Henderson Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Adoption Petition
- 1 copy • Mail
Order of Submission
- 1 copy • Mail
Adjournments
- An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion . Should this prove unsuccessful the party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing it with the Clerk . If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion and re-notice the parties .
- After a trial date is set, a continuance may be granted only if the Court is satisfied that the reasons were both unavoidable and unforeseeable when the date was set.
Request must include
Communication
Phone
Phone
Document Format Requirements3 rules
Such orders shall be by separate styled instruments and not on the same page as the motion .
Attached to the proposed instructions of all parties (on a separate sheet of paper) shall be a memorandum showing the source of legal authority for each instruction so submitted
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
Document Filing Requirements74 rules
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, a motion for trial, or a motion for summary judgment.
To move the Family Court for the issuance of an order for fees, prepare two copies of the order, a single motion and affidavit regarding services rendered, and attach a copy of the billing sheet.
A motion to modify child support must explain why the movant believes a substantial and continuing material change of circumstance has occurred.
Court's wording
In addition to the requirements of FCRPP 9(5), any motion for modification of child support shall include information as to why the movant believes there is a material change of circumstance that is substantial and continuing, pursuant to KRS 403.213 (1).
Any order setting or modifying a child support obligation shall include a guidelines worksheet attached to the order.
In addition to the requirements of FCRPP 9, all motions for child support in a dissolution of marriage or paternity action shall be in strict compliance with KRS 403.211 and 403.212.
An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client and acknowledging that the remaining file information is confidential.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. representation of the party, any information contained in such file is confidential and subject Regardless of the subsequent representation or non- to the attorney-client privilege.
upon the receipt by the Upon receipt of the Henderson Family Court Clerk's Office of an attorney's statement Henderson Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
After a determination of paternity, a party requesting custody must file a separate civil action in circuit court rather than proceeding in a juvenile action.
If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the Circuit Court Clerk's Office.
Petitions must be submitted to the Henderson County Attorney for legal-sufficiency review; rejected petitions go to the Family Court Judge, approved petitions are initialed, and a copy and original are distributed and filed as specified.
Court's wording
All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the petition is rejected by the County Attorney, it shall be submitted to the Family Court Henderson County Attorney, who shall check the petition for legal sufficiency. If the fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be Judge for determination of legal sufficiency. If the Judge determines that the petition appropriate, shall initial the petition for filing. A copy shall be distributed to the dismissed. If the petition is approved, the Assistant County Attorney or Judge, as and the original shall be filed with the Office of the Henderson Circuit Court Clerk.
1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction;
2. Full information concerning the child's parents and their address(es). The Court's jurisdiction; and not limited to, initiating contact with the Child Support Division of the petitioner shall make diligent efforts to locate the child's parents, including but Henderson County Attorney's Office.
A Case Data Information sheet (Form AOC-FC-3) and VS 300 shall be filed with each petition.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
Parties must deliver the AOC-238, Preliminary Verified Disclosure Statements, to the Court at least five days prior to the Case Management Conference.
Case Management Conference may only be cancelled by agreed order or order of the Court.
In the event a settlement is reached after the Final Evidentiary Hearing has been scheduled but before the hearing date has occurred, one of the following must occur: A written settlement agreement, motion to submit and decree shall be submitted directly to the Court;
In any dissolution of marriage in which there are minor children, a Final Decree of Dissolution of Marriage shall not be entered by the Court if an order to attend the Families in Transition Program has been entered until parties and children, kindergarten age to seventeen, have attended and completed the Families in Transition (FIT) program.
No final evidentiary hearing will be set until the parties have completed FIT.
the agreement on the record. Counsel may The parties and their counsel shall present themselves to the Court on the agreement to the court for editing and execution of the agreement by the bring a draft of the agreement on disk or otherwise electronically transfer the litigants.
In the event proof is offered orally before the Court, a certification concerning the videography record, including date and time, shall be filed by the attorney for the Petitioner and signed by both parties, or their counsel.
In any action for dissolution of marriage where there is a minor child born to the parties declaration may be in the form of an affidavit or may be included in a property settlement document or other court order and set forth in the Decree of Dissolution.
Pursuant to FCRPP 2 and 3, in both contested and uncontested dissolution actions the AOC-239, Final Verified Disclosure Statement, must be filed with the Court.
If a juvenile has a scheduled court appearance when school is in session, the juvenile must attend school prior to the court appearance (absent a showing of extreme circumstances), and must obtain a sign-out slip.
