Hancock County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements3 rules
(a) A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.
- Petition
- Motion
Formatting
- •Must be made on form AOC-275.1.
(a) A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.
- Petition or motion for order of protection
Formatting
- •Must be made on form AOC-275.1.
PREFERED FORMAT FOR JUDGMENT & ORDERS OF SALE TO SHOW THE DATE AND TYPE OF SERVICE ON THE DEFENDANT(S).
Document Filing Requirements35 rules
A motion filed under CR 78(2) must include the specified notice, and no order may be entered unless the notice requirement is met.
Court's wording
The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order." No order shall be entered without compliance to the above-referenced notice requirement.
The moving party must file a proposed order with the motion.
- Document
- Motion
Must include
- •Proposed order
Court's wording
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
An order without a “Have Seen” must contain a certificate of service showing that all attorneys of record received a copy.
Court's wording
(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
All orders shall contain a distribution list or language similar to that as set out in the following cxample:
The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.
(3) A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
The mediator shall file a report with the Court setting out the results of the mediation conference.
The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.
All tendered motions, notice of the hearing, and orders are to be filed with the Circuit Clerk's Office, and the Circuit Clerk shall forward them to the Judge.
If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.
The title opinion must cover 30 years and be signed by a lawyer licensed to practice in Kentucky.
Court's wording
(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.
A title opinion may be addressed to the Commissioner or be a copy addressed to the moving party or counsel, and must include a property description and specified title, ownership, lien, and tax information.
Court's wording
(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of
Specific costs payable other than those recited specifically in judgment and order of sale or opinion of title that will not be included in a party's motion for fees and costs, must be disclosed to the Commissioner before motion for distribution.
(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget.
Exhibits that are not so exchanged shall not be admitted.
Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.
(1) In non-confidential actions, an attorney or party filing a document subject to the redaction requirements of CR 7.03(1), or containing the name of a minor child, shall also file an
Any such response shall include a brief written statement supporting the respondent's position on the motion.
An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard used and attach a copy.
Court's wording
Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.
A motion submitted for determination without oral hearing must include a brief supporting statement and the notice specified in LRP 13.
Court's wording
If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.
Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.
Except for the specified emergency and temporary-custody situations, a party seeking ex parte custody-related relief must provide, under oath and to the extent of their knowledge, the listed information about custodial-rights claimants and household residents.
Court's wording
Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.
Witnesses shall be identified by name, address, and summary of anticipated testimony.
The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s obligations during diversion.
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 . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
when diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
If the court is uncertain about accepting the agreement without a presentence report, a partial investigation and report must be prepared and presented to the court on the date set for review.
Court's wording
If the Court is uncertain as to whether it will accept the agreement without benefit of a Pre- Sentence Report, a partial presentence investigation shall be conducted by the Division of Probation and Parole, and a partial presentence report shall be prepared and presented to this court on a date certain for when this case is set down on the court docket for review
If it is accepted, a specific finding shall be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
Posting is not required by law and must not be included in an order of sale without a budget.
Court's wording
Please note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).
Please list the judge on all copy lists.
Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.
Any person authorized to administer oaths, including, but not limited to, a notary public, may verify petitions at any time.
The court may include drug- and alcohol-free, testing, criminal-law compliance, and weapon-possession conditions in the diversion order.
Court's wording
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .
Filing & Service rules
Electronic Filing Rules
Agreed orders may be sent to the Court by U.S. Mail or email for signature, and emailed orders are considered originals.
Agreed Orders may also be mailed to the Court for its signature either by U.S. Mail or E-mail. E-mail orders shall be considered as original orders.
Page 7 | CLR 38 - 5 AGREED ORDERS
When a law requires a certified document, the filing party must file its scanned version in the eFiling system and submit the certified hard copy to the clerk for conventional filing.
When the law requires the filing of a certified document, e.g., KRS 199.490(2) (requiring certified copies of orders terminating parental rights to be filed with adoption petition), in addition to filing the scanned document in the eFiling system as required, the filing party shall submit the certified hard copy to the clerk, and the clerk shall file the hard copy conventionally in the paper file.
Page 3 | LRP 6 Filing Certified Documents
Designated regional domestic violence shelters and rape crisis centers may electronically file petitions for orders of protection where electronic filing is available.
(c) Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 10 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Designated regional domestic violence shelters and rape crisis centers may electronically file petitions for orders of protection where electronic filing is available.
Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 3 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Filing Timing and Cure Windows
Motions must be filed, served, and received by the Clerk's Office by close of business on the third business day before motion day; untimely motions are omitted from the docket, and Saturdays and Sundays do not count as business days.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | CLR 38 - 2 MOTION PRACTICE
When a tendered order does not accurately reflect the Court's ruling, the prevailing party must prepare and tender the proper order within five business days.
(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
For a CR 78(2) motion, the Clerk places it on the next available motion day after ten days from filing to allow time for objections or requests for an evidentiary hearing.
"In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing."
Page 6 | CLR 38 - 2 MOTION PRACTICE
A written objection to dismissal must be filed before the scheduled dismissal date.
(3) A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
Dispositive motions must be filed and heard by the pretrial conference date.
All dispositive motions shall be filed and heard on or before Pretrial Conference date.
Page 24 | Pretrial Order
Deposition objections must be received by the Court at least 24 hours before the scheduled pretrial conference or they are waived.
Objections not received by the Court at least 24 hours prior to the scheduled Pretrial shall be deemed waived.
Page 24 | Pretrial Order
Non-dispositive motions must be filed by the date set in the order.
All non-dispositive motions shall be filed on or before
Page 24 | Pretrial Order
No motion may be filed or heard after the pretrial conference absent good cause shown.
Counsel shall appear at the Pretrial conference prepared to discuss all pending motions and settlement of the case. No motions shall be filed or heard subsequent to the Pretrial without good cause shown.
Page 24 | Pretrial Order
Discovery must be completed by the date set in the order; additional discovery after that date requires a motion showing good cause.
Discovery shall be completed on or before No additional discovery will be permitted thereafter except upon motion for good cause shown.
Page 24 | Pretrial Order
Witnesses and experts must be disclosed by the dates set in the order; an undisclosed witness may not testify absent a motion showing good cause.
Names of all witnesses shall be exchanged no later than A. Plaintiff's expert(s) shall be named by B. Defendant's experts) shall be named by . Witnesses who are not disclosed shall not be permitted to testify except upon motion for good cause shown.
Page 24 | Pretrial Order
Unless good cause is shown, a motion must be filed at least five business days before its scheduled hearing.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
A party wishing to object, request an oral hearing, or otherwise respond to a motion submitted without oral hearing must file its response within 10 days after the motion is filed.
Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
The court must review a petition for an order of protection immediately upon filing.
The court shall review a petition for an order of protection immediately upon its filing.
Page 9 | II. UNIFORM PROTOCOL
An eligible person may apply to the circuit court and the Commonwealth for a pretrial diversion order after indictment, no later than three days before trial.
After indictment in circuit court, and no later than three (3) days before trial, any person eligible for the program may apply to the circuit court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
The court must review a petition for an order of protection immediately upon filing.
(e) The court shall review a petition for an order of protection immediately upon its filing.
Page 2 | II. UNIFORM PROTOCOL
The Court holds orders without a “Have Seen” for three days after receipt so opposing counsel can object before signing and entry.
Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
The circuit clerk must docket the motion for consideration on the next regular motion day occurring after 10 days from filing.
The circuit clerk shall docket the motion for the Court's consideration on the next regular motion day occurring after 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
Service and Proof of Service Rules
The moving party must serve the motion and proposed order on all other attorneys of record or, if unrepresented, the parties within a reasonable time; generally, hand service is made within three days.
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
Page 5 | CLR 38 - 2 MOTION PRACTICE
A motion filed under CR 78(2) must have been served on all parties, including the client.
This motion has been served upon all parties, including the client.
Page 5 | CLR 38 - 2 MOTION PRACTICE
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. (Saturday and Sunday are not considered business days for purposes of this rule.)
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | CLR 38 - 2 MOTION PRACTICE
For an order without a “Have Seen,” all attorneys of record must be served with a copy, and the order must include a certificate showing service.
Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy
Page 6 | CLR 38 - 3 CIVIL ORDERS TO BE SIGNED IN CHAMBERS
A party filing written objections must send all parties notice to appear before the Court at the next regularly scheduled motion day.
If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.
Page 6 | CLR 38 - 2 MOTION PRACTICE
For criminal cases, the Clerk must specify the delivery mode for judgments and final sentencing orders.
In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.
Page 7 | CLR 38 - 4 DISTRIBUTION OF ORDERS
The Clerk must distribute signed judgments and orders to the persons listed and certify delivery by checking the list and initialing and dating it.
