Grayson County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file at least two days before moving a copy of the witness’s subpoena or a memorandum identifying the witness, service agency or entity, and delivery date; counsel must also be prepared to describe service efforts and explain why service was not made.
Communication
Phone
Chambers
Document Format Requirements4 rules
The initial moving party’s Verified Financial Disclosure statement must follow the form set out in DrR Form 1.
Court's wording
In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.
If a party files an original in addition to a previously filed facsimile copy, when the Court or DRC determines the original is needed, the original must conform exactly to the facsimile copy.
Court's wording
In the event any party desires to file the original document in addition to the facsimile previously filed to meet the docket deadline, (if the Court or DRC determines the original is needed for purposes of legibility, to prove an original signature or for some other reason), the filed original shall be the document which conforms exactly to the facsimile copy.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
ii. The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).
Document Filing Requirements125 rules
The Commonwealth shall make a written recommendation to the Court in response to each application.
When diversion is recommended. Commonwealth must make a written report to the Court as to the recommended 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 final disposition of the charge against him/her is waived.
Require the defendant to pay restitution to the victim (which may be an entity other than a natural person) in full. if applicable.
The diversion order must state the deferred sentence's duration, which cannot exceed the statutory maximum duration for the offense.
Court's wording
Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in reliance upon the deferral agreement.
The diversion order must prohibit the defendant from possessing or controlling a firearm or other deadly weapon as defined, including the listed additional weapons.
Court's wording
Require that the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compound bow).
The movant must use AOC Form 347 or a court-approved form with the specified title, include or attach the Commonwealth's Attorney's recommendation, obtain the required signatures, and file it with the Circuit Court Clerk.
Court's wording
The movant shall use AOC Form 347 or a form of approved by this Court which shall be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney . As with all other motions, the same shall be filed with the Circuit Court Clerk .
Require that the defendant commit no other offense.
Require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole .
Set forth the terms and conditions of the diversion . The Court may require supervision by the Corrections Cabinet, Division of Probation and Parole and shall determine the intensity of that supervision . The Court may order supervision fees. i n its discretion, but not to exceed the maximum amount permitted by law.
State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution.
A diversion report shall be prepared by the Pretrial Service Office of the Court and such report shall contain basic pretrial information, record of any past offenses and
Prior to approval for participation in the Diversion Program, the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.
B. If the County Attorney refuses to consent to the Defendant's participation in the Diversion Program, hc/she shall state on the record the reasons therefore.
C. Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.
Where the termination is prior to the expiration of the contract period and without the consent of the pretrial officer, the pretrial officer shall refer the case to the County Attorney, who shall file a written motion requesting that the case be placed on the criminal docket for sentencing.
The Diversion Contract shall further contain any special terms required by the Trial Judge.
The formal Diversion Contract must specify its required conditions, referral services, length, and any required restitution or community service.
Court's wording
B. Upon agreement of the County Attorney and the Defendant regarding participation in the Diversion Program, the accused shall meet with the pretrial officer to establish and agree to a formal contract, which shall specify the conditions required, the referral services to be used, the length of the contract, and the need, it any, for the accused to make required restitution or perform community service.
D. The contract shall be presented for final approval to the Trial Judge at the time of the entry of a plea, and upon its final approval, the terms of participation in the diversion program shall commence.
At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.
(A) An Agreed Order which names the "new" counsel and is signed by all parties; or,
The Plaintiff must furnish an expert-witness list at least 120 days before trial, including each expert’s contact information, expected opinion, supporting facts, and qualifications.
Court's wording
In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of the opinion which he/she is expected to give, the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.
7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.
7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.
The Defendant must provide an expert-witness list at least 90 days before trial, including the expert’s contact information, expected opinion and supporting facts, and qualifications; a witness who is both a fact and expert witness is treated as an expert for these timing provisions.
Court's wording
The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness. Any witness who is both a fact witness and an expert witness (i.e. treating physician) shall, for the purpose of these timing provisions, be treated as an expert.
7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.
8.08 Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.
9.04 Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.
9.03 Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.
- Document
- Motion
Must include
- •Proposed order
A Guardian ad Litem seeking an additional fee must file a motion with a supporting affidavit before or at the same time as filing the report.
Court's wording
10.05 Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment. Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
A Warning Order or Military Warning Order Attorney seeking an additional fee must file a motion with a supporting affidavit before or at the same time as filing the report.