Every decree of dissolution must be submitted with a Motion to Submit verified by both parties or accompanied by the required affidavits; attachments already in the court file need not be resubmitted.
Court's wording
A Motion to Submit pursuant to FCRPP 3 is required to be submitted with every decree affidavits required in FCRPP 3. If attachments referred to in FCRPP 3 are already of dissolution. The motion must be either verified by both parties or accompanied by the included in the court file, the parties shall not be required to re-submit those documents.
Both parties or their counsel must sign the decree prior to submission.
The AOC-239, Final Verified Disclosure Statement, and a proposed resolution of all suite 301, Henderson County Judicial Center, at least 5 days before the Case contested matters shall be faxed, emailed or hand-delivered to Henderson Family Court, Management Conference.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Filed paper
Must include
- •Case number
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
The Family Court Case Data Sheet must be fully completed in all cases.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
In order to be entered without the necessity of a hearing, an order must contain The preparer's certificate and a "have seen" signed by opposing party or counsel.
Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.
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.
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.
The judge reviewing a petition for an order of protection shall indicate in the 'Court Actioni 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.
There shall be filed with each motion a brief statement of the grounds therefore, with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires .
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form
All motions including motions for summary judgment but excluding motions to set a pretrial conference or trial date shall be filed with the tender of a proposed order in conformity therewith, including such orders that require findings of fact and conclusions of law .
- Document
- Motion
Must include
- •Proposed order
When completed, the videotape and typewritten transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same, in the manner required by law .
In addition to the videotape recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typewritten transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete .
Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket .
Not less than 7 days before the pretrial conference, plaintiff's counsel shall submit a memorandum brief on any unusual problems anticipated to arise in the trial of the action
The parties must submit proposed jury instructions by the pretrial conference covering the jury issues raised by each party's theory, except that a defendant without a counterclaim or cross-claim may limit instructions to the defendant's theory.
Court's wording
On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel . Such proposed instructions shall embody all jury issues raised by each party's theory of the case, except that instructions submitted on behalf of the defendant(s) may be limited to the defendant's theory of the case if the defendant is not prosecuting a counterclaim or cross-claim
An order or judgment must bear the specified attorney approvals and preparer notation, and must identify when the opposing party is unrepresented.
Court's wording
It shall be signed "have seen" or "ok to enter" by all attorneys of record, and shall be presented to the Court . It shall also include "prepared by" . If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon .
an order or judgment in conformity therewith shall be prepared by counsel for the successful party
A party seeking a judgment by default where CR 55 .01, 5 .01, or 6 .03 apply shall file a written motion for such a judgment, which must appear on the motion docket . Said motion shall be accompanied by the movant's certificate, as stated in CR 55 .01 .
The Court will sign all agreed orders signed by all counsel of record or by parties not represented by counsel who are affected by the order with the exception of orders continuing the trial of any case .
When answering interrogatories or requests for admissions, the replying party shall set forth immediately preceding each answer the question or the request to which the answer is responsive .
Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55 .01 .
All objections to interrogatories and requests for admissions must cite basis for the objection and shall cite authority of such objection .
It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example .
It shall be his responsibility to see that the client receives such notice, and he or she must be prepared to present proof of this fact at the hearing
A party who appeared through counsel may not appear through different counsel unless the Court first enters a substitution order.
Court's wording
Whenever a party has appeared by counsel he or she may not thereafter appear by different counsel in his or her own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney
When an attorney of record wishes to cease representation of a party, he or she shall file a motion therefore and give adequate notice to his or her client and opposing counsel
Upon final submission of any matter to the Court, the attorneys shall prepare and file in the record an Order of Submission setting forth with particularity the issue or issues submitted
The reviewing judge must indicate in the petition’s Court Action section which of the two specified types of action is being brought.
Court's wording
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.
upon completing the document return it to the Clerk to be placed on the docket
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533.250(2) .
The Order of Diversion must direct the defendant not to commit any offense during diversion and to comply with other applicable statutory provisions or conditions set by the Court.
Court's wording
As required by KRS 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 KRS 533 .030 or any other condition the Court deems appropriate .
Whether the diversion shall be supervised or unsupervised (and include supervision fees, ifapplicable). [It is recommended a monthly supervision fee of $25.00, but no less than $10 .00, be imposed on the divertee. KRS 533.250(3) .]
