Greenup Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements2 rules
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
Document Filing Requirements69 rules
A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and fee information, and case conclusion and disposition date.
Court's wording
Motions for compensation shall be accompanied by an affidavit indicating: - 1. The statutory basis for appointment; - 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and - 3. That the action or proceedings have been concluded and the date of disposition.
Application is to be made by submitting the appropriate form, which is available in the Greenup and Lewis Family Court Office.
The Clerk’s Office must grant an attorney access to a paternity file for representation upon receiving either the attorney’s permission request statement or the party’s signed and notarized release.
Court's wording
Upon receipt of the Greenup/Lewis Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Greenup/Lewis Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's Office shall grant the attorney access to such a file.
Petitions must be submitted to the County Attorney for review, routed to a Family Court Judge if rejected, and, if approved, initialed and distributed and filed as specified.
Court's wording
All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Greenup/Lewis County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the County Attorney, it shall be submitted to a Family Court Judge for determination of legal sufficiency. If the Judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the Assistant County Attorney assigned to prosecute dependency, neglect and abuse actions and the original shall be filed with the Office of the Greenup/Lewis Family Court Clerk.
At the dispositional hearing CHFS shall provide the Court with information required pursuant to FCRPP 28 by completing DNA 12.
In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.
Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and
Full information concerning the child's parents and the address(es). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Greenup/Lewis County Attorney's Office.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
In any divorce action where the parties are ordered to attend a Divorce Education Program, the Greenup/Lewis Family Court Clerk's Office shall provide a copy of the Case Data Information sheet to the Families In Transition Office.
All agreements and Agreed Orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.
Every pleading, motion and 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.
- Document
- Pleading motion or other paper
Must include
- •Case number
Pursuant to FCRPP 17, the Greenup/Lewis County Circuit Court Clerk's Office shall not release any Greenup/Lewis Family Division video in-chamber interviews with children without a specific written order of the Family Court Judge.
The Family Court Case Data Sheet must be fully completed in all cases.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
The Greenup/Lewis County Circuit Court Clerk's Office shall not release any copies of Greenup/Lewis Family Court confidential video records, except for paternity actions, without a specific written order from the presiding Family Court Judge.
An individual requesting a judicial order must provide the Family Court 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.
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 for the request.
- Document
- Motion
Must include
- •Set forth the purpose for the request
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
The 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.
The Commonwealth's Attorney shall make a written recommendation to the Court in response to each application.
In applying for pretrial diversion., counsel for the defendant must state, and the defendant must agree, in writing, in the event diversion is granted, to waive any right to a speedy trial or disposition ofthe charge against him/her.
When diversion is recommended, the prosecutor must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
An Order of Diversion must address restitution if applicable, supervision and any applicable fees, duration, compliance with Probation & Parole rules, and the defendant’s obligation not to commit an offense and to comply with applicable statutory or court-imposed conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable .) 3. Duration ofthe diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct 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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
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.
When service on the Circuit Judge is called for by the case, the service must be stated in the certificate of service.
- Document
- Notice and motion
- Placement
- Certificate section
Must include
- •Certificate of service
Court's wording
A copy of all notices and motions shall be served upon the Circuit Judge at his office in Greenup, Kentucky, as called for by the case, and such service shall also appear in the certificate of service .
A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such ajudgment and have the motion placed on the appropriate Motion Day docket, with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and it is determined by the Court that it meets all necessary legal requirements .
Counsel shall tender a proposed order with each motion when they appear on Motion Day.
- Document
- Motion
Must include
- •Proposed order
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion .
All pleadings and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address ofthe attorney including telephone number and FAX number if applicable .
In all cases in which child support is either requested to be set or modified, a worksheet computation is required to be filed by each party in conformance with KRS 40-3.212), unless child support is otherwise agreed to by the parties .
The case shall stand submitted with a motion to submit accompanied with copies of the deposition, any separation agreement, and the entry of appearance .
The proposed findings of fact, conclusions of law and final .decree shall be submitted in original form .
Uncontested dissolution of marriage cases which contain an entry of appearance and waiver of notice shall be submitted directly to the Circuit Judge on deposition .
This shall be served on opposing counsel and filed in the record .
No case will be set for trial by the Commissioner or the Court until the itemized property list is filed with the Court.
(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.
Likewise, any objections filed to an interrogatory or to a request shall set out in full the. interrogatory or request with the reason and grounds for the objection thereto.
Motions to show cause why a party should not be held in contempt of court shall be submitted ex parte to the Court with appropriate affadavits .