Court's wording
10.04 Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules. Failure of the Warning Order/Military Warning Order Attorney to file a Motion and supporting affidavit for additional fee prior to or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Any mediation agreement must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
The mediator must report the mediation's status and outcome to the court and may, with the parties' consent, identify matters that could facilitate settlement.
Court's wording
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
If by Court Order, the order shall specifically indicate the purpose of the reference and the duties to be performed by the Master Commissioner.
Every motion for default judgment or summary judgment and order of sale shall include, but not be limited to, the following information:
A motion seeking judicial sale must include an attorney's affidavit describing a title-record search covering at least 30 years through recording of the Lis Pendens, and an attached Title Opinion run through filing of the Lis Pendens that notes delinquent taxes and assigned certificates of delinquency.
Court's wording
Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency. Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court; AND,
ii. The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).
ili. If any defendant has sought relief in bankruptcy, proof of discharge, dismissal or relief from stay is required to be filed.
A motion for default judgment must include an affidavit under the Servicemembers' Civil Relief Act and an attorney affidavit addressing the default and whether counsel received papers from the defaulting party.
Court's wording
11. If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003; and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.
Each motion for default judgment or summary judgment and each order of sale must be accompanied by a sworn affidavit from a person with personal knowledge or responsibility, stating the obligor, amount owed, costs, and facts constituting default or acceleration.
Court's wording
(B) Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following: i. An affidavit signed by and sworn to by an individual(s) with personal knowledge or responsibility of the account or obligation for which judgment is sought or been previously awarded setting forth: (a) the name of the person(s) and/or entity(ies) owing the obligation, debt or judgment; (b) the amount owed with interest if any; (c) a schedule of costs; and, (d) the facts which constitute the default or acceleration of the obligation; AND,
The proposed judgment and order of sale must state how the Court acquired jurisdiction over each party, using the specified service-and-date wording.
Court's wording
C) A proposed judgment and order of sale, which contain the following provisions: 1. A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE)."
The proposed judgment and order of sale must direct a public auction at the county courthouse and include the stated appraisal and advance handbill-posting requirements.
Court's wording
111. The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale
The proposed order must also provide for newspaper notice once a week for three successive weeks and specify the stated down payment, credit period, and interest rate.
Court's wording
together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid."
(E) A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
The Commissioner shall file his/her report of sale with the Clerk of the Court,
A pleading for a matter on the Domestic Relations Commissioner’s docket must include the specified notice language in its Notice section.
Court's wording
13.06 Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: "Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."
12.07 If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk and a copy tendered to the Master Commissioner.
Each initiating pleading filed with the Clerk must include a cover sheet signed by the Plaintiff or Plaintiff’s counsel with the specified case, party, jury-trial, and process information.
Court's wording
14.02 All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed. A copy of the cover sheet is attached hereto as Addendum D.
(3) When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).
(B) 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 final disposition of the charge against him/her is waived.
(C) The Commonwealth shall make a written recommendation to the Court in response to each application. (KRS 533.250(2)).
The diversion order must prohibit the defendant from possessing or controlling a firearm or other deadly weapon, including the described additional weapons.
Court's wording
(B) The Order of Divesion shall: (7) Require hat the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compoun:/ bow).
(B) The Order of Divesion shall: (3) Require the defendant to pay restitution to the victim (which may be an entity other: than a natural person) in full, if applicable.
The diversion order must state the deferred-sentence duration, which cannot exceed the statutory maximum for the offense, and the diversion duration, which cannot exceed the greater of five years or the time needed to complete restitution.
Court's wording
(B) The Order of Divesion shall: (1) Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in rehance upon the deferral agreement. (2) State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution.
(B) The Order of Divesion shall: (5) Require he defendant to obey all rules and regulations imposed by the Division of Probation and Parole.
The movant must use AOC Form 347 or a court-approved form with the required title, include or attach the Commonwealth's Attorney's recommendation, obtain the specified signatures, and file it with the Circuit Court Clerk.
Court's wording
(5) The movant shall use AOC Form 347 or a form of approved by this Court which shal. be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney. As with all other motions, the same shall be filed with the Circuit Court Clerk.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.
When child or spousal support or maintenance is at issue, each party must file specified tax and earnings records with the original or first responsive pleading.
Court's wording
6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/hcr copics of the Federal 1040 Income Tax return, including the schedules thereto appended for the immediate past three (3) years, together. with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior cight (8) weeks; and/or documented cvidence of his/her earnings for the immedine prior three (3) months.
