Hardin Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Page & Word Limits1 rule
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the CR 77.02 show cause docket.
- Notice of service
- Up to 1 page
Document Format Requirements5 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 Notice of Termination by administrative discharge must use the 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 the appropriate circuit or district.
C. Cases filed in the Family Court shall be styled as follows: | COMMONWEALTH OF KENTUCKY | OR | COMMONWEALTH OF KENTUCKY | | --- | --- | --- | | HARDIN CIRCUIT COURT | | HARDIN CIRCUIT COURT | | FAMILY COURT - DIVISION I | | FAMILY COURT - DIVISION IV | | CASE NO. _____ | | CASE NO. _____ |
Depositions and interrogatories shall be on 8-1/2 x 11 inch paper, shall be typewritten in 12-point type, and double spaced.
- Font size
- 12 points
- Line spacing
- Double
- Paper size
- Letter
Cases heard orally shall be reported either by videotape or audiotape.
Document Filing Requirements93 rules
and shall be accepted and filed with the court.
The reviewing judge must indicate in the petition’s “Court Action” section which of the two specified types of action resulted.
Court's wording
- B. 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.
If a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge can hear the matter.
Court's wording
- D. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.
"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.
After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.
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.
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.
For an eligible defendant, staff must request a signed Agreement of Participation using the court-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.
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.
The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.
Court's wording
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.
If the judge agrees to termination, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form requesting termination.
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.
The Notice of Termination shall be filed in the official record by the circuit clerk.
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.
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.
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.
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.
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 the appropriate circuit or district.
If there is an extraordinary need for a non-team member of attend, upon approval by the Mental Health Court judge, the non-team member shall be allowed to attend the staffing, but only after signing a confidentiality agreement.
Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.
In applying for pretrial diversion, counsel and defendant must state on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge(s) is waived.
The Commonwealth shall make a written recommendation to the court in response to each application.
A diversion order must address applicable restitution, supervision and its fee if supervised, duration, required conduct, and the final review and dismissal-order process.
Court's wording
The Order of Diversion shall include: (i) Restitution, if applicable; (ii) Whether the diversion shall be supervised or unsupervised. If supervised, a monthly supervision fee of $25.00 shall be imposed on the defendant; (iii) Duration of the diversion; (iv) Require the defendant to obey all rules and regulations imposed by Probation and Parole; (v) As required by KRS 533.030(1), direct the defendant not to 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 that the Court deems appropriate; (vi) A final review date shall be set on a Motion Hour within sixty (60) days prior to the expiration of the diversion. At that review, the Commonwealth shall tender a diversion dismissal order. The submission of that order by the Clerk shall be scheduled to occur within ten (10) days after the expiration of the diversion. The order will be entered if the diversion has been successfully completed.
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 voided.
A party moving for a contempt ruling against another party shall file the following with the Clerk: - A. A motion for a contempt ruling and for a hearing specifying the requested hearing date;
- B. An affidavit setting forth facts supporting the motion;
- C. An order incorporating the allegation of the affidavit and setting the requested date for the responding party to appear and show cause why he should not be held in contempt, e.g.,
- D. Findings of Fact, Conclusions of Law and Order to be entered if the responding party is subsequently found to be in contempt.
(4) No motion will be heard by the court unless same is accompanied by a tendered order
(2) An agreed order of dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.
(3) Each notice shall state in general terms the subject matter of the motion and the action of the court requested by the movant.
Each motion to assign a civil action for trial must include a tendered order containing the prescribed trial, expert-witness, discovery, disclosure, jury-instruction, and mediation directives.
Court's wording
Each motion for assignment of a civil action for trial must be accompanied by a tendered order, which must include the following directive: This matter is set for trial by jury on ____ day of ____, at 9:00 a.m. with all parties and counsel appearing at 8:30 a.m. This matter shall be set for pretrial conference ____ day of ____, at ____. The Plaintiff shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ____. The Respondent shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ____. All discovery by all parties shall be completed no later than 30 days prior to trial. On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney. A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel. No other witnesses may be introduced or damages proven or exhibits received in evidence other than those disclosed as above set out, expect by agreement of all parties or in the sound discretion of the Court for good cause shown. On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions. Counsel shall also provide the Court with an email copy of their proposed jury instructions by contacting the Court at 270.766.5039. All parties shall participate in mediation of this case consistent with Rule 8 of the Local Rules of Practice for the 9th Judicial Circuit, Hardin Circuit Court, to be completed no later than 30 days before the date of trial.
which the movant desires the court to enter and by tendered Findings of Fact and Conclusions of Law if the requested order will be a final and appealable order and such Findings and conclusions are required by law.
