Harlan Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
(2) Unless otherwise permitted by the Court, the movant's brief or memorandum and the respondent's brief or memorandum, shall be limited to twenty-five (25) pages each. Reply briefs or memorandums shall be limited to five (5) pages each.
- Movant or respondent brief or memorandum
- Up to 25 pages
- Reply brief or memorandum
- Up to 5 pages
Document Format Requirements9 rules
Protective-order petitions under KRS Chapters 403 or 456 must be made on form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
(2) All pages of all legal papers referred to in subsection (1) of this Rule shall be numbered at the bottom center of each page.
(1) All motions, pleadings, briefs and orders shall be type written on white, opaque, un-glazed paper, 8/½ by 11 inches, and must be written with a black-record ribbon which is not worn or faded and with typewritten keys or printers which are clean and do not blur the letters.
- Paper size
- Letter
- Motion
- Pleading
- Brief
- Order
Formatting
- •Use typewritten text on white, opaque, un-glazed paper
- •Use a black-record ribbon that is not worn or faded
Motions, pleadings, and orders must use either double spacing or one-and-a-half spacing, subject to the stated exceptions, have a 1½-inch left margin, and use type no smaller than pica; larger type is preferred, especially for briefs and memorandums.
- Margins
- Left 1.5 inches
- Motion
- Pleading
- Order
Court's wording
All motions, pleadings and orders shall be at the option of counsel, either double spaced, or space and one-half, except legal descriptions of real property, cites from case law or statutes or transcripts of testimony, or transcripts of the record and shall have a 1 ½ inch margin on the left hand side. All motions, pleadings and orders shall be written with type never smaller than pica with larger type being preferred, especially in briefs and memorandums.
(1) Subject to the usual requirements pertaining to depositions contained in CR 30.01, 30.02, 30.03 and 30.06 regarding matters such as: the giving of reasonable notice, including the time, date and place of the taking; when leave of the Court is required; the administering of the oath to witnesses; the marking of exhibits; the making of objections; etc., video depositions may be taken as a result of a stipulation between the parties or the Court may, upon motion, rule that the testimony at a deposition of a witness or witnesses be taken by video camera with adequate and operational audio function or capability.
- Video deposition
Formatting
- •The video camera must have adequate and operational audio function or capability
All witnesses at a deposition session in the same action must testify from the same position, and the camera must remain in the same place for each witness.
Court's wording
(4) All witnesses at a particular deposition session taken in the same action, shall testify from the same position (with proper background and from a comfortable seat or placement) and the camera taking said testimony shall be positioned in the same place for the taking of all such witnesses.
A video deposition must begin with the operator administering the oath, and the camera must remain directed at the witness during the oath and testimony except when showing referenced exhibits.
Court's wording
(2) The video deposition will be commenced with administration of the proper oath by the person operating the video recording device or camera, and the camera shall be directed at the witness during the taking of oath and at all times during his testimony, except for the purpose of being directed to any exhibits referred to or described by the witness during said testimony.
Alternating zoom-in or close-up shots may be used only to examine or demonstrate an exhibit or show relevant injuries, scars, or identifying features.
Court's wording
(3) ""Zoom-in-shots" or "close-up-shots" alternating with regular shots shall only be made for the purpose of the examination of an exhibit, a demonstration of its features or functions, or to show any injuries, scars or identifying features of the witness (or if a doctor is testifying, the subject of his examination) which is the subject of the cause of action or relevant to the cause of action.
Zoom-ins, close-ups, refocusing, and camera readjustments outside the specified exceptions are prohibited.
Court's wording
Any "Zoom-ins" or "close-ups" or refocusing or camera readjustments, other than those described in subsection (2) or (3) above, are prohibited for fear that the same would be used to unduly flatter or to annoy, harass or to cast a witness in a less than favorable portrait, light or angle of view.
Document Filing Requirements30 rules
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.
Covered legal papers in civil and criminal cases must place the prescribed heading at the beginning and center of the first page.
Court's wording
(1) The style or heading of all pleadings, motions, orders pertaining to particular cases, judgments, decrees and other legal papers to be filed in the 26th Judicial Circuit in all civil and criminal cases shall be styled at the beginning and center of the first page thereof as follows: COMMONWEALTH OF KENTUCKY 26TH JUDICIAL CIRCUIT HARLAN CIRCUIT COURT CIVIL ACTION NO. INDICTMENT NO. 99
Attorney-signed pleadings, motions, and other legal papers must include the signing attorney’s fax number and email address if available, in addition to the information required by the regional rules.
Court's wording
All pleadings, motions and any other legal papers requiring the signature of an attorney shall set forth, in addition to that information required in the Rules of Practice and Procedure for the Cumberland Region of Judicial Circuits, more specifically CPR-120, the facsimile of fax number and the e-mail address of the attorney signing said documents, if available.