When child support is at issue, each party must file a Child Support Worksheet with a child-support motion or responsive pleading, using DrR Form 2.
Court's wording
6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.
In permanent-custody actions, each party must provide the other party a list of nonparty witnesses and their addresses at least 30 days before the hearing.
Court's wording
6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.
Are you making a non-marital clam? _ If yes, you must comply with Section VIII(D)(10))
Are you making a non-marital claim" If yes, you must comply with Section VIII(D)(10)
(for each asset, list type of asset, amount owed and equity)
Are you making a non-marital claim If yes, you must comply with Section VIU(D)(10))
Are you making a non-marital claim'? If yes, you must comply with VII(D)(10))
Filing & Service rules
Filing Timing and Cure Windows
When a case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue an unserved summons for no more than fourteen days, or as the court determines necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an 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
A petition must be reviewed within an hour of presentation to a Judge or Trial Commissioner unless their unavailability makes that impossible.
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
An eligible person may apply for pretrial diversion after indictment, but no later than 45 days before the scheduled trial.
After indictment in circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 3 | III. PROCEDURE
Motions to be heard on Motion Day must be filed with the Clerk by close of business on the fifth business day before the hearing, absent good cause; this deadline is for docketing and does not alter notice requirements.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday) This rule is not intended and does not modify the applicable procedural rules regarding Notice; instead, this rule is adopted solely for docketing purposes.
Page 10 | 3.06 MOTION DAY DOCKET DEADLINE
The Plaintiff must furnish the expert-witness list at least 120 days before the trial date.
In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
Unless good cause is shown, motions in limine and other motions that must be heard before trial must be noticed for hearing by the final pretrial conference date.
Except for good cause shown, motions in limine and all other motions which are necessary to be heard prior to trial shall be noticed for hearing no later than the final pre-trial conference date.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
Absent good cause, motions to be heard on Motion Day must be filed with the appropriate Circuit Clerk by close of business on the fifth business day before that Motion Day, subject to the stated county-specific days.
9.02 Except for good cause shown, all Motions to be heard on Motion Day must be filled with the Clerk of the Circuit wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Page 17 | Rule 9 - Motion Practice
Counsel who has appeared may withdraw while a matter is pending only on a good-cause motion filed at least 60 days before trial.
14.01 Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Page 26 | Rule 14 - Miscellaneous Provisions, 14.01
An eligible person may apply for pretrial diversion after indictment, but no later than 45 days before the scheduled trial.
(A) After indictment ic. circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Common tealth for entry of a pretrial diversion order.
Page 29 | I PROCEDURE
For an uncontested matter to be submitted orally to the commissioner, the parties must submit the motion to submit the action immediately after the statutory limitation expires.
If to be submitted orally before the commissioner in uncontested matters, the parties shall submit a motion to subrit the action before the commissioner immediately upon the expiration of any statutcry limitation.
Page 33 | Addendum B, DrR 3.03
The commissioner must submit the report to the Court within seven working days thereafter.
The commissioner shall submit his/her report to the Court within seven (7) working days thereafter.
Page 33 | Addendum B, DrR 3.03
Unless the Court orders otherwise, the Judge must immediately sign and the Clerk must enter the recommended order by the close of the fifth business day after delivery.
Unless otherwise ordered, the recommended order shall be immediately signed by the Judge and entered by the Clerk on or before the close of the fifth business day after it has been so delivered.
Page 34 | Addendum B, DrR 3.05
In pendente lite matters, the DRC’s recommended order and case file must be delivered to the Judge within five days of the hearing.
In pendente lite matters, the DRC's recommended order and casc file shall be delivered to the Judge of the Cour within five (5) days of the hearing.
Page 34 | Addendum B, DrR 3.05
The responding party must file its VFI within 30 days of the later of service of the civil summons or filing of the petitioner’s VPD.
The responding party, upon whom the initial moving party's pleadings are served, shall be required to file a VFI within thirty (30) days of service of civil summons or filing of the Petitioner's VPD, wiichever is later.
Page 34 | Addendum B, DrR 6.01
For the stated restriction on review of a pendente lite order to apply, written notice of the hearing must be filed at least five days beforehand after service of the civil summons.
3.06 In pendente lite matters. if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Page 34 | Addendum B, DrR 3.06
A motion and its notice must be filed with the Clerk at least five working days before the hearing date for the motion to be assigned to a docket.