Notices to take deposition shall be filed with the Court.
Each party must file witness names and addresses, an itemized damages list, and a list of proposed exhibits, shown by certificate of attorney, by 30 days before trial.
Court's wording
On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney.
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the CR 77.02 show cause docket.
If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions.
If an agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting with consent of the 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.
The order shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner.
Each covered motion must be accompanied by a tendered judgment and order of sale containing the specified jurisdiction, property, and sale information and provisions.
Court's wording
Every motion for default or summary judgment and order of sale shall be accompanied by a tendered judgment and order of sale, which shall include, but not be limited to, the following information: (1) A statement of the manner by which this court has acquired jurisdiction over the parties to the action. For each defendant in the suit, the tendered judgment shall state: "The Defendant, (Name), is before this Court by means of (Type of Service) (i.e., personal, warning order, long-arm, etc.), which service was accomplished on (Date)." (2) The legal description, the street address, source of title with the deed book and page number and the Property Valuation Administrator property ID number of the property to be sold. (3) An order of sale, which reads as follows: "The Master Commissioner of this court is hereby directed to sell the real estate described in the Judgment at public auction to the highest bidder at a time and place designated by the Master Commissioner after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms, and place by posting printed handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale. Notice as to its time, terms, and place of sale together with a street address (or a brief description of its location, if the property has no street address) and the property's PVA ID number shall be at least once but not less than seven days or not more than 21 days preceding the date of sale in the daily newspaper of the largest circulation published in Hardin County, Kentucky. The real estate shall be sold on terms of 10% down and the balance on a credit of thirty (30) days, bearing judgment interest from date of sale until the purchase price is paid."
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
(2) If property is purchased by a third party, delinquent tax payoffs are to be provided by the Plaintiff to the Master Commissioner and paid out of the proceeds of the sale, for which the purchaser shall not receive credit upon the purchase price.
When a plaintiff purchases the property, proof of tax payment must be provided to the Master Commissioner.
Court's wording
(1) If property is purchased by a plaintiff, taxes are to be paid directly and not through the office of the Master Commissioner. Proof of payment shall be provided to the Master Commissioner, and the purchaser shall not receive credit for taxes paid upon the purchase price.
(3) Delivery of Deed. If the plaintiff is the purchaser of the property, the plaintiff shall prepare and tender the deed to the Master Commissioner. The Master Commissioner shall prepare all deeds for third-party purchasers.
All orders of confirmation shall be tendered by the Master Commissioner.
A deed must include each listed party, purchaser, consideration, property, title, confirmation-date, and Master Commissioner item, as well as other applicable legal requirements.
Court's wording
The deed must contain at least the following: - A. The name of all parties whose interests are being conveyed; - B. The name and address of the purchaser; - C. The stated consideration; - D. The legal description of the property; - E. The owner's source of title; - F. A blank for the insertion of the date that the sale was confirmed by the court; - G. A statement that the Master Commissioner does not bind himself personally by anything in the deed; and - H. All other legal requirements of a deed including applicable jurat and scrivener provisions.
If the purchaser at a judicial sale desires to assign the bid to a third party, then this assignment shall be tendered to the Clerk for filing.
If disqualification is necessary in a case, the Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.
Any “Agreed Order,” except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.
Any substantive motion (excluding scheduling or procedural) shall be accompanied by an affidavit.
A motion must be accompanied by a tendered order, and by tendered findings of fact and conclusions of law when the requested final, appealable order requires them by law.
Court's wording
No motion will be heard by the Court unless same is accompanied by a tendered order which the movant desires the Court to enter and by tendered Findings of Fact and Conclusions of Law if the requested order will be a final and appealable order and such Findings and Conclusions are required by law.
Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.
All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:
Every new Hardin Family Court petition must include a completed Case Disclosure signed by the petitioning party and, if represented, the petitioner’s counsel.
Court's wording
Each and every new petition* filed within Hardin Family Court shall be accompanied with a completed Hardin Family Court Case Disclosure (see Appendix No.2) signed by the petitioning party and petitioner's counsel, if represented. *New petitions include all dissolution of marriage, custody, child support, adoption, termination of parental rights, emergency protective and domestic violence, DNA, status and paternity actions.
Each motion must include an Order specifying the requested relief and a distribution list naming the parties or their counsel.
Court's wording
Each motion filed in Hardin Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.