When answering interrogatories, requests for production of documents, or requests for admissions, the replying party shall as a part of his/her answer, set forth immediately preceding the answer, the question or the request made.
Any agreement reached at mediation 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 ofthe parties .
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 may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement
In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.
Upon Defense motion, pursuant to RCr 5.16(3), the Commonwealth shall provide the Defendant's counsel a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury.
The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection ofthe Defendant, within fourteen (14) days of arraignment
The Commonwealth shall include in its Discovery, all information in its possession or control, including the information contained in RCr 2.24 and RCr 2.26.
The Commonwealth must file its plea disposition recommendation using AOC Form 491.1 within 14 days after filing its discovery.
Court's wording
The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .
Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .
The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.
All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's Attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's Discovery filings.
All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signature and shall indicate "Prepared By".
(Copies of U.S . Tax Returns for last three (3) years attached hereto)
Income : (as shown by attached wage statements)
Exchange with opposing counsel a list of all witnesses' names and addresses and summary of the expected testimony of each witness expected to be called at trial .
Produce for inspection of opposing counsel a report from all experts who are expected to testify at trial .
Produce for inspection of opposing counsel, and mark for identification, all exhibits and-charts which will be used during trial .
An itemized list of claimed special damages .
AT THE PRETRIAL CONFERENCE, COUNSEL SHALL SUBMIT TO THE COURT PROPOSED INSTRUCTIONS, OR IN NON-JURY CASES, FINDINGS OF FACT AND CONCLUSIONS OF LAW .
The Trial Management Report must include a concise factual summary, legal principles supported by authority, witness details and expected testimony, and the estimated trial length.
- Document
- Trial management report
Include
- •Statement of facts
Court's wording
The Trial Management Report will contain the following information : A. A concise summary of the facts of the case . B. - A statement of the principles of law involved in the case, supported by the citation of appropriace authority . C. A list of all witness names, addresses, and summary of the expected testimony of each witness expected to be called at trial . D. Estimated length of time to try the case .
An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client; the file’s information remains confidential and privileged regardless of representation.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.
Upon written motion by the Defense, the Court will consider whether the Prosecutor shall release the requested information.
The Defendant may seek additional discovery by written motion, but the motion must be specific; broad discovery motions will be summarily overruled.
Court's wording
The Defendant, by and through Defense Counsel, may request, by written motion, additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled . Any motions for additional discovery must be very specific and not general in nature . The Court will summarily overrule broad motions for discovery.
Other Dais ofspecial meaning . such as religious holidays, or national holidays . should he decided together. written into the Court order, and alternated as above.
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Peal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon.
Filing & Service rules
Electronic Filing Rules
The ION Center and qualifying regional centers or shelters may electronically file protective-order petitions when electronic filing is available.
The ION Center, along with any other regional rape crisis center under KRS 211.600 or regional domestic violence shelters under KRS 209A.045, may electronically file petitions for protective orders where available.
Page 3 | II. Twenty-four Hour Accessibility
Filing Timing and Cure Windows
If the Greenup or Lewis Family Court is closed Friday, motions for a Motion Hour must be filed and clocked by 4:30 p.m. on the preceding Thursday; later motions are automatically passed to the next Motion Hour.
If the Greenup Family Court or Lewis Family Court is closed Friday, motions shall be filed and clocked no later than 4:30 p.m. on the preceding Thursday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Thursday shall be automatically passed to the next Motion Hour.
Page 6 | 203.B
All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Friday shall be automatically passed to the next Motion Hour.
All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Friday shall be automatically passed to the next Motion Hour.
Page 6 | 203.A
A Guardian ad Litem must file an answer or a report stating inability to present a defense within 60 days of appointment.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the Respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
Page 8 | 503 Guardian ad Litem/Military Attorney Appointed for Actions Filed Pursuant to KRS 406
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 15 | I. 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 15 | I. Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment, but must do so no later than 14 days before trial.
After indictment :n circuit court, and no later than 14' days before trial any eligible person for the program may apply to the Circuit court and the Commonwealth's Attorney for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. Procedure
The court must review protective-order petitions immediately upon filing, must not send petitioners away or leave them waiting for extended periods, and should review petitions within an hour of presentation unless no judge or trial commissioner is available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | I. Uniform Protocol for Handling Cases
For Lewis County motions, an attorney must file on the Saturday immediately before the first or third Friday motion day; untimely motions will not be heard unless the Court gives prior approval.