The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Page 7 | CLR 38 - 4 DISTRIBUTION OF ORDERS
The Clerk must give notice of the dismissal order to appearing attorneys of record or to unrepresented parties.
Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
The Clerk must serve notice of the intention to dismiss on appearing counsel or, when a mailing address is known, the parties.
It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.
Page 10 | CLR 38 - 9 DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
The attorney must serve the client with copies of the withdrawal motion and hearing notice.
A copy of the motion and notice shall be served upon the client.
Page 13 | CLR 38 - 16 WITHDRAWAL OF ATTORNEYS
The moving party must provide the Master Commissioner a 30-year title opinion signed by a Kentucky-licensed lawyer before the Commissioner must schedule the sale, or may have the Commissioner hire a qualified title attorney.
(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.
Page 19 | CLR 38 - 23 JUDICIAL SALES
Copies of judicial-sale motions and any judgments or orders of sale tendered with them must be served on the Master Commissioner under CR 5.
Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.
Page 19 | CLR 38 - 23 JUDICIAL SALES
To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the approving order on the Commissioner before the motion for distribution.
For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.
Page 20 | CLR 38 - 23 JUDICIAL SALES
Unless good cause is shown, a motion must be served on each party at least five business days before its scheduled hearing, except parties in default for failure to appear.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
When a motion requests an attorney's withdrawal, the attorney must also serve the client with a copy by the filing date.
If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
The movant must serve a copy of the motion on each party by the filing date, except parties in default for failure to appear.
The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
For a contested adoption or involuntary termination hearing, the parties must exchange intended exhibit and witness lists at least 14 days before the hearing unless otherwise ordered or affirmatively waived; unidentified items may be excluded, rebuttal evidence remains admissible, and civil discovery deadlines are unchanged.
No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony. Exhibits or witnesses not identified pursuant to this rule may be excluded. This rule is not intended to limit the admissibility of rebuttal evidence. These deadlines do not alter discovery deadlines set by the civil rules.
Page 8 | LRP 18 List of Exhibits and Witnesses in Contested Adoption or Involuntary Termination
If service has not been made by the date of transfer, the initiating court must re-issue the summons for up to 14 days or for a period the court determines necessary to protect the petitioner.
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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.
Page 11 | IV. ASSIGNMENT OF ACTIONS
The court may void a person’s participation in diversion after a hearing and notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 4 | Voiding a Diversion Order
If the adverse party has not been served by the date of transfer, the initiating court must re-issue the summons for no more than 14 days, unless the court determines a different period is necessary to protect the petitioner.
the summons shall be re-issued by the initiating court for a period not to exceed 14 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.
Page 4 | IV. ASSIGNMENT OF ACTIONS
Sealing & Redaction Procedures
Access to the unredacted copy under seal is limited to the listed parties, court personnel, CHFS personnel involved in the case, and persons authorized by court order.
unredacted copy of the document under seal. The unredacted copy may 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 (CHFS) involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the court.
Page 3
Filings in confidential actions do not need to be redacted.
(2) In confidential actions, it is not necessary for filings to be redacted.
Page 3
Adjournment & Extension Requirements
A criminal case will not be continued because of a conflict in another court that arises after the trial date is first set.
Criminal cases are normally set for trial at arraignment. Cases will not be continued for any conflicts in other courts arising after the date the trial is first set.
Page 16 | CLR 38 - 20 GENERAL TRIAL MATTERS
A trial-date continuance requires good cause, a motion, and signatures from the attorneys and their clients.
No continuance of the Trial date will bc granted without good cause, by motion and signed by the attorney(s) and their clients).
Page 24 | Pretrial Order
The parties may not extend an order date by stipulation; any modification requires a motion and order.
There will be no extension of any date established by this order by stipulation of the parties. A motion and order are required for any modification.
Page 24 | Pretrial Order
Chambers Communication Rules
The attorney requesting a telephonic conference must initiate the call.
The attorney requesting a telephonic conference shall initiate the call.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
Telephone conferences may not be scheduled on a motion day.
No telephone conferences will be scheduled on a motion day.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
If the issue is resolved before the telephonic conference, the resolution must be reported immediately to the Judge's secretary.
Resolution of the issuc prior to the telephonic conference shall be immediately reported to the Judge's secretary.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
After agreeing to a telephonic conference, the requesting attorney must arrange a possible time with the Judge or secretary, communicate the proposed times to opposing counsel, and confirm the agreed time with the secretary.