When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3) .
Restitution, if applicable [Made mandatory by KRS 533.254 where victim has suffered monetary damage.]
Duration of the diversion
Require defendant to obey all rules and regulations imposed by Probation and Parole.
An agreed order of custody with an appropriate waiver of affidavit may be filed in a "CI" action, to include reference to the entry of a judgment of paternity, with the case number and date of entry of the judgment.
Filing & Service rules
Electronic Filing Rules
The Court may accept a tendered order by facsimile but prefers original documents.
The Court may accept a tendered order via facsimile, although the Court prefers original documents.
Page 13 | 905 Faxes
Filing Timing and Cure Windows
Motions filed after noon on the preceding Wednesday are automatically passed to the next Motion Hour.
All motions filed after 12:00 noon on such Wednesday shall be automatically passed to the next Motion Hour.
Page 4 | 203 Deadline for Serving and Filing Motions
If the court is closed on Thursday or Friday, motions under HFRP 201 A must be filed and clocked by 4:30 p.m. on the preceding Tuesday.
If the Henderson Family Court is closed on Thursday or Friday, motions pursuant to HFRP 201 A. shall be filed and clocked no later than 4:30 p.m. on the preceding Tuesday
Page 4 | 203 Deadline for Serving and Filing Motions
Motions other than those listed in subsection 203 C must be filed by noon C.S.T. on the preceding Wednesday.
A. All motions except those listed in 203 C. below shall be filed no later than 12:00 noon C.S.T. on the preceding Wednesday
Page 4 | 203 Deadline for Serving and Filing Motions
Motions filed after noon on Tuesday are passed to the next Motion Hour.
All motions filed after 12:00 noon on Tuesday shall be passed to the next Motion Hour.
Page 4 | 203 Deadline for Serving and Filing Motions
Non-emergency Dependency, Neglect and Abuse and Status Offense motions must be filed and noticed by noon at least one week before the court date.
C. All non-emergency Dependency, Neglect and Abuse, and Status Offense motions shall be filed and noticed no later than 12:00 noon at least one week preceding the Court date, with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.
Page 4 | 203 Deadline for Serving and Filing Motions
Motions filed after the deadline are passed to the docket's next scheduled Motion Hour.
All motions filed after the deadline shall be passed to the docket's next scheduled Motion Hour.
Page 4 | 203 Deadline for Serving and Filing Motions
Pursuant to FCRPP 15(3), when the genetic test report excludes the defendant from the filing of the exclusionary report, will enter an order of dismissal in favor of the defendant paternity of the child, the Court, after the expiration of thirty (30) days from the date of the unless a motion for additional testing pursuant to KRS 406.091 is filed prior to the expiration of the thirty (30) days.
Pursuant to FCRPP 15(3), when the genetic test report excludes the defendant from the filing of the exclusionary report, will enter an order of dismissal in favor of the defendant paternity of the child, the Court, after the expiration of thirty (30) days from the date of the unless a motion for additional testing pursuant to KRS 406.091 is filed prior to the expiration of the thirty (30) days.
Page 5 | 501 Motion Practice
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, a motion for trial, or a motion for summary judgment.
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, a motion for trial, or a motion for summary judgment.
Page 5 | 501 Motion Practice
The AOC-238 Preliminary Verified Disclosure Statements must be delivered at least five days before the Case Management Conference.
Parties must deliver the AOC-238, Preliminary Verified Disclosure Statements, to the Court at least five days prior to the Case Management Conference.
Page 9 | 702 Case Management Conference
The required disclosure statement and contested-matter resolution must be delivered at least five days before the Case Management Conference.
The AOC-239, Final Verified Disclosure Statement, and a proposed resolution of all suite 301, Henderson County Judicial Center, at least 5 days before the Case contested matters shall be faxed, emailed or hand-delivered to Henderson Family Court, Management Conference.
Page 11 | 708 Disclosure Statement
Motions filed by Wednesday noon before a motion day are docketed for that motion day; later motions are docketed for the following motion day unless the parties agree otherwise.
The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the Clerk no later than Wednesday NOON preceding the next motion day . Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed by the parties .
Page 2 | RULE 1. MOTION DAYS AND MOTIONS
A response to a motion must be filed with the Clerk before the hearing date unless the Court sets a different time.
the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court .
Page 3 | RULE 1. MOTION DAYS AND MOTIONS
If a continuance is obtained, the party seeking it must re-file the motion.
