.6
Domestic motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.
Domestic motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.
Page 13 | 402. Deadlines for Serving and Filing Motions
Confidential motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.
Confidential motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.
Page 14 | 502. Deadlines for Serving and Filing Motions
Each side must provide the opposing party with intended trial witnesses’ names and addresses and a brief testimony summary at least 14 days before trial.
D. Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than fourteen (14) days prior to the scheduled trial date.
Page 16 | Rule 6. Domestic Relations Practice, 601. Contested Actions
Absent good cause, pretrial motions other than motions in limine must be served before the pretrial conference.
Absent good cause shown, all pretrial motions, excluding motions in limine, shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.
Page 21 | 902. Status Conference and Pretrial: Criminal Cases
Motions must be served on the opposing party or counsel on the day they are filed, using fax, email, e-filing, or actual service.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk by 4:00 p.m. on Monday preceding the Criminal Motion Hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.
Page 22 | Rule 903. Motions
The party requesting a sale must serve a copy of the amount-to-be-raised statement on all parties and the Master Commissioner.
The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.
Page 25 | Rule 11 – Master Commissioner
Notice of the judicial sale shall be given by the posting of handbills at the at the Graves County Temporary Court Facility (or the permanent Graves County Judicial Facility once it is built), the Graves County Clerk/Deed Room, at or near the property,
Notice of the judicial sale shall be given by the posting of handbills at the at the Graves County Temporary Court Facility (or the permanent Graves County Judicial Facility once it is built), the Graves County Clerk/Deed Room, at or near the property,
Page 26 | Rule 11 – Master Commissioner
A Defendant seeking a hearing must notify the Master Commissioner in writing within seven days and send the Plaintiff’s attorney a copy of the request.
If you want a hearing, you must notify the Master Commissioner in writing within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.
Page 30 | 1110. Possessory and Attachment Hearings
Upon receiving the Defendant’s hearing request, the Master Commissioner’s office must set the hearing date and time and notify the Defendant and Plaintiff’s counsel.
When the Defendant’s request is received, the Master Commissioner’s office shall set a date and time for a hearing and notify the Defendant and counsel for the Plaintiff of the date and time.
Page 30 | 1110. Possessory and Attachment Hearings
Counsel for the plaintiff may choose to serve attachment and garnishment writs or orders directed to third-party garnishees by regular first-class mail, certified mail with return receipt requested, or personal service by a person authorized under CR 45.03.
All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03.
Page 31 | 1113. Procedure for Attachment and Garnishment/Service Thereof
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;
Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;
Page 9 | 304. Trial and Case Management: Civil (Non-Domestic) Cases, E.5
Filing Fees and Waivers
Actions to enforce garnishment under KRS 425.501 et seq. may be instituted by paying the fee set forth in JRP 508.
They may be instituted by payment of the fee set forth in JRP 508
Page 31 | 1113. Procedure for Attachment and Garnishment/Service Thereof
In Graves County mortgage foreclosure and real estate lien enforcement cases, the clerk must collect the required Judicial Sale Administrative Fee with the original filing fee and transmit it quarterly as requested.
In all mortgage foreclosure or real estate lien enforcement cases filed in Graves County, The JSAF (Judicial Sale Administrative Fee) required by Part IV of the Administrative Procedures of the Court of Justice shall be collected by the Graves Circuit Clerk along with the original filing fee. The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts on a quarterly basis as requested.
Page 32 | 1114. Collection of Judicial Sale Administrative Fee
A $90 deed review and execution fee must be assessed when there is no Master Commissioner sale and the Master Commissioner does not draft the deed.
In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $90.00 deed fee shall be assessed for review and execution.
Page 28 | 1108. Master Commissioner’s Fees
The Master Commissioner must assess report fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
B. The Master Commissioner shall assess all report fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
Page 28 | 1108. Master Commissioner’s Fees
The Master Commissioner must assess deed fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
C. The Master Commissioner shall assess all deed fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
Page 28 | 1108. Master Commissioner’s Fees
The Court may authorize sanction fees for repeated corrective action or recurring mistakes that cause repeated review, and any assessed fee must be paid to the Graves Circuit Court Clerk.
Sanction fees may be authorized by the Court in cases where repeated corrective action is required, or where individual attorneys or firms repeats the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner’s office. Any sanction fee assessed shall be paid to the Graves Circuit Court Clerk.
Page 28 | 1108. Master Commissioner’s Fees
The Master Commissioner must assess judicial sale fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
A. The Master Commissioner shall assess all judicial sale fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.
Page 28 | 1108. Master Commissioner’s Fees
For a court-directed personal-property appraisal, the Court determines each appraiser’s fee based on evidence it may require about the property and the work involved.
C. Where an appraisal of personal property is directed by a Judgment or Decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value and the time, labor and skill involved in making the appraisal.
Page 29 | 1109. Appraisals
A $25 fee is assessed for a Letter of Arrest.
D. A $25.00 fee shall be assessed for a Letter of Arrest.
Page 29 | Rule 11 – Master Commissioner
For required appraisals in real-estate sales under a judgment or decree, each appraiser’s fee is $200 and is taxed as costs.
A. In all sales of real estate under Judgment or Decree of Court where an appraisal is required the fee for each appraiser shall be $200.00 and taxed as costs.
Page 29 | 1109. Appraisals
For appraisals of specified commercial, industrial, multi-apartment, or multi-parcel real estate, the Court may set each appraiser’s fee above $200 based on the time, labor, and skill involved.