A copy served on the Court must include all cited authorities, copies served on opposing counsel must include out-of-jurisdiction authority, and the original filed with the clerk need not include authority copies.
Court's wording
(3) All briefs and memorandums containing cites to case authorities shall (as to the copy served on the Court pursuant to CPR-115(2.) have attached thereto copies of all authority cited. Copies served on opposing counsel shall contain copies of all "out of jurisdiction: authority. No copies of authority need be included in the original brief or memorandum filed with the clerk of the Court.
The judgment or order shall contain the names and addresses of all counsel and/or pro se litigants, if known.
When the Court does not prepare the document itself, counsel must prepare a conforming order, decree, or judgment as directed by the Court.
Court's wording
Except any order, ruling, opinion, decree or judgment prepared by the Court itself, whenever any ruling is made or opinion is rendered, an order, decree or judgment in conformity therewith, shall be prepared by counsel as directed by the Court.
For the specified court-signed orders and judgments, counsel must deliver the original, sufficient copies, and properly addressed plain white legal-sized envelopes to the Court.
Court's wording
In addition to the requirements contained in CPR-130, when an order or judgment or decree is signed by the Court, which has been prepared and submitted by counsel at the direction of the Court, or on the volition of counsel in conformity with the Court's ruling, or an uncontested judgment or judgment in default submitted by counsel to the Court for the judge's signature, then said counsel shall deliver to the Court the original and a sufficient number of copies of said documents), together with properly addressed plain white legal sized envelopes to enable or permit the clerk of the Court to complete service or distribution of the same.
To have a motion put on the civil day docket, the attorney so desiring shall file the original of said motion with the Clerk of the Court and notice the motion for a particular date.
Written briefs are required by the Kentucky Rules of Civil and Criminal Procedure.
The appellee must tender a proposed oral-argument scheduling order with the response brief, leaving the date and time blank for the Court to complete.
- Document
- Response brief
Must include
- •Proposed order
Court's wording
The appellee shall tender concurrently with the filing of the response briet, a proposed order assigning the action on appeal to a day certain for oral argument; however, the section regarding date and time for said argument shall have appropriate blank spaces for completion by the Court of information regarding the date and time thereof.
Cases submitted on depositions, except uncontested divorces, must include cited legal memoranda or briefs and proposed findings, conclusions, and judgments.
Court's wording
All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memorandums or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments, all of which shall be served on opposing parties, pursuant to the provisions of CR5.01.
A rule or show-cause order must contain a short statement of the grounds for its issuance.
Court's wording
The rule or show cause order shall be served together with a copy of the motion and affidavit (if applicable) which initiated said rule or order (if said rule or order was issued ex parte) and shall contain a short statement of the grounds for its issuance.
A moving party must file or attach a certification with the listed discovery motion stating that counsel conferred and could not resolve the dispute.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
Concurrently with the filing of any of said motions, the moving party shall file a certification or attach a certification to said motion or motions certifying that counsel has conferred with opposing counsel and that they were unable to resolve their differences.
Discovery answers and objections must quote each request or demand in full immediately before the response.
Court's wording
(1) Answers and objections to interrogatories, requests for admissions and other similar discovery demands shall identify and quote, verbatim, each interrogatory or request or demand in full immediately preceding the statement of any answer or objection thereto.
(2) Any objection to an interrogatory, request for admissions or other similar discovery demand shall set forth grounds in support thereot, together with any authority in support of said objection.
A refusal to answer a discovery demand must cite appropriate case authority or reasons grounded in evidence law or privilege.
Court's wording
(3) Any refusal to answer any interrogatory, request for admissions or other discovery demand shall cite appropriate case authority, including cases interpreting parallel Federal Rules of Procedure, or reasons well grounded in the law of evidence or privilege.
Before retained counsel may receive permission to withdraw for an appealing defendant, counsel must prepare and file the listed appeal documents, including an in forma pauperis request if necessary.
Court's wording
Before such permission can be granted, it shall be the responsibility of retained counsel to prepare and file the following: i. Notice of appeal pursuant to RCr 12.04; ii. Motion, affidavit and order for leave to appeal in forma pauperis, if necessary; iii. Order directing preparation of transcript pursuant to HCPR- 180; and iv. Order substituting the Office of Public Advocacy as counsel on appeal.
To have a motion placed on the criminal motion day docket, the attorney so desiring shall file the original of said motion with the clerk of the Court and notice the motion for said date.