A party seeking a contempt ruling must file a motion for a rule and hearing date, which the judge or staff will set.
Court's wording
A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: - 1. A motion for a rule and for a hearing date which shall be set by the Family Court Judge or his/her staff.
A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: 2. An affidavit setting forth facts supporting the motion.
A contempt movant must file a show-cause order incorporating the affidavit’s allegations and including a notice statement with a blank hearing date for the judge or staff to set.
Court's wording
A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: 3. An order for the responding party to appear and show cause why he/she should not be held in contempt. This order shall incorporate the allegation of the affidavit and shall include a notice statement with blank a blank date for the Judge or his/her staff to set a date for the hearing.
A request for an additional fee must be addressed by motion to the court.
B. For fees paid, per statute, by the Finance and Administration Cabinet, attorneys shall prepare and file a FINGAL-1 (Order for GAL/CAC Attorney Fees) with the clerk.
An attorney seeking to be added to or removed from the warning order attorney or guardian ad litem list for cases other than DNA cases must file a written request with the Circuit Court Clerk.
Court's wording
For cases other than dependency, neglect and abuse (DNA) cases (also referred to as “dependency cases”), warning Order Attorneys and Guardians ad Litem shall be appointed from a list of attorneys who are in good standing with the Hardin County Bar Association and have been approved by the presiding circuit judges, with each attorney on the list to receive an equal number of appointments. Any attorney wishing to be added to the list or removed from the list may have his or her name shall file a written request with the Circuit Court Clerk.
The updated financial disclosure statement must be filed, and the filer must provide the mediator copies of it and any requested case statement or other materials on the day it is filed.
Court's wording
Counsel for each party or a party, if pro se, shall file an updated Verified Financial Disclosure Statement no less than 5 days prior to the mediation conference and, on the day of filing, shall provide, to the mediator, a copy of the Verified Financial Disclosure Statement and a copy of any statement of the case or other materials requested by the mediator.
At least five days before the mediation conference, counsel or a self-represented party must provide the mediator an issues statement, the updated Verified Disclosure Statement, and all information and documents the mediator requested.
Court's wording
- 3. Counsel for each party or a party, if pro se, shall in no less than 5 days prior to the mediation conference shall provide the mediator with a copy of the following documents: - a. A short statement including definition of the issues to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (i.e. closely held corporations, medical problems of any family members, etc.); - b. The updated Verified Disclosure Statement filed with the court as required by the above rule; and - c. All information and copies of all documents requested by the mediator prior to the mediation conference.
Filing & Service rules
Filing Timing and Cure Windows
Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless no judge or trial commissioner is available.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 3 | II. Twenty-four Hour Accessibility
Staff must complete and submit the assessment, Notice of Eligibility, and other pertinent information 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 document is used, Mental Health Court 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 document(s) 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 to be heard at Motion Hour must be filed by 3:00 p.m. on the preceding Wednesday unless good cause is shown.
Except for good cause shown, all motions to be heard at Motion Hour must be filed no later than 3:00 p.m. on the Wednesday immediately preceding the Motion Hour.
Page 4 | 4.06. Motions
The final review must be scheduled on a Motion Hour within 60 days before the diversion expires.
A final review date shall be set on a Motion Hour within sixty (60) days prior to the expiration of the diversion.
Page 6 | 4.10. Pretrial Diversion
The Clerk's submission of the diversion dismissal order must be scheduled within 10 days after the diversion expires.
The submission of that order by the Clerk shall be scheduled to occur within ten (10) days after the expiration of the diversion.
Page 6 | 4.10. Pretrial Diversion
A post-judgment motion for failure to abide by an order or judgment must be filed at least ten days before the Rule Day hearing.
A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the clerk no later than ten (10) days prior to the Rule Day on which the motion is to be heard.
Page 9
A motion to be heard at Motion Hour must be filed with the Clerk by 3:00 p.m. on the preceding Wednesday.
Each motion to be heard at Motion Hour shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Rule Day for which the motion has been noticed.
Page 10 | 6.03. Motion Practice
The witness, damages, and exhibit lists must be filed with the Clerk by 30 days before trial.
On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney.
Page 12 | 6.04. Motions to Assign for Trial
Proposed jury instructions must be filed with the Court by 7 days before trial.
On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions.
Page 12 | 6.04. Motions to Assign for Trial
The Master Commissioner must file the report of sale with the Clerk no later than three business days after the sale.
The Master Commissioner shall file a report of sale with the Clerk no later than three business days after the date of sale pursuant to AP Part IV. Sec. 5.
