Court Rules

Green County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Memorandum
25 pgs

Courtesy Copies

Motion

  • 1 copy • At Least 6 Working Days Before Rule Day

Communication

Phone
1-800-928-6381
Fax
(502) 573-1669
Phone

Chambers

Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Memoranda supporting or opposing merits motions are limited to 25 pages, and reply memoranda are limited to 5 pages.

Supporting memorandum
Up to 25 pages
Opposition memorandum
Up to 25 pages
Reply memorandum
Up to 5 pages
Applies to
  • Merits motions
  • Motion to dismiss
  • Summary judgment motions
  • Motion to strike
  • CR 12 02 motions

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Any party properly served with a motion accompanied by a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. The reply memorandum shall be limited to 5 pages in length.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS

Document Format Requirements5 rules

FormattingMandatoryCriminal cases

The Notice of Termination by administrative discharge must use a form prescribed by the Mental Health Court.

Court's wording

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
FormattingMandatory

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.

Formatting

  • Petitions must be made on form AOC-275.1.
C11D11DVPROTOCOL · Jan 2019 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingMandatoryCriminal cases

The Notice of Termination by administrative discharge must use a form prescribed by the Mental Health Court.

Court's wording

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
FormattingImportant

All pages shall be numbered at the bottom center of each page.

Formatting

  • Number every page at the bottom center of the page
C11LOCALRULES · p. 8
|Section204. STYLE OF PLEADINGS
FormattingImportant

Pleadings and legal papers in civil and criminal cases must use the specified centered heading at the beginning of the first page.

Court's wording

the beginning and center of the first page as follows: The heading of all pleadings and legal papers in all civil and criminal cases shall COMMONWEALTH OF KENTUCKY 11TH JUDICIAL CIRCUIT CIRCUIT COURT CASE NO. _ DIVISION I [or]

C11LOCALRULES · p. 8
|Section204. STYLE OF PLEADINGS

Document Filing Requirements88 rules

Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2) .

Filing RequirementsMandatoryCriminal cases

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatoryCriminal cases

An Order of Diversion must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other-condition requirements.

Court's wording

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate.

C11PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. Order of Pretrial Diversion
Filing RequirementsMandatoryCriminal cases

2. "Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatoryCriminal cases

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

C11MENTALHEALTH · Oct 2019 · p. 5
|SectionSection 4. Mental Health Court Referral Process
Filing RequirementsMandatoryCriminal cases

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

C11MENTALHEALTH · Oct 2019 · p. 5
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.

C11MENTALHEALTH · Oct 2019 · p. 5
|SectionSection 4. Mental Health Court Referral Process
Filing RequirementsMandatoryCriminal cases

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Staff must ask an eligible defendant to sign the Agreement of Participation on the prescribed form; the defendant's attorney may be present or absent.

Court's wording

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 7
|SectionSection 7. Transfer of Case to Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the judge agrees to termination, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

Court's wording

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the official record by the circuit clerk.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 12. Voluntary Termination
Filing RequirementsMandatoryCriminal cases

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

If the judge agrees to administrative discharge, the judge must complete a Notice of Termination by administrative discharge.

Court's wording

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

The circuit court clerk must file the Notice of Termination in the official record.

Court's wording

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

C11MENTALHEALTH · Oct 2019 · p. 12
|SectionSection 17. Confidentiality
Filing RequirementsMandatory

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

A merits motion must include a memorandum stating its grounds and citing the authorities relied upon.

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Upon a court ruling, counsel must tender an order that accurately states the ruling and contains a distribution list with the addresses of everyone entitled to notice of entry.

Court's wording

accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

C11LOCALRULES · p. 8
|Section205. DISTRIBUTION OF ORDERS
Filing RequirementsMandatory

All Motions for a Continuance shall state the date of the original trial date.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Any party properly served with a motion accompanied by a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

C11LOCALRULES · p. 9
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS; 301. TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Before filing a motion for a final adoption hearing, counsel must review the checklist and certify the specified information about bringing parties before the court and parental consent or an exception.

Court's wording

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and the date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

C11LOCALRULES · p. 9
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS; 302. ADOPTION PROCEDURES
Filing RequirementsMandatory

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

C11LOCALRULES · p. 9
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS; 302. ADOPTION PROCEDURES
Filing RequirementsMandatory

Every filed paper must identify the case and provide the signing attorney's or party's typed or printed name and contact information; a rubber stamp does not count as a signature.