Tile Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .
a motion for diversion, accompanied by the prosecutor's recommendation, would be filed by the prosecutor with the court clerk
A copy of said application/petition shall be sent simultaneously to the Judge, in order to alert the Court that a pretrial diversion plan is being considered]
Make recommendations to the Court in writing of conditions for pretrial diversion
The defense attorney shall submit an application/petition to the prosecutor
The Commonwealth Attorney is statutorily required to make a recommendation, whether favorable or unfavorable, on every petition. A circuit court cannot act on a request for diversion absent a recommendation.
To seek a contempt rule or show-cause order, a motion should request the rule or hearing order and the alleged offender’s appearance, except when the Court acts on its own motion.
Court's wording
The proper procedure for obtaining a rule for contempt or an order directing or ordering a show cause hearing (except in those matters where the Court acts sua sponte) is as follows: (a) a Motion should be filed requesting the rule or an order directing a show cause hearing and the appearance of the alleged offender,
said motion (unless the Court's own motion) should be supported by a duly executed affidavit, containing more than conclusory allegations, showing that the movant is entitled to the rule or show cause order;
Any such order shall designate the person before whom the deposition shall be taken, the manner of the recording, preserving and filing of the deposition to be taken and may include other provisions to assure that the recorded testimony will be accurate and trustworthy.
At a pretrial conference, the Court may also order the submission of memorandums of law regarding the issues expected to arise at trial.
However, if the party against whom the order or judgment is to be entered is not represented by counsel, or is represented by counsel, said party or counsel may request to review the order and sign as "have seen" prior to the entry by the Court.
A pretrial-diversion order must include the listed terms, including applicable restitution and supervision fees, diversion duration, testing and conduct conditions, and any other appropriate conditions.
Court's wording
The order 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. That the petitioner remain drug and alcohol free and be subject to random testing. 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon. 7. Any other provisions of KRS 533.030 or any other condition which the Court deems appropriate.
Filing & Service rules
Filing Timing and Cure Windows
The Clerk must not docket late papers on the motion docket unless a court order directs otherwise.
The Clerk, in absence of a court order directing otherwise, shall not docket said late papers on the motion docket.
Page 5 | HCPR-135. DEADLINE FILING DATES FOR INCLUSION OF MOTIONS ON MOTION DAY DOCKETS AND FOR FILING RESPONSES
A motion for the civil day docket must be filed by 4:30 p.m. Eastern Time on the Thursday before the motion day.
Said motion, in accordance with the provisions of CPR-110(3) and HCPR-135, shall be filed no later than 4:30 p.m., Eastern Time, the Thursday before said motion day.
Page 5 | HCPR-140. CIVIL LAW MOTION DAYS
Motions set for Thursday motion days must be filed by 4:30 p.m. Eastern Time on the immediately preceding Thursday.
This Court shall strictly enforce CPR-110(3), which means that motions to be set for the Thursday motion days must be filed no later than 4:30 p.m., Eastern Time, on the Thursday immediately before said motion day;
Page 5 | HCPR-135. DEADLINE FILING DATES FOR INCLUSION OF MOTIONS ON MOTION DAY DOCKETS AND FOR FILING RESPONSES
Responses and replies to timely filed motions must be filed at least 24 hours before the noticed hearing time.
All responses or replies to timely filed motions shall be filed at least twenty-four (24) hours before the noticed time of hearing.
Page 5 | HCPR-135. DEADLINE FILING DATES FOR INCLUSION OF MOTIONS ON MOTION DAY DOCKETS AND FOR FILING RESPONSES
Motions set for Monday motion days must be filed by noon Eastern Time on the immediately preceding Wednesday.
motions to be set for the Monday motion days must be filed no later than noon Eastern Time, on the Wednesday immediately before said motion day.
Page 5 | HCPR-135. DEADLINE FILING DATES FOR INCLUSION OF MOTIONS ON MOTION DAY DOCKETS AND FOR FILING RESPONSES
The motion must be filed by 4:30 p.m. Eastern Time on the Thursday before motion day, unless the Court grants special permission for good cause.
Said motion in accordance with the provisions of CPR 110(3) and HCPR-135, shall be filed no later than 4:30 p.m., Eastern Time, the Thursday before said motion day, except by special permission of the Court for good cause shown.
Page 9 | HCPR-195. CRIMINAL MOTION DAYS
An eligible person may petition for pretrial diversion no less than seven days before sentencing.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing
Criminal cases
Page 2 | II. Procedure
Motions to submit in uncontested dissolution actions, motions for rule returnable, and motions for hearing dates may be filed until 4:30 p.m. Wednesday for a hearing the following Monday.
However, motions to submit in uncontested actions for dissolution of marriage, motions for rule returnable and motions for hearing dates may be filed up until 4:30 p.m. on Wednesdays for hearing on the following Monday.