Upon agreeing that the motion may be heard by the Court by telephonic conference, the attorney desiring a telephonic conference on a motion or a matter pending before the Court shall contact the Judge or the Judge's sccretary for a possible convenient time(s) for the telephonic conference. Upon receiving the possible date(s) and time(s) of the telephonic conference, the attorney shall communicate this to opposing counsel, and thereafter shall confirm with the Judge's secretary of the agreed upon date and time for the telephonic conference so the conference can be entered on the Judge's calendar.
Page 15 | CLR 38 - 19 TELEPHONE CONFERENCES
An attorney who expects to be late should call the Clerk's Office or the Judge's Office to notify the Court.
If an attorney determines that he or she will be late for Court, that attorney should call the Clerk's Office or the Judge's Office to inform the Court that he or she will be late.
Page 4 | CLR 38-1 Motion Days
The Court expects counsel to fully and fairly disclose known probable juror disqualifications that voir dire would not necessarily reveal.
The Court will expect counsel to make a full, frank and fair disclosure to the Court of any probable disqualification of a prospective juror for any reason which is known by counsel and would not necessarily be brought out in a voir dire examination.
Page 16 | CLR 38 - 20 GENERAL TRIAL MATTERS
If counsel learns of improper conduct toward the jury during jury selection or trial, counsel should promptly bring it to the Court's attention.
At any time during the selection of a jury or the trial of a case, if an attorney should learn of any improper conduct by a party or any person toward the jury or any member thereof, this matter should be promptly brought to the attention of the Court.
Page 16 | CLR 38 - 20 GENERAL TRIAL MATTERS
Before trial, attorneys must advise clients and witnesses about courtroom decorum, including the impropriety of attempting to discuss pending matters with the Court.
Attorneys shall advise clients and witnesses in advance of trial of proper courtroom decorum, including the IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT.
Page 16 | CLR 38 - 20 GENERAL TRIAL MATTERS
Attorneys should instruct their clients, witnesses, and interested parties that ex parte communications with the Court about pending or future matters are improper.
(10) Attorneys shall instruct their clients, witnesses, or any intcrested partics of the impropriety of ex parte communications with the Court concerning any matter that is pending or may be heard in the future by the Court.
Page 17 | CLR 38-7 Arraignment of Criminal Defendants
After selecting a court date, call the Special Judge's secretary to report it so the hearing can be docketed.
Once you have your court date selected, call the Special Judge's secretary to inform her of the date and so the hearing can be docketed on the Special Judge's calendar.
Page 18 | CLR 38 - 21 Protocol for Obtaining Court Dates for Special Judge Cases That Are Not Within This Circuit
Call the presiding Special Judge's secretary to obtain two or three potential court dates.
Call the presiding Special Judge's secretary and obtain 2-3 potential court dates.
Page 18 | CLR 38 - 21 Protocol for Obtaining Court Dates for Special Judge Cases That Are Not Within This Circuit
An attorney or party may request remote appearance permission by oral motion at a prior proceeding, written motion heard in advance, or, if unable to obtain an advance hearing, by contacting court personnel directly by phone.
(2) An attorney or party may request permission from the Court to appear at any proceeding by phone or video conference. Such requests may be made: (a) by oral motion during a prior proceeding in the action; (b) by written motion to be heard in advance of the proceeding at which the requester seeks to appear remotely; or (c) if the requester is unable to bring a motion before the Court for hearing in advance of the proceeding at which the requester seeks to appear remotely, by contacting Court personnel directly. Court personnel may be contacted by phone at (270) 298- 3433.
Page 3 | LRP 7 Remote Appearance at Court Proceeding
If the parties anticipate that a regular motion-day hearing may exceed 20 minutes, they may contact Court personnel by phone or request a separate hearing date from the Court during the motion day.
If the parties anticipate that a hearing on a regular motion day may not be completed in 20 minutes or less, the parties may contact Court personnel to obtain a separate hearing date or may request a separate hearing date from the Court during the motion day. Court personnel may be contacted by phone at (270) 298-3433.
Page 5 | LRP 12 Time Limitation on Motion Day Hearings
Parties may contact the local circuit clerk's office for information about the court schedule.
Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 11 | IV. ASSIGNMENT OF ACTIONS
Parties may contact the local circuit clerk's office for information about the court schedule.
Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 4 | IV. ASSIGNMENT OF ACTIONS