Document
Pleading motion or other filed paper

Must include

  • Case number

Court's wording

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

C11LOCALRULES · p. 10
|SectionRULE 6. MISCELLANEOUS RULES; 601. IDENTIFICATION OF COUNSEL OR PARTY REQUIRED
Filing RequirementsMandatory

An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

C11LOCALRULES · p. 10
|SectionRULE 6. MISCELLANEOUS RULES; 603. VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Filing RequirementsMandatory

Before the pretrial conference, parties must complete or schedule discovery, complete pleadings and identify issues, submit written instructions, prepare to stipulate or withdraw matters where appropriate, and, in personal-injury tort cases, prepare to exchange discoverable medical and damages materials; good cause is an exception.

Court's wording

Except for good cause shown, before a case is heard at the pre-trial conference, heard at the pre-trial conference. the parties shall: Have scheduled or completed discovery; Ensure that the pleadings are completed and the issues identified; issues and the law; Submit written instructions incorporating the parties' understanding of the Be prepared to stipulate the admissibility of documents or other evidence prejudice to the presentation of the case; and to withdraw allegations or defenses if same can be done without In tort actions involving personal injury, be prepared to exchange such damages as are subject to discovery under the Rules of Civil Procedure;

C11LOCALRULES · p. 11
|Section701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

Document
Proposed scheduling order

Must include

  • Proposed order
C11LOCALRULES · p. 11
|SectionRULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

All motions for default judgment must include a certificate of the amount due and a military affidavit.

C11LOCALRULES · p. 12
|Section703. MOTIONS FOR DEFAULT JUDGMENT
Filing RequirementsMandatory

All parties must file pretrial compliance statements before the conference containing exhibit, witness, expert, claim, defense, and fact-and-law issue information; exhibits must be attached when feasible or made available for inspection as specified.

Court's wording

Prior to the pre-trial conference, all parties shall file pre-trial feasible, shall be attached to the pre-trial statement. All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated;

C11LOCALRULES · p. 12
|Section702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

C11LOCALRULES · p. 12
|Section702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

C11LOCALRULES · p. 12
|Section703. MOTIONS FOR DEFAULT JUDGMENT
Filing RequirementsMandatory

permission to withdraw is granted, it shall be the responsibility of retained trial counsel for any defendant who is to appeal a judgment of conviction. Before counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

C11LOCALRULES · p. 13
|SectionRULE 8. CRIMINAL
Filing RequirementsMandatory

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties.

C11LOCALRULES · p. 15
|Section911. AGREEMENT
Filing RequirementsMandatory

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.

C11LOCALRULES · p. 15
|Section910. REPORT TO THE COURT
Filing RequirementsMandatory

Yes _No petitioner must be joined unless the Court finds that doing Is the petitioner married? If yes, the spouse of the so will deny the child a suitable home. KRS 199.470(2)

C11LOCALRULES · p. 18
|SectionADOPTION CHECKLIST
Filing RequirementsMandatory

_Yes —_No Is the child to be adopted named as a defendant? KRS 199.480(1)(a)

C11LOCALRULES · p. 18
|SectionADOPTION CHECKLIST
Filing RequirementsMandatory

-Yes __ No Are all the necessary parties joined as defendants? KRS 199.480

C11LOCALRULES · p. 18
|SectionADOPTION CHECKLIST
Filing RequirementsMandatory

Yes _No yes, then the biological parent shall be named as a party Is the petitioner's husband or wife the biological parent? If defendant. KRS 199.480(1)(b)

C11LOCALRULES · p. 18
|SectionADOPTION CHECKLIST
Filing RequirementsMandatory

_Yes _ No If yes, has the GAL filed their report as required? KRS 199.516

C11LOCALRULES · p. 19
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

The adoption petition must include the listed information about the child and petitioner, the child's relationship to each petitioner, the proposed adopted name, and any known property.

Court's wording

Yes _No Does the petition contain the necessary information? KRS Name, date/place of birth, residence, mailing address 199.490 Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner.

C11LOCALRULES · p. 19
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

_Yes _No the petitioners and the proposed adopted name of the Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

• If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

_Yes No If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Yes _No Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

- Yes NO Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

_Yes -No and Conclusions of Law, and a separate Judgment of Has the petitioner tendered a proposed Findings of Fact Adoption?

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

The petition must include the listed parent, guardian or custodian, and consent-related information, with the stated exception for a father's name when certified TPR orders are filed.

Court's wording

• Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

Court's wording

A. 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.

C11LOCALRULES · p. 23
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatoryCriminal cases

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatoryCriminal cases

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

C11MENTALHEALTHCOURT · Oct 2019 · p. 5
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them with other pertinent information to the Mental Health Court team before the defendant’s next scheduled appearance.