If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion
Page 4 | RULE 2. CONTINUED MOTIONS
Plaintiff's counsel must submit the trial-problems memorandum at least 7 days before the pretrial conference.
Not less than 7 days before the pretrial conference, plaintiff's counsel shall submit a memorandum brief on any unusual problems anticipated to arise in the trial of the action
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Proposed jury instructions must be submitted to the Court on or before the pretrial conference.
On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Signed judgments and orders of sale must be sent to the Master Commissioner's office within ten days of the Judge's signature.
All signed Judgments and Orders of Sale must be sent to the Master Commissioner's office within ten days of the Judge's signature
Page 6 | RULE 7. MASTER COMMISSIONER
Counsel for the successful party must prepare an order conforming to the announced order, judgment, or jury verdict within five work days, unless the judge directs otherwise.
In all civil and criminal cases in which a verbal order or judgment is announced by the Judge, and in the case of a jury verdict, an order or judgment in conformity therewith shall be prepared by counsel for the successful party within five (5) work days after the order or verdict, unless directed otherwise by the Judge .
Page 7 | RULE 9. ENTRY OF ORDERS AND JUDGMENT AND SERVICE
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.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (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
Proposed jury instructions filed with the Clerk are not part of the official record unless a party re-submits or tenders them, or portions of them, to the Court at the conclusion of all evidence.
Such instructions are to be filed with the Clerk of the Court but shall not be deemed to constitute a part of the official record and tendered instructions on behalf of a party unless and until a party re-submits or tenders such instructions, or portions thereof, to the Court at the conclusion of all evidence on the trial of the case
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Defendant's counsel may, if desired, reply to the memorandum brief within 4 days prior to the pretrial conference.
defendant's counsel may, within 4 days prior to the pretrial conference, reply thereto should he or she desire
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Service and Proof of Service Rules
Copies must be mailed or hand-delivered to the opposing party, or placed with a process server, by 4:30 p.m. that same day.
with copies to be mailed or hand delivered to opposing party or placed with a process server on that same day by 4:30 p.m.
Page 4 | 203 Deadline for Serving and Filing Motions
with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.
with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.
Page 4 | 203 Deadline for Serving and Filing Motions
with copies to be mailed or hand delivered or placed with a process server by 4:30 p.m. on Tuesday.
with copies to be mailed or hand delivered or placed with a process server by 4:30 p.m. on Tuesday.
Page 4 | 203 Deadline for Serving and Filing Motions
After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.
The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 8 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
The written motion must include notice to all parties and to the child's Guardian ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
Page 12 | 904 Requests for Confidential Video Records
The Clerk must ensure that a copy is presented to the Henderson County Sheriff's Office for service upon the Respondent.
the clerk shall insure that a copy is presented to the Henderson County Sheriff's office for service upon the Respondent.
Page 17 | IV. Contempt Proceedings
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at his office in Henderson, Kentucky, and proof of service on the Judge should be listed in the Certificate of Service . Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires .
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at his office in Henderson, Kentucky, and proof of service on the Judge should be listed in the Certificate of Service . Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires .
Page 3 | RULE 1. MOTION DAYS AND MOTIONS
Notice must be given of the deposition’s time and place and the witnesses to be deposed, unless the parties agree on those matters.
Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken, unless said matters are agreed upon by the parties, as in other cases .
Page 4 | RULE 3. VIDEOTAPED DEPOSITIONS
Whenever a continuance is obtained, the party seeking it must re-notice the parties.
If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion and re-notice the parties .
Page 4 | RULE 2. CONTINUED MOTIONS
Proposed jury instructions submitted to the Court must include sufficient copies to be served upon opposing counsel.
On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Counsel preparing an order or judgment must give the Clerk enough copies and properly addressed stamped envelopes to complete service when required.
Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77 .04 .
Page 7 | RULE 9. ENTRY OF ORDERS AND JUDGMENT AND SERVICE
The Circuit Clerk must distribute order copies by mail or delivery to the listed persons and certify each distribution on the Distribution list.
The Circuit Clerk shall distribute copies of all orders by mail or delivery to the persons listed under DISTRIBUTION and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the Distribution list .
Page 8 | RULE 10. DISTRIBUTION OF ORDERS
An attorney seeking to withdraw must give adequate notice to the client and opposing counsel.