Page 17
The Master Commissioner must execute and deliver the deed within five business days after the sale is confirmed, the deed is approved, and the applicable costs and purchase-price conditions are satisfied.
(4) The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.
Page 17
If no objections or exceptions are filed, the report is automatically submitted to the presiding judge on the eleventh day after notice is served.
If no objections or exceptions are filed, the report will be automatically submitted to the presiding judge on the eleventh day after the notice of the report was served on the parties.
Page 17
Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Wednesday, although the judge may place a later-filed motion on the docket.
Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding Judge.
Page 7 | B. Motion Practice for Domestic Relations Cases
The specified paternity, child-support, juvenile, dependency, neglect, abuse, and domestic-violence matters must be filed one week before their docket unless good cause is shown and advance permission is obtained from the Family Court Judge.
All matters involving paternity and child support connected with a paternity case/child support, juvenile status, dependent, neglected or abused, and domestic violence will be filed one week in advance of the docket set for such matters, unless good cause is shown and advance permission is obtained from the Family Court Judge.
Page 8 | C. Deadlines for Serving and Filing Motions
A post-judgment motion for a rule concerning violation of an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.
2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.
Page 10 | 2.05 Contempt, Motions for Contempt of Court, Restraining Orders or Injunctions
An updated Verified Financial Disclosure Statement must be filed at least five days before mediation, and copies of it and any requested case statement or materials must be provided to the mediator on the filing day.
Counsel for each party or a party, if pro se, shall file an updated Verified Financial Disclosure Statement no less than 5 days prior to the mediation conference and, on the day of filing, shall provide, to the mediator, a copy of the Verified Financial Disclosure Statement and a copy of any statement of the case or other materials requested by the mediator.
Page 12 | 2.09 Mediation
The Court must set a hearing date within three days after the petition is filed, with the hearing no more than 30 calendar days after filing unless good cause exists.
Within three (3) days after a petition for the voluntary termination of parental rights is filed, the Court shall set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed, unless for good cause.
Page 13 | 3.03 Voluntary termination of parental rights
A mediation agreement must be filed with the Court within five days after the mediation session concludes.
Said agreement shall be filed with the Court within 5 days of the conclusion of the mediation session.
Page 13 | I. Agreement
Attorneys seeking payment for appointed representation in a termination of parental rights case shall submit a FINGAL-1 to the court no later than fourteen days (14) after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.
Attorneys seeking payment for appointed representation in a termination of parental rights case shall submit a FINGAL-1 to the court no later than fourteen days (14) after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.
Page 14 | 3.04 Submission of Pay Orders — B. Termination of Parental Rights Cases
Appointed attorneys must file adoption-case pay orders within 14 days after the final hearing; failure to do so may result in partial or total denial.
No later than fourteen days (14) after the conclusion of the final hearing in an adoption case, appointed attorneys shall file respective pay orders. Failure to tender or file said pay orders may result in the pay order being denied in part or in total.
Page 14 | 3.04 Submission of Pay Orders — A. Adoption Cases
If the genetic report excludes the defendant, a motion for additional testing must be filed before the 30-day period after the exclusionary report is filed expires to avoid dismissal.
Pursuant to FCRPP 13(3), in cases in which the genetic test report excludes the defendant from paternity, the Court after the expiration of thirty (30) days from the date of the filing of the exclusionary report, shall enter an order of dismissal in favor of the defendant unless a motion for additional testing is filed prior to the expiration of the thirty (30) days.
Page 15 | 5.05 Pre-trial procedures for genetic testing — A. Genetic Testing
The Petitioner must file the original genetic report within 30 days of receiving it in support of a motion to dismiss, set the case for trial, or seek summary judgment.
Pursuant to FCRPP 13(2), within thirty (30) days of receipt of the genetic report, the Petitioner shall file the original report with the Court in support of a motion to dismiss, to set for trial, or for summary judgment.
Page 15 | 5.05 Pre-trial procedures for genetic testing — A. Genetic Testing
Within 60 days of appointment, the Guardian ad Litem or Military Attorney must file either an answer or a report that the Respondent is unable to present a defense.
Within sixty (60) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.
Page 15 | 5.03 Guardians ad Litem and military attorneys
Motions on the Paternity/Child Support “J” docket must be filed one week before the court date.
Any motion filed on the Paternity/Child Support “J” docket shall be filed one week in advance of the court date.
Page 15 | Paternity Actions
Motions in dependency, neglect, or abuse matters, other than contempt motions, must be filed one week before the court date.