Court's wording

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment

Filing & Service rules

Filing Timing and Cure Windows

An eligible person may apply for pretrial diversion after indictment and no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

Criminal cases

Page 2 | Procedure

The assessment, Notice of Eligibility, and other pertinent information must be completed and submitted to the Mental Health Court team before the defendant's next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

Criminal cases

Page 6 | Section 5. Eligibility and Assessment

When any listed Mental Health Court document is utilized, staff must file a copy with the appropriate clerk for the underlying criminal offense record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

Criminal cases

Page 13 | Section 18. Filing of Mental Health Court Documents

Motions must be filed and clocked in at the circuit clerk’s office by 4:30 p.m. at least six working days before the Rule Day hearing.

All motions shall be filed and clocked in the circuit clerk's office no later than 4:30 p.m. at least six (6) working days prior to the Rule Day for which such motion is to be heard.

Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

A motion response must be filed at least 24 hours before the hearing time specified in the notice.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

If no pretrial order is entered at the conference, attorneys must prepare and submit one incorporating the specified rulings, agreements, stipulations, and court-designated matters within ten days after the conference.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

Page 12 | 701. ASSIGNMENT OF CIVIL JURY CASES

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 23 | Uniform Protocol for Handling Cases

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 23 | Uniform Protocol for Handling Cases

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 2 | Uniform Protocol for Handling Cases

A copy of each listed document must be filed when the document is utilized.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

Criminal cases

Page 13 | Section 18. Filing of Mental Health Court Documents

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 23 | Uniform Protocol for Handling Cases

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 2 | Uniform Protocol for Handling Cases

Service and Proof of Service Rules

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 12. Voluntary Termination

The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 13. Administrative Discharge

All parties must be properly served.

-Yes _No Have all parties been properly served? KRS 199.480(2)

Page 18 | ADOPTION CHECKLIST

The circuit clerk must serve notice of termination on the parties, their attorneys, probation, and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 12. Voluntary Termination

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 13. Administrative Discharge

The Commonwealth Attorney must provide discovery to the defendant's attorney at least seven working days before the pretrial conference.

B. The Commonwealth Attorney is to provide discovery to the Defendant's attorney at least seven (7) working days prior to the pre-trial conference.

Page 13 | 802. PRE-TRIAL CONFERENCE--CRIMINAL CASES

Courtesy Copy Requirements

A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day hearing.

A courtesy copy of the motion shall also be served on the Judge in whose division the case has been assigned at least six (6) working days prior to the Rule Day in which the motion is to be heard.

Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Sealing & Redaction Procedures

When personal identifiers are required or appear in filed materials, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access limited to authorized persons.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.

Page 11 | A. All pleadings

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.

Criminal cases

Page 12 | Section 17. Confidentiality

Mental Health Court proceedings must remain confidential and closed unless the judge authorizes otherwise.

Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.

Criminal cases

Page 12 | Section 17. Confidentiality

Pre-Motion Conference Requirements

Before filing a discovery motion, protective-order motion, or sanctions motion under CR 26 or 37, counsel must make a good-faith effort to resolve the dispute and be unable to do so.

A motion to compel discovery, for a protective order, or for sanctions may be filed themselves the discovery dispute. Counsel has the duty to make a good faith pursuant to CR 26 and/or 37 only if counsel are unable to resolve between effort to resolve any disputes which arise in the course of discovery.

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Motions in limine must be filed before the pretrial conference and will be heard at that conference.

All motions in limine are to be filed prior to the pre-trial conference and will be heard at the pre-trial conference.

Page 11 | 701. ASSIGNMENT OF CIVIL JURY CASES

Default-judgment motions for failure to plead or otherwise defend must not be noticed for a hearing; the court schedules them at its convenience.

Motions for default judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall not be noticed for a hearing before the court but will be scheduled at the convenience of the court.

Page 12 | 703. MOTIONS FOR DEFAULT JUDGMENT

Adjournment & Extension Requirements

The response deadline may be extended on oral or written motion for good cause, including the motion’s length and complexity.

Failure to file a timely response may be grounds to grant the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Chambers Communication Rules

Before recommending on an application, the Commonwealth must request a criminal record check from AOC Pretrial Services by telephone or fax and must not send the request to the local Pretrial Services Officer.

Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer. KRS 533.252 .

Criminal cases

Page 2 | Procedure

Movants must call the presiding Judge’s office to schedule an appointed time.

shall call the office of the presiding Judge to schedule an appointed time

Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Counsel planning to use electronic media at trial must schedule a test date and time with the Circuit Court Clerk.

Counsel shall schedule an appropriate date and time to test the use of electronic media with the Circuit Court Clerk.