When an attorney of record wishes to cease representation of a party, he or she shall file a motion therefore and give adequate notice to his or her client and opposing counsel
Page 9 | RULE 15. APPEARANCES AND SUBSTITUTIONS
If the withdrawal motion is granted, the withdrawing attorney must serve the order on the client and all attorneys of record.
If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the withdrawing attorney
Page 9 | RULE 15. APPEARANCES AND SUBSTITUTIONS
Before a substitution order is made, reasonable notice must be given to the party’s attorney and opposing counsel.
Whenever a party has appeared by counsel he or she may not thereafter appear by different counsel in his or her own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney
Page 9 | RULE 15. APPEARANCES AND SUBSTITUTIONS
An attorney delivering a letter, memorandum, or brief to the judge in a pending case must concurrently deliver a copy to opposing counsel.
No attorney shall deliver to the judge any letter, memorandum or brief in any pending case without concurrently delivering a copy to opposing counsel
Page 10 | RULE 17. UNILATERAL COMMUNICATION WITH JUDGE
The Clerk must ensure that a copy is presented to the Henderson County Sheriff’s Office for service on the Respondent.
the clerk shall insure that a copy is presented to the Henderson County Sheriff's office for service upon the Respondent.
Page 4 | IV. Contempt Proceedings
The Judge may allow a temporary removal or adjudicatory hearing to proceed despite nonservice on the non-custodial parent if the petitioner establishes on the record diligent efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent.
The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 8 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
Notice to the Henderson County Attorney may be provided by placing a copy of the notice and motion in the designated basket at the Clerk's Office.
Notice to the Henderson County Attorney may be accomplished by placing a copy of the notice and motion in the Henderson County Attorney basket located in the Henderson Family Court Clerk's Office.
Page 4 | 203 Deadline for Serving and Filing Motions
Counsel may waive service of an order or judgment and notice of entry by written waiver.
Counsel may waive in writing service of any order or judgment and notice of entry .
Page 7 | RULE 9. ENTRY OF ORDERS AND JUDGMENT AND SERVICE
Filing Fees and Waivers
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases motions regarding child support, custody or visitation are brought by a private attorney or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent the motion is brought in forma pauperis. are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases motions regarding child support, custody or visitation are brought by a private attorney or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent the motion is brought in forma pauperis. are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless
Page 6 | 504 Reopening Fee
The required Circuit Court filing fee must be paid to the Henderson County Circuit Court Clerk, with any previously paid District Court filing fee credited against it.
Pursuant to FCRPP 14(3), the Family Court Judge will transfer the custody matter to the circuit court docket and shall require that an appropriate petition be filed and the Circuit Court filing fee be paid to the Henderson County Circuit Court Clerk as reduced by the amount of the District Court filing fee previously paid, if any.
Page 7 | 509 Custody Motions
Bond must be paid in cash, and a driver's license or Kentucky ID and Social Security number are required.
Bond: Cash only, Driver's License or Kentucky I.D. required - social security number is required.
Page 1 | Office of Circuit Court Clerk
Probation fees must be paid in person by cash or credit/debit card; checks and money orders are not accepted, card payments incur a processing fee, and a P.I.D. number is required.
Probation Fees: Cash and credit/debit payments (cards include processing fee) must be made in person. Checks and money order not accepted. P.I.D. # required.
Page 1 | Office of Circuit Court Clerk
In-person payments may be made at the Payment Window by cash, money order, certified or local personal check, credit card, or debit card; credit transactions are limited to $2,500 each, and card payments incur a processing fee.
You can pay in-person at the Payment Window in the Office of Circuit Court Clerk with cash, money order, certified check, local personal check,credit ($2,500 limit - per transaction) or debit card. Payment with credit/debit card includes a processing fee.
Page 1 | Office of Circuit Court Clerk
For drop-box payments covering multiple cases, include the case number and defendant's name to identify the case to which the payment should be applied.
If you're paying for multiple cases by drop box, please indicate which case the payment is to be applied to by including case number and name of defendant.
Page 1 | Office of Circuit Court Clerk
Drop-box payments must be made by local personal check or money order payable to the Henderson Circuit Clerk; cash is not accepted, and the box is checked Monday through Friday at 8:00 a.m.
You can pay by drop box to the left of the Henderson County Judicial Center's front enterance (checked Monday- Friday, 8:00 a.m.) with a local personal check or money order made payable to the Henderson Circuit Clerk (no cash in drop box.)