Any motion, except contempt, filed in a dependency, neglect or abuse shall be filed one week in advance of the court date.
Page 17 | 6.05 Court calendar and filing deadlines
Attorneys seeking payment for appointed representation must submit a FINGAL-1 within six months after entry of the disposition hearing order; a late submission may be refused.
Attorneys seeking payment for appointed representation in a dependency, neglect and abuse case shall submit a FINGAL-1 to the court no later than 6 months after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.
Page 17 | 6.08 Appointed Attorney Payment Requests
All reports in dependency, neglect, and abuse cases must be forwarded to the Court at least 72 business hours before the hearing.
The Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 business hours prior to the hearing.
Page 18 | 6.10 Court Reports
Final Verified Disclosure Statements must be filed at least 14 days before any scheduled final hearing.
Final Verified Disclosure Statements (FVDS) shall be filed no later than 14 days prior to any scheduled final hearing.
Page 18 | 7.02 Preliminary Verified Disclosure Statements (PVDS) and Final Verified Disclosure Statements (FVDS)
Parties must supplement required responses under CR 26.05 no later than 30 days before the hearing or trial date.
B. It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or trial date.
Page 19 | HFCRPP 7.04 Discovery in contested actions for Divorce or Legal Separation
Discovery must be completed 30 days before the final trial date.
A. Discovery shall be completed thirty (30) days prior to the final trial date.
Page 19 | HFCRPP 7.04 Discovery in contested actions for Divorce or Legal Separation
The required witness and exhibit list must be filed no later than ten days before the trial or hearing date.
No later than ten (10) days prior to the trial/hearing date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the hearing, together with an itemized list of exhibits proposed to be introduced as evidence which shall be shown by certificate of attorney.
Page 21 | Pretrial Compliance
If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.
If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.
Page 21 | 7.10 Briefs/statement of desired findings, conclusions and judgments
The responding party has seven days to file a similar statement or object to the motion to submit.
The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.
Page 21 | 7.10 Briefs/statement of desired findings, conclusions and judgments
A motion filed on the Status “J” docket, other than a contempt motion, must be filed one week before the court date.
Any motion, except contempt, filed on the Status “J” docket shall be filed one week in advance of the court date.
Page 24 | 8.01 Review
The parties are expected to address pretrial issues at the conference and file in advance any written motions for consideration there.
The parties will be expected to address pretrial issues at a pretrial conference and file written motions to be considered in advance of the pretrial conference.
Page 3 | 4.04. Pretrial Conference
Failure to file the FVDS within five days before the final hearing may result in a continuance, at the presiding Family Court Judge’s sole discretion.
Failure to file the Final Verified Disclosure Statement (FVDS), within 5 days prior to the final hearing, may, at the sole discretion of the presiding Family Court Judge, result in a continuance of any scheduled hearing.
Page 18 | 7.02 Preliminary Verified Disclosure Statements (PVDS) and Final Verified Disclosure Statements (FVDS)
The requesting party may file the Status Quo Order, AOC-237, with the Court when filing a motion.
The requesting party may file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.
Page 18 | 7.01 Restraining orders
Service and Proof of Service Rules
The circuit clerk must serve notice of the 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 10 | Section 12. Voluntary Termination
The Commonwealth must provide available discovery at arraignment, but may wait until counsel appears for the case.
The Commonwealth shall provide discovery then available to the defendant or his or her counsel at the arraignment, or the Commonwealth may elect to wait until counsel have entered an appearance as counsel for the case to provide discovery.
Page 3 | 4.02. Arraignments
A prejudgment motion must be served by midnight on the Wednesday before its Rule Day hearing, using the specified civil-rule methods or the opposing counsel’s Clerk’s-office mail slot.
- A. Prejudgment Proceedings -- A prejudgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. Service shall be pursuant to Civil Rule 5.01 and as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk's office.
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Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, using the specified service methods.
Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten (10) days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in Civil Rule 4.01. Service upon the opposing attorney of record shall be as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the clerk's office.
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Proof that the adverse party was served must be filed in the record before the motion is heard.
(4) Proof of service on the adverse party must be filed in the record before the motion will be heard.
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All post-judgment motions must be served on the opposing party.
All post-judgment motions must be served upon the opposing party.
Page 10 | 6.03. Motion Practice
Each motion must be served by midnight on the preceding Wednesday on opposing counsel or an unrepresented party entitled to notice, using the specified methods.
Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. Service shall be as described in Civil Rule 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk's office.
