Harrison Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Motions
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Document Format Requirements3 rules
Protective-order petitions under KRS Chapter 403 or 456 must use 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.
In any tendered order the judge's signature line should not be placed so that it is on a page separate and apart from the text of the Order. At least some of the text should be visible on the page with the signature. Those preparing tendered Orders should leave space at the bottom of the preceding page when necessary to avoid isolating the signature line.
In any matter in which a form is provided by the Administrative Office of the Courts, a party may utilize the form. However, forms are not required and matters may be presented in any manner that is in compliance with the FORPP.
Document Filing Requirements32 rules
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
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
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 reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Any motion requiring a hearing in excess of fifteen minutes may be set for a special hearing time outside of the regular motion hour docket. A party shall request a hearing time by filing a motion to schedule a hearing, and by noticing the scheduling motion for hearing on the regular motion hour docket.
B) A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.
3) The Guardian Ad Litem shall file an Answer on behalf of their client.
The motion must describe the action taken to exhaust these remedies.
6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.
The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.
Termination proceedings involving two (2) or more children of the same parent(s) must proceed by separate Petitions for each child.
Petitions must identify the applicable statute and provide detailed, child-specific facts explaining the basis for jurisdiction and each child’s relationship to the responsible party.
Court's wording
All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.
Petitions must name the biological parents unless parental rights have been terminated, name qualifying identified putative fathers, and reflect the petitioner’s diligent effort to locate the child’s parents.
Court's wording
All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.
Before filing with the clerk, the petitioner must submit the petition to the County Attorney for review; if sufficient cause is found, the County Attorney files it and refers the matter for investigation if needed.
Court's wording
Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.
All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20.
A motion for a final dissolution decree must comply with FORPP3 and include the specified waivers, agreements, verified answers or deposition, proposed findings, and proposed decree.
Court's wording
The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.
Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
A specific written order is required before a video copy is released; anyone requesting permission to copy it must file a motion explaining the reason for the request.
Court's wording
No video copies of any in-chamber interviews with a child shall be released by the an Order must file a motion requesting permission to copy the video, and include an Circuit Clerk Court without a specific written Order. Any individual requesting such explanation of the reason for the request.
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.
B. Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
4) The failure of a Guardian Ad Litem to appear, or the failure of the Guardian Ad Litem to file a written Answer may result in sanctions, including removal from the appointment list.
If the County Attorney rejects a petition, the petitioner may file it privately; the clerk sets the next available court date, and a petition lacking sufficient cause must be dismissed.
Court's wording
If the County Attorney rejects the petition, the Petitioner may file the petition with the Court as a private petition, and the clerk shall set the matter for the next available court date. The Court will review the petition for sufficient cause. A petition that fails to state sufficient cause pursuant to KRS 620 et seq. shall be dismissed, sua sponte.
Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing.
The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.
Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
The diversion order may include drug- and alcohol-free, law-abiding, and no-weapons conditions.
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
In any open paternity case, the parties may submit an Agreed Judgment of Paternity and an Agreed Order of Support for the Court's review and approval without filing a motion, so long as the proposed Order has been signed by all parties.
A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.
The diversion order must include the specified restitution, supervision, duration, and defendant-obligation provisions.
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 and Parole. 5. As required by K.R.S. 533.030(1) [conditions of probation-restitution] direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of K.R.S. 533.030 or any other condition the Court deems appropriate.
When recommending diversion, the Commonwealth must recommend its conditions and the sentence to impose if the agreement is unsuccessful.
Court's wording
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. K.R.S. 533.252(3).
The Commonwealth shall make a written recommendation to the Court in response to each application. K.R.S. 533.250(2).
Filing & Service rules
Filing Timing and Cure Windows
For Nicholas County motion dockets held on the first and third Mondays of each month, all motions must be filed before 4:30 P.M. on the preceding Monday, one week before the docket.
NICHOLAS COUNTY: the first and third Mondays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the Monday one week prior to the scheduled motion docket.
Civil cases
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
For Pendleton County motion dockets held on the first and third Wednesdays of each month, all motions must be filed before 4:00 P.M. on the preceding Wednesday, one week before the docket.
PENDLETON COUNTY: the first and third Wednesdays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:00 P.M. on the Wednesday one week prior to the scheduled motion docket.
Civil cases
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
For Harrison County motion dockets held on the first and third Tuesdays of each month, all motions must be filed before 4:30 P.M. on the preceding Tuesday, one week before the docket.