The Clerk of each Court shall establish a separate Domestic Relations Docket Sheet, which shall not be co-mingled with matters to be heard by the Court. The Clerk will not assign any motion to a cocket unless the motion and notice shall have been filed in the clerk's office at least five (5) working days prior to the date set for hearing.
Page 34 | Addendum B, DrR 4.02
The initial moving party must file its VFD within 45 days after filing the pleading that initiates the legal process.
The initial movin? party's VFD shall be required to be filed within forty-five (45) days of filing of the pleading initiating legal process (i.e. Petition for Dissolution, etc.).
Page 34 | Addendum B, DrR 6.01
A verified petition must be delivered immediately to the designated judicial officer, following the stated order of substitution if an officer is absent.
C. Any person mentioned above coming into possession of a verified petition shall inmediately deliver or cause the petition to be delivered to the District Judge for an Emergency Protective Order, if appropriate; and in his or her absence, to the Trial Commissioner; and in their absences to the Circuit Judge: and in his or her absence to any duly elected or appointed special District or Circuit Judge of the Commonwealth of Kentucky; all of whom may issue an Emergency Protective Order if appropriate.
Page 51 | Addendum C: Domestic Violence Protocol
Unless good cause is shown, a motion for Motion Day must be filed with the appropriate Clerk by close of business on the fifth business day before that Motion Day, with the specified preceding weekdays for each county.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than the close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Civil cases
Page 4 | 2.03 MOTION DAY DOCKET DEADLINE
If no objection is filed within ten days after service of the summons, petition, and motion, the court will enter the status quo order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
The Commissioner must submit the report to the court within ten working days thereafter.
The Commissioner shall submit his/her report to the Court within ten (10) working days thereafter.
Civil cases
Page 6 | DrR Rule 5.06
For oral submission in an uncontested matter, the parties must submit a motion immediately after the statutory limitation expires.
If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.
Civil cases
Page 6 | DrR Rule 5.06
Appearing counsel may not withdraw while the matter is pending unless counsel files a good-cause motion at least 60 days before trial.
Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Civil cases
Page 12 | 6.09 RESPONSIBILITY OF COUNSEL
If no objections are filed and the motioning attorney notifies the clerk, the report will be submitted to the presiding judge 14 days after notice was served.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
If the Commissioner requires proposed findings, conclusions, and an order or judgment after a hearing, the filing is due within 15 days.
At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.
Civil cases
Page 7 | 5.11
In pendente lite matters, the five-business-day advance filing of hearing notice is a condition for limiting review of the order to cases involving serious endangerment or a substantial change in circumstances.
5.10 In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) business days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Civil cases
Page 7 | 5.10
Service and Proof of Service Rules
A motion to vacate and expunge a plea after successful completion of diversion must be made with notice to the Commonwealth.
with notice to the Commonwealth
Criminal cases
Page 6 | VI. COMPLETION OF DIVERSION PROGRAM
Before the court may void diversion for noncompliance or unsatisfactory progress, the defendant must receive notice and an evidentiary hearing must occur.
After an evidentiary hearing, with notice 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 6 | V. VOIDING A DIVERSION ORDER
Withdrawal or substitution of counsel by leave of Court requires a proper motion with notice to all parties.
(B) Leave of Court upon proper motion with notice to all parties.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment and thereafter as permitted by criminal rule.
The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.
Page 16 | 8.04
After the report of sale is filed, the Clerk must promptly serve notice of the filing on parties entitled to notice of entry of a final judgment.
The Commissioner shall file his/her report of sale with the Clerk of the Court, who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.
Page 24 | 12.06 Conduct of Sale
The tendered judgment and order of sale must be served on the Master Commissioner at the time the motion is filed.
(E) A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
Page 24 | 12. Judicial Sales
A domestic relations matter may be restored to the docket without notice, but a matter modifying an existing order or condition may not be heard without appropriate service and notice to all parties.
13.05 Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Page 25 | Rule 13 - Domestic Relations Proceedings
If the adverse party is not personally before the Court, the motion must be served in the same manner as a summons.
If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.
Page 33 | Addendum B, DrR 3.02
After a party is before the Court, service must follow the Rules of Civil Procedure.
After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Page 33 | Addendum B, DrR 3.02
Any supporting affidavit(s) must be served on the adverse party together with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Page 33 | Addendum B, DrR 3.02
A motion may not be heard unless the adverse party has been served with notice at least five working days before the hearing, except for emergency ex parte motions.