Page 10 | 6.03. Motion Practice
Proposed jury instructions must be served on counsel for all adverse parties by 7 days before trial.
On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions.
Page 12 | 6.04. Motions to Assign for Trial
Copies of listed exhibits must be provided to opposing counsel or unrepresented answering parties, unless impracticable because the exhibits are too cumbersome and voluminous, in which case they must be available for viewing.
A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel.
Page 12 | 6.04. Motions to Assign for Trial
A copy of the tendered judgment and order of sale must be served on the Master Commissioner when the motion is filed.
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
Page 16 | 11.02. Motions for Judgment and Order of Sale
When a purchaser at a judicial sale assigns the bid to a third party, the purchaser must provide a copy of the assignment to the Master Commissioner.
If the purchaser at a judicial sale desires to assign the bid to a third party, then this assignment shall be tendered to the Clerk for filing. The purchaser shall provide a copy of the assignment to the Master Commissioner.
Page 17 | 11.06. Assignment of Bid
The Clerk must immediately serve notice of the report filing on all parties entitled to notice of entry of final judgment.
The Clerk shall immediately serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.
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Every post-judgment motion must be served on the opposing party.
All post-judgment motions must be served upon the opposing party.
Page 7 | B. Motion Practice for Domestic Relations Cases
Motions must be served by midnight on the preceding Wednesday using a method described in CR 5.02 or by placing a copy in opposing counsel’s designated Clerk’s-office mail slot.
Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. “Service” shall be as described in CR 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk’s office located in the Hardin County Justice Center.
Page 7 | B. Motion Practice for Domestic Relations Cases
The Clerk must distribute orders by mail to unrepresented parties or by delivery or placement in attorneys’ assigned office receptacles, and certify each distribution on the list with a check mark, initials, and date.
The Clerk shall distribute copies of all orders by mail to any unrepresented party or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Page 8 | 2.04 Distribution requirement on Orders
Proof of service on the adverse party must be filed in the record or placed in opposing counsel’s Clerk’s Office mail slot before the motion is heard.
E. Proof of service on the adverse party must be filed in the record or by placing same in the mail slot allotted to opposing counsel in the Clerk’s office before the motion will be heard.
Page 10 | 2.05 Contempt, Motions for Contempt of Court, Restraining Orders or Injunctions
Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, using the specified service methods.
Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 4.01. Service upon the opposing attorney of record shall be as described in CR 5.02, or by placing a copy of the motion of same in the box provided for them in the Office of the Hardin Circuit Court Clerk.
Page 10 | 2.05 Contempt, Motions for Contempt of Court, Restraining Orders or Injunctions
A pre-judgment motion for a rule concerning violation of a pendente lite order must be served on opposing counsel or an unrepresented party by midnight on the Wednesday before the Rule Day, using the stated service methods.
1. Pre-Judgment Proceedings - A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. “Service” shall be pursuant to CR 5.01 and as described in CR 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk’s Office.
Page 10 | 2.05 Contempt, Motions for Contempt of Court, Restraining Orders or Injunctions
All parties must receive at least five days’ notice of hearings and reviews, except when good cause is shown or an emergency exists.
Except in cases where good cause is shown or an emergency exists, all parties shall be given a minimum of five (5) days notice of all hearings and reviews.
Page 16 | 6.02 Service of process and notice
The Hardin County Attorney must notify all parties, applicable CASA and Foster Care Review Board representatives, and counsel of proceedings they have not previously been notified about, including dispositional reviews.
The Hardin County Attorney shall notify all parties, including CASA and the Foster Care Review Board, if applicable, and counsel of all proceedings which have not been previously noticed to them, including dispositional reviews.
Page 16 | 6.02 Service of process and notice
After the hearing, the Petitioner must continue diligent efforts to locate and notify all persons who were not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 16 | 6.03 Effect of service on only one parent/person exercising custodial control or supervision
Copies of listed exhibits must be provided to opposing counsel or unrepresented opposing parties, unless the exhibits are too cumbersome and voluminous, in which case they must be made available for viewing.
A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel.
Page 21 | Pretrial Compliance
The Commonwealth need not provide discovery again because the defendant changed counsel.
The Commonwealth will not be required to provide discovery more than once as a result in a change of counsel for the defendant.
Page 3 | 4.02. Arraignments
A party may serve written objections or exceptions on the other parties within ten days after service of notice of the report filing.
Within ten (10) days after being served with notice of the filing of the report, any party may serve written objections or exceptions thereto upon the other parties.