Page 1 | Office of Circuit Court Clerk
Payments may be made online through ePay.
Payment options: You can pay online through ePay.
Page 1 | Office of Circuit Court Clerk
Courtesy Copy Requirements
A copy of the Order of Submission must be mailed to the judge.
A copy of the order will be mailed to the judge
Page 9 | RULE 13. ORDER OF SUBMISSION AND BRIEFS
A courtesy copy of all adoption petitions should be mailed to Protection and Permanency at 311 West 2d Street, Owensboro, Kentucky 42301, Attention: Two Rivers Service Region.
A courtesy copy of all adoption petitions should be mailed to Protection and Permanency at 311 West 2d Street, Owensboro, Kentucky 42301, Attention: Two Rivers Service Region.
Page 4 | 302 Petitions
Sealing & Redaction Procedures
Temporary Custody Orders under KRS 199.473(7) must be sealed and unavailable for inspection by anyone other than the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.
Page 4 | 301 Temporary Custody Order
The clerk must not release Henderson Family Court confidential video records without a specific written order from the Family Court Judge, except in Paternity actions.
The Henderson County Circuit Court Clerk's office shall not release any copies of Henderson Family Court confidential video records, except for Paternity actions, without a specific written order from the Family Court Judge.
Page 12 | 904 Requests for Confidential Video Records
The clerk must not release a Henderson Family Division in-chambers video interview with a child without a specific written order from a Family Court Division Judge.
Pursuant to FCRPP 17, the Henderson County Circuit Court Clerk's office shall not release any Henderson Family Division video in-chamber interviews with children without a specific written order of a Family Court Division Judge.
Page 12 | 903 Video Copies of In-Chamber Interviews with Children
When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope with access limited to authorized persons; filings in actions deemed confidential by statute need not be redacted.
However, except as set forth in HFPR 902 B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy sealed copy of the pleading, document, or exhibit containing personal identifiers to be in a marked and sealed envelope. The clerk of the court shall allow the unredacted accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, "personal identifier" means a Social Security number or tax- payer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by HFPR 507 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 12 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
In the specified paternity cases, the parties must attend a settlement conference before their court appearance and attempt to reach a stipulation.
In all cases in which the respondent files an answer admitting to the paternity of the child, or case shall be set for an appropriate hearing on the Third Friday Docket. On the scheduled signs an affidavit of paternity, or the genetic test report contains an inclusionary result, the hearing date, the parties shall report to Courtroom 100 of the Henderson County Judicial attempt to negotiate and enter into a stipulation of facts and order concerning paternity and Center, for a settlement conference in advance of their court appearance. The parties will child support.
Page 5 | 502 Pretrial Procedures
Attorneys should make a reasonable effort to settle their client’s dispute before court appearances.
Attorneys shall make a reasonable effort to settle the dispute of their client prior to court appearances
Page 9 | RULE 16. PUNCTUALITY, EXPEDITION AND SETTLEMENT
Adjournment & Extension Requirements
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion . Should this prove unsuccessful the party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing it with the Clerk . If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion and re-notice the parties .
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion . Should this prove unsuccessful the party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing it with the Clerk . If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion and re-notice the parties .
Page 4 | RULE 2. CONTINUED MOTIONS
After a trial date is set, a continuance may be granted only if the Court is satisfied that the reasons were both unavoidable and unforeseeable when the date was set.
Once a trial date has been set, neither party shall be granted a continuance unless the Court is satisfied that the reasons were both unavoidable and unforeseeable on the setting date
Page 5 | RULE 4. PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL—CIVIL CASES
Chambers Communication Rules
During the stated weekday business hours, CHFS or an interested party seeking an ECO must go to CHFS, the designated County Attorney's Office, or the Circuit Court Clerk's Office, which will contact the Family Court judge.
During normal working hours, 8:30 a.m. to 4:30 pm. Monday through Friday, excluding holidays, the Cabinet for Health and Family Services (CHFS) or any interested party designated County Attorney's Office, for assistance in obtaining an Emergency Custody seeking an Emergency Custody Order (ECO), shall come to the CHFS office and/or the Court judge for consideration on whether to issue an ECO.
Page 7 | 601 Procedure for Emergency Custody Orders
After hours, on weekends, and on holidays, CHFS, the County Attorney or Assistant County Attorney, or law enforcement, as applicable, must contact the Family Court Judge about an ECO request, which must comply with FCRPP 19.