The Court will conduct motion hour in Lewis County beginning at 9:30 a.m . every first and third Friday. An attorney must file a motion on the Saturday immediately prior to Friday for the Court to hear it. The Court will not hear a motion if untimely fled, unless the Court gives prior approval .
Page 2 | R20C-105 MOTION DAYS
For Greenup County motions, an attorney must file on the Friday immediately before Thursday's motion day; untimely motions will not be heard unless the Court gives prior approval.
The Court will conduct motion hour in Greenup County beginning at 10 :30 a.m. every Thursday . The Court will entertain motions in criminal cases at 1 :30 p.m. An attorney must file a motion on the Friday immediately prior to Thursday for the Court to hear it. The Court will not hear a motion if untimely filed, unless the Court gives prior approval .
Page 2 | R20C-105 MOTION DAYS
Motions must be filed with the clerk by close of business on the Friday before the hearing, unless the Court approves a later filing.
All motions must be filed with the clerk by the close of business on the Friday immediately prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time.
Page 3 | R20C-110 NOTICES, MOTIONS, AND ORDERS
The Commonwealth must file supplemental material by the Trial Management Conference; material reasonably ascertainable before then but filed later is excluded from evidence unless the Court grants leave for good cause.
The Commonwealth remains under a continual order to file any supplemental material . All supplemental material must be filed by the Trial Management Conference . All supplemental material and information that could have reasonably been ascertained prior to the Trial Management Conference, that is filed after the Trial Management Conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.
Page 11 | R20C-155 CRIMINAL CASES — DUTY OF PROSECUTOR, Open File Discovery
The Commonwealth must file its plea offer within 14 days after filing its discovery.
The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .
Page 11 | R20C-155 CRIMINAL CASES — Offer on Plea of Guilty
The Commonwealth must file its written statement about withheld contents at the same time it files the Prosecutor's file contents.
In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.
Page 11 | R20C-155 CRIMINAL CASES — DUTY OF PROSECUTOR, Open File Discovery
The Commonwealth must file the discoverable portion of the Prosecutor's file within 14 days of arraignment.
The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection ofthe Defendant, within fourteen (14) days of arraignment
Page 11 | R20C-155 CRIMINAL CASES — DUTY OF PROSECUTOR, Open File Discovery
Defense counsel must submit expected written motions by the Trial Management Conference; later motions require Court leave and one of the stated grounds.
The attorney appearing for the Defendant at arraignment, unless otherwise relieved, shall be in attendance at the Trial Management Conference, and shall submit such written motions as the attorney shall expect to offer in the case. No additional motions may be offered after the Trial Management Conference, except by leave of the Court, upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the Trial Management Conference, or in the interest ofjustice .
Page 12 | R20C-155 CRIMINAL CASES — DUTY OF DEFENSE COUNSEL
Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .
Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .
Page 12 | R20C-155 CRIMINAL CASES — Offer on Plea of Guilty
Written notice of intent to call the expert must be given 30 days before trial.
The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.
Page 13 | Ex Parte Motions for Experts Filed by Defense
All parties must complete discovery exchange, submit the Trial Management Report, and provide the listed items by the date specified in the order.
IT IS FURTHER ORDERED THAT ALL PARTIES WILL COMPLETE ALL EXCHANGE OF DISCOVERY, SUB:~`_Z 1 THE `l'RIAL MANAGEMENT REPORT AND OTHER ITEMS LISTED BELOW BY THE 195
Page 27 | ANNEX D — ORDER SETTING TRIAL, TRIAL MANAGEMENT REPORT AND PRETRIAL CONFERENCE DATES
All parties must file the Trial Management Report by the date indicated in paragraph 3 of the order.
All parties shall file with the court a Trial Management Report the date indicated in paragraph 3 of this order .
Page 29 | TRIAL MANAGEMENT REPORT
Failure to file an answer or report within 60 days of notification of appointment may result in sanctions and removal from the applicable attorney list.
The failure of the Guardian ad Litem or Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Greenup/Lewis Family Court Guardian Ad Litem or Military Attorney List.
Page 8 | 503 Guardian ad Litem/Military Attorney Appointed for Actions Filed Pursuant to KRS 406
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 15 | I. Uniform Protocol for Handling Cases
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
Page 4 | R20C-130 DOMESTIC RELATIONS CASES
Agreed orders, judgments, and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.
Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket .
Page 7 | R20C-140 AGREED ORDERS
Service and Proof of Service Rules
After the hearing, the petitioner must continue diligent efforts to locate and notify everyone who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 9 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
Notice of the written motion must be given to all parties, including the child's Guardian ad Litem, if any.