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If a second parent or person exercising custodial control or supervision was not served with the petition before a hearing but is later notified, the Court must hear the matter and give preference to statutory actions seeking custody.
If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing but subsequently notified of the proceedings, the Court shall hear the matter, giving preference to statutory actions seeking entitlement of custody.
Page 16 | 6.03 Effect of service on only one parent/person exercising custodial control or supervision
The Judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes the Petitioner’s diligent efforts to serve the other parties in time for them to prepare and participate, including the specified search efforts.
The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney’s Office in an attempt to locate any absent parent and including taking other measures in compliance with statutory requirements.
Page 16 | 6.03 Effect of service on only one parent/person exercising custodial control or supervision
Reports should also be forwarded to all parties or their counsel.
Additionally, reports should be forwarded to all parties or their counsel.
Page 18 | 6.10 Court Reports
The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel or a Guardian ad Litem.
The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel and Guardians ad Litem.
Page 16 | 6.02 Service of process and notice
Filing Fees and Waivers
Mental Health Court staff must not accept cash from participants.
At no time shall Mental Health Court staff accept cash from a participant.
Criminal cases
Page 13 | Section 19. Collection of Fees
Judges and Mental Health Court staff must not collect program money through the listed means, except for the reimbursement fees described in this section.
No judge or Mental Health Court staff shall collect monies for use in Mental Health Court through forfeiture, plea agreements, sanctions, fees, fines, or other costs, other than those referred to herein.
Criminal cases
Page 13 | Section 19. Collection of Fees
Reimbursement fees must be paid by certified check, cashier's check, or money order.
Reimbursement fees shall be in the form of certified checks, cashier's checks, or money orders.
Criminal cases
Page 13 | Section 19. Collection of Fees
A litigant not permitted to proceed in forma pauperis must deposit $250 with the clerk when requesting a Guardian ad Litem; an additional fee may be justified by unusual circumstances or expenses other than typical postage and must be requested by motion.
(2) Any litigant, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem shall deposit with the clerk when the request is made, the sum of $250.00 as a Guardian ad Litem fee. Unusual circumstances or expenses (not including typical postage expense) may justify an additional fee. A request for an additional fee must be addressed by motion to the court.
Page 13 | 9.02. Fees
A litigant not permitted to proceed in forma pauperis must deposit $200 with the clerk when requesting a Warning Order/Military Attorney; an additional fee may be justified by unusual circumstances or expenses other than typical postage and must be requested by motion.
(1) Any litigant, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order/Military Attorney, shall deposit with the clerk when the request is made, the sum of $200.00 as a Warning Order/Military Attorney fee. Unusual circumstances or expenses (not including typical postage expense) may justify an additional fee. A request for an additional fee must be addressed by motion to the court.
Page 13 | 9.02. Fees
Any applicable court fees must be paid before the motion, affidavit, and order are served on the responding party.
D. Once any applicable court fees have been paid, the motion, affidavit, and order will then be served on the responding party as follows:
Page 10 | 2.05 Contempt, Motions for Contempt of Court, Restraining Orders or Injunctions
A litigant seeking appointment of a Warning Order or Military Attorney must deposit $200 with the Clerk when requesting appointment, unless proceeding in forma pauperis; unusual circumstances or expenses other than typical postage may justify an additional fee.
A. Any litigant, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney/Military Attorney, shall deposit with the clerk when the request is made, the sum of $200.00 as a Warning Order/Military Attorney fee. Unusual circumstances or expenses (not including typical postage expenses) may justify an additional fee. A request for an additional fee must be addressed by motion to the court.
Page 10 | 2.07 Fees
A litigant who is not proceeding in forma pauperis must deposit a $250 Guardian ad Litem fee with the clerk when requesting appointment, unless the Finance and Administration Cabinet pays the fees.
For cases in which fees are not paid by the Finance and Administration Cabinet, any litigant, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem, shall deposit with the clerk when the request is made, the sum of $250.00 as a Guardian ad Litem fee.
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Mental Health Court may impose reimbursement fees for the listed services or other required services.
A reimbursement fee may be imposed by Mental Health Court for treatment services, the cost of a laboratory confirmation of compliance with medication protocols, a positive drug test, or other required services.
Criminal cases
Page 13 | Section 19. Collection of Fees
The Court must establish standards and policies for payment of reimbursement fees.
The standards and policies relating to the payment of a reimbursement fee shall be established by the Court.
Criminal cases
Page 13 | Section 19. Collection of Fees
Service of the motion, affidavit, and order is conditioned on payment of appropriate fees.