DrR 7: Notices adverse party has been served with notice of the bringing of the motion at least five (5) No motion, other than emergency ex parte motions, shall be heard by the court unless the working days prior to th:: date set for the hearing.
Page 35 | DrR 7: Notices
The certificate records service by first-class mail, postage prepaid, and serves as proof of service.
• I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to: Attomey Address Telephone number with area code
Page 44 | Addendum B: Domestic Relations Rules
The clerk must include a copy of the motion for service with the summons and petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
If the adverse party is not personally before the court, serve the motion as a summons; after the party appears before the court, serve under the Rules of Civil Procedure.
If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Civil cases
Page 6 | DrR Rule 5.05
The movant's affidavit or affidavits must be served on the adverse party with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Civil cases
Page 6 | DrR Rule 5.05
The respondent must give the petitioner notice of the motion without clerk assistance.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
A proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.
Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Civil cases
Page 7 | 5.12
At least five working days before mediation, the parties must exchange and provide the mediator the specified financial disclosures, issue and case-problem statements, supporting documents, and other requested information.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.
Civil cases
Page 8 | 5.15(B)
A motion seeking an order for confidential video records must be noticed to all parties, including any child's Guardian Ad Litem.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.
Civil cases
Page 11 | 6.06 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
If service has not been made by the transfer date, the initiating court must reissue the summons for up to fourteen days or as the court determines necessary for the petitioner’s protection; the receiving court reissues it as needed thereafter.
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.
Civil cases
Page 14 | Appendix A, I.E
A motion to vacate and expunge a successfully completed diversion plea must be made with notice to the Commonwealth.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | Addendum A: Class D Felony Diversion Protocol, VI
The court may void pretrial diversion after an evidentiary hearing with notice to the defendant and a showing of noncompliance or unsatisfactory progress.
After an evidentiary hearing, with notice to the defendant, the Court may voi: 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.
Page 32 | Addendum A: Class D Felony Diversion Protocol, V(A)
For receipt of post-judgment notices and motions, counsel of record is presumed to cease representing a party 30 days after entry of a final, appealable order or decree if no appeal is taken.
For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.
Civil cases
Page 12 | 6.09 RESPONSIBILITY OF COUNSEL
Any party may serve written objections to the report on the other parties.
any party may serve written objections thereto upon the other parties.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
Filing Fees and Waivers
Payment of any appropriate fee or charge is required for vacatur and expungement unless good cause is shown.
upon payment of any appropriate fee or charge, except for good cause shown
Criminal cases
Page 6 | VI. COMPLETION OF DIVERSION PROGRAM
A party requesting appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $125 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of ONE HUNDRED TWENTY FIVE ($125.00) DOLLARS as an advanced Warning Order/Military Warning Order fee.
Page 2 | Rule 10.02
A party seeking appointment of a Guardian ad Litem must deposit a $250 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.
10.03 Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of two hundred and fifty ($250.00) dollars as an advance Guardian ad Litem tee.
Page 18 | 10.03
A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $100 advance fee with the Clerk when making the request, unless permitted to proceed in forma pauperis.
10.02 Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of one hundred ($100.00) dollars as an advanced Warning Order/Military Warning Order Attorney fee.
Page 18 | 10.02
Designated parties, except a party permitted to proceed in forma pauperis, must pay the anticipated commissioner’s hourly fee at least five days before the hearing, in addition to the initial fee paid upon filing; the commissioner may cancel an unpaid hearing without notice.
In addition to the initial Domestic Relations Commissioner's fee paid upon filing in the Circuit Court Clerk's office, any partyies) as designated by the Domestic Relations Commissioner (except one permitted to proceed in forma pauperis) shall be required to pay to the Circuit Court Clerk at least five (5) days in advance of the Domestic Relations Commissioner's hearing the anticipated Domestic Relations Commissioner's regular hourly fee for the anticipated time allocated as set forth in the Domestic Relations Commissioner's Order setting the hearing. The Court may subsequently order and award the advanced Domestic Relations Commissioner's fees for or against party(ies) in conformity with the law. If not paid as set forth above, the Domestic Relations Commissioner may cancel the hearing without notice.
Page 26 | Rule 13 - Domestic Relations Proceedings, 13.07
The Clerk must collect a $15 fee for the Domestic Relations Commissioner in each original Domestic Relations action.
9.01 In each original Domcstic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the commissioner in uncontested matters.