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 for the request.
Page 13
Notices and motions must be served on the Circuit Judge at his Greenup office when the case calls for it, and that service must appear in the certificate of service.
A copy of all notices and motions shall be served upon the Circuit Judge at his office in Greenup, Kentucky, as called for by the case, and such service shall also appear in the certificate of service .
Page 2 | R20C-110 NOTICES, MOTIONS, AND ORDERS
Counsel must certify a copy of the property list to opposing counsel.
Counsel will also certify a copy ofthis property list to opposing Counsel.
Page 5 | Domestic Relations Cases
The property list must be served on opposing counsel.
This shall be served on opposing counsel
Page 5 | Domestic Relations Cases
The Clerk must make two copies of the show-cause motion and, within the same day, hand-deliver or mail them postage prepaid to the County Attorney and Commonwealth Attorney with the hearing details.
The Clerk shall further make two (2) copies of the show cause motion and within the same day, hand deliver or mail it postage prepaid. to the County Attorney and the Commonwealth Attorney along with the date, time and place of the hearing.
Page 5 | Domestic Relations Cases
Copies of motions may be sent by mail, hand delivery, or electronic transmission.
with copies to be mailed, hand delivered or sent by electronic transmission.
Page 6 | 203.A
The Judge may allow a Temporary Removal or Adjudication Hearing to proceed without service on the non-custodial parent if the petitioner establishes diligent efforts to serve the other parties, including efforts to locate an absent parent.
The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the Petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 9 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
Filing Fees and Waivers
The $50 reopening fee is not charged for specified Title IV-D child-support motions, but is charged for later motions filed by a private attorney or 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 or visitation 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.
Page 8 | 504 Reopening Fee
Sealing & Redaction Procedures
Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not open to inspection by persons other than the parties to such proceedings and their Counsel.
Page 6 | 302
When personal identifiers are required or included in covered filings, parties must file a redacted copy and a marked, sealed unredacted copy; access to the sealed copy is limited to authorized persons, and the rule defines personal identifiers.
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 un redacted 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. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth or financial account number.
Page 12 | 902 Protection of Personal Identifiers
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted; access is governed by the cited local rules and statutes.
Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these local rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 12 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
To obtain a duplicate Grand Jury recording, Defense Counsel must first request it orally from the Commonwealth's Attorney and may move the Court if the Commonwealth has not responded within two weeks.
If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, Defense Counsel shall make an oral request for same to the Commonwealth's Attorney. If the Commonwealth has not responded within two (2) weeks, Defense Counsel may move the Court for same .
Page 12 | R20C-155 CRIMINAL CASES — Additional Discovery
Adjournment & Extension Requirements
An expert’s unavailability for trial is not grounds for a continuance.
UNAVAILABILITY OF AN EXPERT FOR TRIAL WILL NOT BE GROUNDS FOR CONTINUANCE .
Page 28 | ANNEX D — ORDER SETTING TRIAL, TRIAL MANAGEMENT REPORT AND PRETRIAL CONFERENCE DATES
Chambers Communication Rules
After referral to the Domestic Relations Commissioner, counsel for the moving party must contact the Commissioner to schedule the motion hearing.
Upon referral of the case to the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion .
Page 4 | R20C-130 DOMESTIC RELATIONS CASES
When no dissolution action is pending in Circuit Court, the District Judge must be contacted to consider the petition or motions.
If no dissolution of marriage action is pending in this Circuit Court, the District Judge shall be contacted to consider the petition and/or motions .
Page 6 | Domestic Relations Cases
Petitioners seeking contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the protective order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
Page 4 | IV. Contempt Proceedings
Attorneys should notify the Court as soon as possible when a case settles.
All attorneys will notify the Court as soon as possible that a case has been settled .
Page 8 | R20C-151 TRIAL MANAGEMENT OF CIVIL CASES
To refer a client to Drug Court, the attorney must call the Drug Court Coordinator to set up an appointment.
To refer a client the attorney will contact the Drug Court Coordinator at telephone number 1-606-473-0769 to set up an appointment.
Page 15 | R20C-156 DRUG COURT
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
- B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
Page 17 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
A mediator who wants to review the case file may contact the Circuit Clerk's office and review the file there.
If the mediator desires to review the case file he or she may do so by contacting the Circuit Clerk's office. The mediator may review the court file at the Circuit Clerk's office .
Page 9 | 152-7(a) TIME AND PLACE OF CONFERENCE