(3) If appropriate fees have been paid, the motion, affidavit and order will then be served on the responding party as follows:
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Unless an objection has been filed, the clerk must pay the deposited appointment fee to the appointed attorney when the attorney's report is filed or when final judgment is entered.
(3) Unless objection has been filed, the Clerk shall pay the deposited fee to the Warning Order/Military Attorney or Guardian ad Litem upon filing of the attorney's report, or upon entry of final judgment.
Page 13 | 9.02. Fees
Unusual circumstances or expenses other than typical postage may justify an additional Guardian ad Litem fee.
Unusual circumstances or expenses (not including typical postage expenses) may justify an additional fee.
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Sealing & Redaction Procedures
Documents required by statute to include social security numbers must be filed in duplicate, with the unredacted original sealed and retained outside public review and a redacted original included in the public record.
In order to protect the identity of the parties and their minor children and keeping in compliance with KRS 403.135, KRS 403.150 and KRS 403.211, each document filed with the Hardin Circuit Court Clerk's office which is required by statute to include social security numbers shall be filed in duplicate. The first unredacted original shall contain the social security numbers as required under the statutes, shall be filed in a sealed envelope and shall be retained by the Clerk of this Court as part of the record and not subject to review of the public. The second redacted original shall be made part of the public record.
Page 24 | 9.01 Compliance with KRS 403.135; KRS 403.150; and KRS 403.211 regarding personal data identifiers
Counsel and parties are solely responsible for redacting personal data identifiers as required by local rules; the clerk will not review each document for redactions.
It is the sole responsibility of the counsel and the parties to ensure that all pleadings and other papers comply with the local rules of this Court requiring redaction of personal data identifiers. The clerk will not review each document for redaction.
Page 24 | 9.01 Compliance with KRS 403.135; KRS 403.150; and KRS 403.211 regarding personal data identifiers
Only official court personnel may view the sealed record unless another individual obtains access through a properly noticed motion and a certified court order from the assigned judge.
Only official court personnel may view the sealed portion of the record. All other individuals may view the sealed information with a properly noticed motion and the entry of a certified court order of the Judge to whom the matter has been assigned.
Page 24 | 9.01 Compliance with KRS 403.135; KRS 403.150; and KRS 403.211 regarding personal data identifiers
Pre-Motion Conference Requirements
Motions in limine must be noticed for hearing at the pretrial conference unless good cause is shown.
Except for good cause shown, motions in limine shall be noticed for hearing at the pretrial conference.
Page 8 | 5.04. Pretrial Proceedings
Pretrial conferences must be scheduled in the trial order, and the court may hear motions, schedule a hearing, or defer the hearing to trial at the conference.
Pretrial conferences shall be scheduled in the trial order. At the pretrial conference, the court may hear motions, schedule a hearing date, or defer the hearing to trial.
Page 8 | 5.04. Pretrial Proceedings
Adjournment & Extension Requirements
On motion, the Court may extend discovery time in custody or complex economic issues at its discretion and for good cause shown.
C. Upon motion to the Court, discovery time may be extended in custody issues and complex economic issues, at the discretion of the Court and for good cause shown.
Page 19 | HFCRPP 7.04 Discovery in contested actions for Divorce or Legal Separation
Chambers Communication Rules
The parties must immediately notify the presiding judge's secretary when a criminal action set for trial settles.
The parties shall immediately notify the presiding judge's secretary regarding settlement of any criminal action which is set for trial.
Page 5 | 4.09. Settlements -- Notification and Entry of Pleas
Counsel must provide the Court an email copy of proposed jury instructions by contacting the Court at 270.766.5039.
Counsel shall also provide the Court with an email copy of their proposed jury instructions by contacting the Court at 270.766.5039.
Page 12 | 6.04. Motions to Assign for Trial
Petitioners seeking to initiate contempt proceedings should contact the Hardin Circuit Clerk to complete a Protective Order Affidavit.
F. Petitioners seeking to initiate contempt proceedings should contact: The Hardin Circuit Clerk to complete a Protective Order Affidavit (see Attachment).
Page 4 | IV. Contempt Proceedings
The parties must immediately notify the presiding judge’s secretary when a civil action set for trial settles.
(1) The parties shall immediately notify the presiding judge's secretary regarding settlement of any civil action which is set for trial.
Page 10 | 5.06. Settlements
Contact the Clerk to obtain dates for the paternity docket.
Contact Clerk for dates for paternity docket
Page 25 | APPENDIX NO. 1 — Court Schedule