Page 35 | DrR 9: Costs, 9.01
For each regular Motion Day hearing after the initial hearing, the moving party must pay a $15 commissioner fee in advance, subject to specified exemptions and refund deadlines when the motion is remanded before the hearing.
9.02 For each hearing after the initial hearing scheduled on a regular Motion Day, the motioning party shall pa;' in advance the sum of $15.00 with the Clerk of the Court as costs collected for Domestic Relations Commissioner. The fee shall be payable to the Commissioner pursuant :0 DrR 9.04. In the event the motionir g party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must before Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IVD child support matters or partie: proceeding in forma pauperis.
Page 36 | DrR 9: Costs, 9.02
If the Commissioner bills more than $15 for a Motion Day hearing, the Commissioner must consider both parties' financial resources and the cause for the motion, and the fees must be paid to the Circuit Clerk within ten days after the hearing.
9.03 In the event the Commis: ioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the caus: for the motion. The bill shall be sent in care of the party's attorney. The fees shall he paid to the Clerk of the Circuit in which the action is pending within ten days of the hearing.
Page 36 | DrR 9: Costs, 9.03
The Domestic Relations Commissioner receives $60 per hour, assessed at $15 per quarter hour or part thereof, and the fees are paid through the circuit court clerk and are due on the fifth working day following the hearing's conclusion.
7.02 Pursuant to FCRPP 4(5), the domestic relations commissioner shall receive a fee of $60 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof. commissioner and shall be due on the 5"h working day following the conclusion of Such fees shall be paid through the office of the circuit court clerk to the the hearing.
Civil cases
Page 12 | DrR Rule 7 - COSTS, 7.02
Fees for hearings lasting beyond a quarter hour are due five working days after the hearing and must be paid by the parties as directed by the Court.
Any fee due for hearings beyond a quarter of an hour will be due 5 working days following any hearing and will be paid by the parties as directed by the Court.
Civil cases
Page 12 | DrR Rule 7 - COSTS, 7.02
The Clerk must collect $15 in each original Domestic Relations action as the cost for the Domestic Relations Commissioner in uncontested matters.
Pursuant to FCRPP 4(5), in each original Domestic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the Commissioner in uncontested matters.
Civil cases
Page 12 | DrR Rule 7 - COSTS, 7.01
A $15 fee must be paid when filing any motion for hearing and covers the first quarter hour or any portion of the hearing.
A fee of $15 shall be paid upon the filing of any motion for hearing and will cover the first quarter hour or any portion thereof of the hearing on the motion.
Civil cases
Page 12 | DrR Rule 7 - COSTS, 7.02
A motion without the $15 fee will not be docketed, and additional motions will not be docketed while hearing fees remain unpaid.
not accompanied by the $15 fee will not be docketed; and, when there is an outstanding balance for hearings held, additional motions will not be docketed until the balance is paid in full.
Civil cases
Page 13 | Costs
Fees must be paid to the clerk of the circuit where the action is pending within five days of the hearing.
The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP
Civil cases
Page 13 | 7.03
If extraordinary postage or public advertisement costs exceed $25, the Warning Order or Military Warning Order Attorney may file notice and apply for additional costs.
In the event of extraordinary postage expense or public advertisement costs in excess of $25.00, the Warning Order/Military Warning Order Attorney may file notice and application for additional costs.
Page 2 | Rule 10.02
The Clerk pays the deposited fee to the Warning Order or Military Warning Order Attorney upon the specified judicial order, and failure to file a timely additional-fee motion with supporting affidavit is deemed acceptance of the standard fee.
10.04 Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules. Failure of the Warning Order/Military Warning Order Attorney to file a Motion and supporting affidavit for additional fee prior to or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | 10.04
The Clerk pays the deposited fee to the Guardian ad Litem upon the specified judgment or order, and failure to file a timely additional-fee motion with supporting affidavit is deemed acceptance of the standard fee.
10.05 Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment. Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | 10.05
Payment of any appropriate fee or charge is required for vacatur and expungement after successful completion of diversion, except for good cause shown.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | Addendum A: Class D Felony Diversion Protocol, VI
When billing more than $15 for a Motion Day hearing, the Commissioner must consider both parties’ financial resources and the cause for the motion.
In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion.
Civil cases
Page 13 | 7.03
The fee is refunded if the moving party remands the motion before the hearing and notifies the clerk and Domestic Relations Commissioner.
In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded.