Page 5 | HCPR-135. DEADLINE FILING DATES FOR INCLUSION OF MOTIONS ON MOTION DAY DOCKETS AND FOR FILING RESPONSES
Agreed orders, decrees, and judgments may be submitted at any time when convenient for the Court without being placed on the motion day docket, but the Court retains discretion whether to sign them.
Agreed Orders, decrees or judgments may be submitted to the Court at any time, so long as at the convenience of the Court, and need not be placed on the motion day docket. The Court reserves the discretion as to whether or not it will sign Agreed Orders.
Page 6 | HCPR-150 AGREED ORDERS
The described sequence places the prosecutor’s diversion motion, accompanied by the recommendation, after charges are filed.
then, of ter charges are filed, a motion for diversion, accompanied by the prosecutor's recommendation, would be filed by the prosecutor with the court clerk
Criminal cases
Page 3 | II. Procedure
Service and Proof of Service Rules
If referenced exhibits or their copies were not filed and served on the opposing party, opposing counsel must notify the serving party in writing or by facsimile within a reasonable time after receipt.
If any exhibits, or copy thereot, referred to in a pleading or motion as part thereot, is not filed and served upon the opposing party, then opposing counsel must advise, in writing or by facsimile, the party serving such pleading or motion of the oversight within a reasonable time following receipt thereof.
Page 4 | HPR - 125. EXHIBITS TO PLEADINGS AND MOTIONS
The required accompanying memoranda or briefs and proposed findings, conclusions, and judgments must be served on opposing parties under CR5.01.
All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memorandums or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments, all of which shall be served on opposing parties, pursuant to the provisions of CR5.01.
Page 6 | HCPR-155. CASES SUBMITTED ON DEPOSITIONS
A contempt rule or show-cause order may not be heard sooner than five days after service unless otherwise ordered, and no hearing may occur unless an officer authorized to serve a summons has served it on the alleged contemnor.
said rule or show cause order shall not come on for hearing any sooner than five days from the date the rule or show cause order is served, unless otherwise ordered and no rule shall come on for hearing unless the same has been served on the person alleged to be in contempt by an officer authorized, by law, to serve a summons.
Page 6 | HCPR-165. PROCEDURE FOR RULES FOR CONTEMPT OR SHOW CAUSE HEARINGS
The rule or show-cause order must be served with the initiating motion and affidavit when applicable, including when the order was issued ex parte.
The rule or show cause order shall be served together with a copy of the motion and affidavit (if applicable) which initiated said rule or order (if said rule or order was issued ex parte)
Page 6 | HCPR-165. PROCEDURE FOR RULES FOR CONTEMPT OR SHOW CAUSE HEARINGS
A pretrial diversion petition must be made with notice to the Commonwealth's Attorney.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing
Criminal cases
Page 2 | II. Procedure
The Court may revoke or void diversion only after a hearing on notice by the Commonwealth’s Attorney and a showing of noncompliance or unsatisfactory progress.
After a hearing on notice by the Commonwealth's Attorney, the Court may revoke or void a person's pretrial diver- sion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress
Criminal cases
Page 4 | IV. Revocation
Counsel may waive service of an order, decree, or judgment and notice of its entry in writing or by memorializing the waiver on the record.
Counsel may waive, in writing or otherwise memorialize by record, the service of any order, decree, or judgment and the notice of the entry thereof.
Page 6 | HCPR-145. ENTRY OF ORDERS AND JUDGMENTS
Filing Fees and Waivers
The Domestic Relations Commissioner must assess a reasonable fee for the hearings, payable directly to the Commissioner.
The Domestic Relations Commissioner shall assess a fee for these hearings to be paid directly to the Domestic Relations Commissioner. Said fee shall be reasonable and not inconsistent with any rule or law of the Commonwealth of Kentucky.
Page 11 | HCPR-230. PROCEDURE AND PRACTICE BEFORE THE DOMESTIC RELATIONS COMMISSIONER
Pre-Motion Conference Requirements
Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve discovery disagreements.
(4) Counsel is cautioned that the Court requires that they make a good faith effort to resolve any disagreements regarding discovery before the filing of a motion to compel discovery, for a protective order, or for sanctions, pursuant to CR 26 and/or 37.
Page 7 | HCPR-170. ANSWERS AND OBJECTIONS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS
Chambers Communication Rules
Adoption cases must be scheduled by contacting the Clerk of the Court.
Adoption cases shall be scheduled by contacting the Clerk of the Court.
Page 11 | HCPR-225. ADOPTIONS
Petitioners seeking to initiate contempt proceedings should contact the Harlan Circuit Court Clerks Office, which will set a hearing on the next available Domestic Violence docket.
B. Petitioners seeking to initiate contempt proceedings should contact: Harlan Circuit Court Clerks Office, who will set the matter for a hearing on the next available Domestic Violence docket.
Page 4 | IV. Contempt Proceedings