B. However, in sales of real estate under Judgment or Decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting of multiple apartments or multiple parcels, the Court may order a fee of more than $200.00 for each appraiser taking into consideration the time, labor and skill involved.
Page 29 | 1109. Appraisals
Courtesy Copy Requirements
Unless other arrangements are made with the Court, pleadings delivered to it are treated as courtesy copies.
Unless other arrangements have been made with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
Page 3 | Rule 2. Motions and Motion Docket, 201.A
Sealing & Redaction Procedures
When covered filings contain personal identifiers, parties must file one redacted copy; pleadings, documents, or exhibits in actions deemed confidential by statute need not be redacted.
However, except as set forth in paragraph below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted. As used in this section, "personal identifier" means a Social Security number or tax- payer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340. KRS 625.045 and KRS 625.108.
Page 18 | 701. Redaction of Personal Identifiers (CR 7.03)
Pre-Motion Conference Requirements
Attorneys and their clients must be present at 10:00 a.m. for settlement discussions before the Domestic Motion Hour docket is called at 10:30 a.m.
Domestic motions will be set for 10:30 a.m. on the second and fourth Fridays of each month. This shall be referred to as the Domestic Motion Hour. The docket will be called at 10:30 a.m. on those days, but the attorneys and their respective clients shall be present at 10:00 a.m. for settlement conferences, negotiations, and for attempts to narrow the issues.
Page 12 | Rule 4. Court Scheduling/Motion Hour/Procedures for Filing - Domestic
Before moving to set a trial date in a contested domestic action, the parties must attend a settlement conference and identify contested issues.
A. In all contested domestic actions, prior to filing a motion for the Court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference or a Memorandum of Remaining Issues, identifying all contested and settled issues shall be filed with the Motion.
Page 15 | Rule 6. Domestic Relations Practice, 601. Contested Actions
Adjournment & Extension Requirements
An attorney who cannot attend must immediately try to agree on a new hearing time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge as well as file it with the Clerk.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, a party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the Judge, as well as filing it with the Clerk.
Page 8 | Rule 3. General Civil (Non-Domestic)
The Court may sustain a motion for failure to respond, but may extend the response-filing time for good cause shown.
Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
Page 4 | Rule 2. Motions and Motion Docket, 201.E
If no hearing can be scheduled before the original hearing date, the motion is automatically continued to the agreed hearing date or the next Civil Motion Hour, whichever comes first.
If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next Civil Motion Hour, whichever occurs first.
Page 8 | Rule 3. General Civil (Non-Domestic)
Previously continued cases do not receive preference for trial dates unless good cause supports preference.
Cases that have been previously assigned for trial and continued shall not be given preference as to trial dates, except in those cases where good cause appears for giving such preference.
Page 11 | Rule 3 – Civil (Non-Domestic) Cases
Chambers Communication Rules
Unless the Court orders otherwise, counsel for an incarcerated party must notify the Office of the Circuit Judge at least two business days before the appearance of the facility’s name and location and whether the party will appear virtually or in person.
If a party to an action is incarcerated, unless otherwise ordered by the Court, at least two (2) business days prior to the incarcerated party’s scheduled court appearance, the attorney of record for the incarcerated party shall notify the Office of the Circuit Judge of the name and location of the facility where the party is incarcerated AND if the incarcerated party will appear before the Court virtually via ZOOM, or similar virtual program as utilized by the Court, or if the incarcerated party will appear in person.
Page 14 | 503. Incarcerated Party
Orders to Appear and Transportation Orders must be emailed to the Office of the Circuit Judge at least two business days beforehand.
All ORDERS TO APPEAR and TRANSPORTATION ORDERS shall be EMAILED to the Office of the Circuit Judge at least two (2) business days prior to
Page 14 | 503. Incarcerated Party
Orders to Appear and Transportation Orders must be emailed to the Office of the Circuit Judge at least two business days before the scheduled appearance.
All ORDERS TO APPEAR and TRANSPORTATION ORDERS shall be EMAILED to the Office of the Circuit Judge at least two (2) business days prior to the scheduled court appearance date.
Page 17 | 604. Incarcerated Party
Orders to Appear and Transportation Orders must be emailed to the Office of the Circuit Judge at least two business days before the scheduled court appearance.
All ORDERS TO APPEAR and TRANSPORTATION ORDERS shall be EMAILED to the Office of the Circuit Judge at least two (2) business days prior to the scheduled court
Page 22 | Rule 904. Incarcerated Party
Copies of the specified signed paperwork must be emailed to the Circuit Judge’s Office at least two business days before the scheduled appearance, absent good cause.
Copies of signed motion to enter Guilty Plea, Commonwealth Offer, Pretrial Diversion paperwork shall be filed and emailed to the Circuit Judge’s Office at least two (2) business days prior to the scheduled court appearance date, absent good cause shown.
Page 23 | Rule 905. Motion to Enter Guilty Plea/Commonwealth Offer/Pretrial Diversion Paperwork
Petitioners seeking to initiate contempt proceedings should contact:
Petitioners seeking to initiate contempt proceedings should contact:
Page 4 | IV. Contempt Proceedings
Attorneys may attend Motion Hour by Zoom after requesting the link from the Circuit Judge’s office.
H. Attorneys may attend Motion Hour via ZOOM upon request made to the office of the Circuit Judge to receive the link.
Page 4 | H
Samples of an Order to Appear and Transportation Order may be requested from the Office of the Circuit Judge.
Samples of an ORDER TO APPEAR and TRANSPORTATION ORDER may be obtained by contacting the Office of the Circuit Judge.
Page 15 | Rule 6. Domestic Relations Practice