Civil cases
Page 13 | Costs
The Clerk must remit the Commissioner’s received fees and costs once each month.
Pursuant to FCRPP 4(5), the Clerk shall remit to the Commissioner the Commissioner's fees and costs received once each month.
Civil cases
Page 13 | 7.04
The fee payment requirement does not apply to the County Attorney's Office in IV-D child support matters or to parties proceeding in forma pauperis.
This payment of fees does not apply to the County Attorney's Office in IV-D child support matters or parties proceeding in forma pauperis.
Civil cases
Page 13 | Costs
The $50 reopening fee is waived for specified Title IV-D child-support motions, but applies to later listed motions filed by private counsel or a pro se party unless the motion is in forma pauperis.
Pursuant to FCRPP 14(1) a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, visitation or shared-parenting time are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Civil cases
Page 10 | 6.01 REOPENING FEE
Sealing & Redaction Procedures
Diversion Program records and specified statements are privileged and confidential, subject to limited access and a written-consent requirement for other releases; information about participation may be released to the victim.
D. All records of the Diversion Program, and all statements made by the accused to the pretrial 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.
Criminal cases
Page 3 | III. APPROVAL FOR PARTICIPATION
The Clerk must keep the Title Opinion under seal, with inspection limited to the Court, the Master Commissioner, the parties or their counsel, or as ordered by the Court.
Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court;
Page 22 | 12.03(A)
Except as provided in paragraph B, required personal identifiers in covered filings must be submitted in a redacted copy and an unredacted copy in a marked, sealed envelope.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Civil cases
Page 10 | 6.03 PROTECTION OF PERSONAL IDENTIFIERS
Adjournment & Extension Requirements
A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file at least two days before moving a copy of the witness’s subpoena or a memorandum identifying the witness, service agency or entity, and delivery date; counsel must also be prepared to describe service efforts and explain why service was not made.
8.07 In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Page 16 | 8.07
The mediator may suspend or terminate mediation if the mediator considers it inappropriate to continue or either party requests it.
E. ADJOURNMENT: The mediator may suspend or terminate mediation whenever, in the opinion of the mediator, the matter is not appropriate for further mediation or at the request of either party.
Civil cases
Page 9 | E. ADJOURNMENT
Chambers Communication Rules
When an action set for trial settles, the parties must immediately notify the Clerk of the Court and the presiding Judge.
Upon the settlement of any action set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge of the fact of settlement.
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
If the parties cannot agree on a mediator or mediation service, they must notify the Court.
If the parties cannot agree, they shall notify the Court, which will select a mediator or a mediation service.
Page 20 | 11.05 Appointment of mediator
The parties must contact the court's secretary to remand pending hearings concerning resolved issues.
3. The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Civil cases
Page 9 | H. COMPLETION OF MEDIATION
Notice to remand a motion must be made by noon on the county-specific day before motion day.
For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day.
Civil cases
Page 13 | Costs
Scheduling of trial dates may be arranged telephonically so long as all parties are represented in the conference at the time the date is selected.
Scheduling of trial dates may be arranged telephonically so long as all parties are represented in the conference at the time the date is selected.
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
The motioning attorney must notify the clerk for the report to be submitted on the stated schedule when no objections are filed.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or County Attorney.
B. Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Page 3 | MI. CONTEMPT PROCEEDINGS
An attorney who does not wish to receive the specified appointments may ask the Circuit Court Clerk in writing to remove the attorney’s name from the appointment list.
10.01 The Clerk of the Court shall maintain a list of attorneys who are in good standing with the Bar Association of the County in which he or she practices and who have been approved by the presiding Circuit Judges from which to make appointment as Warning Order Attorney, Military Warning Order Attorey and/or Guardian ad Litem. Any attorney not wishing to receive such appointments may have his/her name removed from the list by submitting written notification of same to the Circuit Court Clerk.
Page 18 | 10.01
Listed officials, including the Circuit Clerk and District Judge, must be available 24 hours a day to help domestic violence victims with forms and filing petitions and protective orders.
E. The County Attorney, all police agencies, the Circuit Clerk, the District Judge, and in his or her absence, the Trial Commissioner, shall be available 24 hours a day to assist victims of domestic violence with appropriate forms and will assist with the filling out and filing of appropriate poitions and protective orders.
Page 51 | Addendum C: Domestic Violence Protocol
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or County Attorney.
Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Civil cases
Page 16 | III. CONTEMPT PROCEEDINGS