HARRISON COUNTY: the first and third Tuesdays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the Tuesday one week prior to the scheduled motion docket.
Civil cases
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
For Robertson County motion dockets held on the second Monday of each month, all motions must be filed before 4:30 P.M. on the Monday one week before the docket.
motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the ROBERTSON COUNTY: the second Monday of each month; all Monday one week prior to the scheduled motion docket.
Civil cases
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
The court must review a protective-order petition immediately after it is filed.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
Motions must be filed with the Circuit Court Clerk by close of business at least ten days before the motion hour; if the deadline falls on a holiday or clerk's-office closure, filing is due by close of the next business day, and urgent matters may be set after the deadline only with Court permission.
All motions shall be filed in the Office of the Circuit Court Clerk by the close of business, no later than ten (10) days prior to the scheduled motion hour. If the filing deadline falls on a holiday, or falls on a day when the Circuit Court Clerk's Office in that respective county is closed, then all motions shall be filed by the close of the next business day. Any urgent matters may be set after the expiration of the filing deadline only with the permission of the Court.
Page 6 | RULE 2 COURT SCHEDULING/ PRACTICE AND PROCEDURE
A party may file a motion to set an adoption final hearing only after the Court receives the Cabinet for Health and Family Services report.
A party may file a motion to set a final hearing in an adoption only after a report from the Cabinet for Health and Family Services has been received by the Court.
Page 9 | 301 Setting a Final Hearing in an Adoption
The petitioner must submit the documents for Court review at least 10 days before the adoption final hearing.
The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.
Page 9 | 301 Setting a Final Hearing in an Adoption
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 14 | Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment, but must do so no later than 30 days before trial.
After indictment in circuit court, and no later than 30 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
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The moving party must notify the opposing party, and a matter will not be heard without reasonable notice.
In all cases, the party filing the motion must provide notice to the opposing party. A matter will not be heard if the opposing party is not provided with reasonable notice.
Page 6 | RULE 2 COURT SCHEDULING/ PRACTICE AND PROCEDURE
In contested hearings, parties must disclose expert and other witnesses and exchange intended exhibits at least ten days before the hearing.
A) In any contested hearing all parties shall disclose and identify, ten days prior to the hearing date, any expert witnesses that they intend to call as a witness, and shall provide a list of all other witnesses that may be called to testify. At least ten days prior to the hearing date, the parties shall also produce and exchange any documents, correspondence, media, photographs, recordings or videos that they intend to submit as exhibits.
Page 7 | 204 Contested Motions
In nonconfidential matters, the parties must provide the child's school with a copy of any order affecting custody or timesharing.
In any matter that is not a confidential case, the parties shall provide a copy of any order affecting custody or timesharing to the subject child's school.
Page 9 | 208 Notice to a Child's School
The Court may direct the Circuit Court Clerk to distribute an order affecting custody or timesharing to a school or child care facility.
The Court may, sua sponte, direct the Circuit Court Clerk to distribute a copy of an order to a school or child care facility.
Page 9 | 208 Notice to a Child's School
Courtesy Copy Requirements
A copy of an ex parte motion must be submitted directly to the Court.
A copy of the filed motion shall be submitted directly to the Court.
Page 8 | 207 Ex Parte Motions
Sealing & Redaction Procedures
A video of a child witness must be sealed and may be released only under conditions set by the Court on the record or by Court order.
Any video of a child witness will be sealed and will only be released upon conditions set out by the Court on the record or by Order of the Court.
Page 9 | 209 Children as Witnesses
Pre-Motion Conference Requirements
For emergency child-custody matters, a party is advised to exhaust remedies from the Cabinet for Families and Children and the County Attorney before filing an ex parte motion.
In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion.
Page 8 | 207 Ex Parte Motions
Adjournment & Extension Requirements
When no regular motion hour is held because of Judicial College, courthouse closure, or the judge's unavailability, scheduled motions automatically move to the next regular motion hour; the Court may also reset a docket day that falls on a state holiday.
There will be no motion hour during any scheduled Judicial College, if the courthouse is closed for any reason (i.e. holiday or inclement weather), or if the Family Court Judge is not available. In the event that there is no regular motion hour, all motions scheduled for that date shall be automatically passed to the next regularly scheduled motion hour in that respective county. The Court will observe the Commonwealth of Kentucky state holiday schedule and may reset a regular docket day in the event that the date would otherwise fall on a state holiday.
Page 6 | RULE 2 COURT SCHEDULING/ PRACTICE AND PROCEDURE