Page 10 | RULE 6. MISCELLANEOUS RULES; 602. USE OF TECHNOLOGY AT TRIAL

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 25 | IV. Contempt Proceedings

Petitioners seeking contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 4 | IV. Contempt Proceedings

Common questions about Green County Circuit Court, Kentucky rules

Are courtesy copies required in Green County Circuit Court, Kentucky?

Courtesy-copy rule applies for motions. Details: 1 copy, delivery at least 6 working days before rule day. A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day hearing.

View ruleSource: page 7, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

Does Green County Circuit Court, Kentucky require a pre-motion conference or letter before filing a motion?

Before filing a discovery motion, protective-order motion, or sanctions motion under CR 26 or 37, counsel must make a good-faith effort to resolve the dispute and be unable to do so.

View ruleSource: page 8, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What page or word limits apply to memorandum in Green County Circuit Court, Kentucky?

Green County Circuit Court, Kentucky's rule states these limits: 25 pages; 25 pages; 5 pages. Memoranda supporting or opposing merits motions are limited to 25 pages, and reply memoranda are limited to 5 pages.

View ruleSource: page 8, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What must be included with pretrial diversion application filings in Green County Circuit Court, Kentucky?

For a pretrial diversion application, counsel must state and the defendant must agree on the record to waive speedy-trial or charge-disposition rights if diversion is granted.

View ruleSource: page 2, section Procedure

What must be included with commonwealth recommendation filings in Green County Circuit Court, Kentucky?

The Commonwealth must submit a written recommendation to the Court for each pretrial diversion application.

View ruleSource: page 2, section Procedure

How may parties contact Green County Circuit Court, Kentucky?

The rule lists phone 1-800-928-6381. Before recommending on an application, the Commonwealth must request a criminal record check from AOC Pretrial Services by telephone or fax and must not send the request to the local Pretrial Services Officer.

View ruleSource: page 2, section Procedure

How does Green County Circuit Court, Kentucky handle sealed or redacted filings?

When personal identifiers are required or appear in filed materials, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access limited to authorized persons.

View ruleSource: page 11, section A. All pleadings

How do I request an adjournment or extension in Green County Circuit Court, Kentucky?

The response deadline may be extended on oral or written motion for good cause, including the motion’s length and complexity.

View ruleSource: page 8, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What filing deadlines does Green County Circuit Court, Kentucky set?

An eligible person may apply for pretrial diversion after indictment and no later than 45 days before trial.

View ruleSource: page 2, section Procedure

What rule applies to service for notice of termination in Green County Circuit Court, Kentucky?

The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.

View ruleSource: page 10, section Section 11. Involuntary Termination from Mental Health Court
Complete rules summary for Green County Circuit Court, Kentucky

An eligible person may apply for pretrial diversion after indictment and no later than 45 days before trial.

For a pretrial diversion application, counsel must state and the defendant must agree on the record to waive speedy-trial or charge-disposition rights if diversion is granted.

The Commonwealth must submit a written recommendation to the Court for each pretrial diversion application.

Before recommending on an application, the Commonwealth must request a criminal record check from AOC Pretrial Services by telephone or fax and must not send the request to the local Pretrial Services Officer.

When recommending diversion, the Commonwealth must provide written recommendations on the diversion conditions and the appropriate sentence; the source text ends before completing the final condition.

An Order of Diversion must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other-condition requirements.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

A diversion referral may be made only after an order of diversion has been entered.

A judge may refer a person charged with contempt to Mental Health Court in lieu of incarceration only after an order of contempt has been entered.

Mental Health Court staff determine eligibility for assessment after receiving a written referral order from a judge.

If a defendant is ineligible, staff must notify the referring judge in writing using the Mental Health Court's prescribed form.

Staff must ask an eligible defendant to sign the Agreement of Participation on the prescribed form; the defendant's attorney may be present or absent.

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice Eligibility form.

After the defendant executes the Agreement of Participation, staff must complete an assessment using the prescribed form.

After completing the assessment, staff must complete the prescribed Notice of Eligibility form.

The assessment, Notice of Eligibility, and other pertinent information must be completed and submitted to the Mental Health Court team before the defendant's next scheduled court appearance.

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

If the judge agrees to termination, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

The circuit clerk must file the Notice of Termination in the official record.

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, and probation and parole.

The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.

A participant may petition the Mental Health Court judge for termination.

If the judge finds the request knowing and voluntary, the judge may terminate the participant using the prescribed form and refer the case back to the appropriate circuit or district.

The circuit court clerk must file the Notice of Termination in the office record and serve notice on the parties, their attorneys, and probation and parole.

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

When administrative discharge is deemed appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

More Judges in Green County Circuit Court, Kentucky

Kaelin G. Reed
Judge
Samuel Todd Spalding
Judge