After working hours Monday through Friday and on weekends and holidays, the Family Court Judge shall be contacted by CHFS, the County Attorney/Assistant County Attorney, or law enforcement, as applicable, for consideration on the issuance of an ECO. Any party requesting issuance of an ECO shall comply with the requirements of FCRPP 19 when making said request.
Page 7 | 601 Procedure for Emergency Custody Orders
Attorneys must promptly inform the Court of any partial or complete settlement and of any continuance of a matter set for hearing or trial.
They will promptly inform the court of any settlement, partial or entire, with any party or of the continuance of any matter set for hearing or trial
Page 9 | RULE 16. PUNCTUALITY, EXPEDITION AND SETTLEMENT
Attorneys must be punctual and promptly notify the Court and all other counsel of circumstances requiring absence or tardiness.
Attorneys shall be punctual in all court appearances and shall give prompt notice to the Court and to all other counsel in the case, of any circumstances requiring his or her absence or tardiness
Page 9 | RULE 16. PUNCTUALITY, EXPEDITION AND SETTLEMENT
Attorneys and litigants may not communicate unilaterally with a judge about the merits of a pending case, except where a legitimate ex parte application is permitted.
Unilateral communication with a judge about the merits of a pending case by attorneys and litigants is prohibited, except in those cases where legitimate ex parte application is permitted
Page 10 | RULE 17. UNILATERAL COMMUNICATION WITH JUDGE
Attorneys must explain the communication prohibition to their clients and direct them not to communicate with the judge about pending or prospective litigation.
Attorneys shall explain this rule to their clients and will direct them to refrain from communicating in any manner with the judge concerning pending or prospective litigation
Page 10 | RULE 17. UNILATERAL COMMUNICATION WITH JUDGE
After regular business hours, the authorized agency or officer must present the petition to the Family Court Judge for review and a decision on whether to issue an order.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Family Court Judge for review and determination if an order should be issued
Page 3 | Twenty-four Hour Accessibility
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: All petitions will be presented to the Family Court Judge, if that judge is unavailable it should be presented to any judge who can be located in the Henderson County Judicial Center, if no judge is available in the building the petition should be presented to the on call District Judge or any judge in any surrounding county, who may sign and issue a protective order.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: All petitions will be presented to the Family Court Judge, if that judge is unavailable it should be presented to any judge who can be located in the Henderson County Judicial Center, if no judge is available in the building the petition should be presented to the on call District Judge or any judge in any surrounding county, who may sign and issue a protective order.
Page 3 | Twenty-four Hour Accessibility
Parties and their counsel may request copies of proceeding tapes in writing under FCRPP 27 and should allow the Court at least 48 hours to prepare them.
A videotaped record of all proceedings shall be kept and copies shall be available to the parties and their counsel upon written request request in accordance with the provisions of FCRPP 27. Allow a minimum of 48 hours for the Court to prepare copies of tapes.
Page 8 | 605 Records and Transcripts
Petitioners seeking to initiate contempt proceedings should contact the Henderson Circuit Clerk's Office to obtain an AOC 275.5.
Petitioners seeking to initiate contempt proceedings should contact: Henderson Circuit Clerk's Office to obtain a AOC 275.5
Page 17 | IV. Contempt Proceedings
In an urgent case, a motion may be noticed for hearing at another time with proper notice; the moving attorney should consult the Judge about a suitable time.
Notwithstanding the foregoing, in case of urgency, a motion, upon proper notice, may be noticed for hearing at other times . In this event, the attorney for the moving party should consult with the Judge for a suitable time for the matter to be noticed .
Page 3 | RULE 1. MOTION DAYS AND MOTIONS
Petitioners seeking to initiate contempt proceedings should contact the Henderson Circuit Clerk’s Office to obtain an AOC 275.5.
Petitioners seeking to initiate contempt proceedings should contact: Henderson Circuit Clerk's Office to obtain a AOC 275.5
Page 4 | IV. Contempt Proceedings
FIT information may be obtained from the parties' attorneys, the Court Clerk, or the Family Court Office.
Information about FIT may be obtained from the Parties' attorneys, the Court Clerk or the Family Court Office.
Page 10 | 706 Divorces Involving Minor Children
By agreement among counsel and the Judge, parties may schedule a contested-motion hearing with the Judge’s secretary at an available time instead of submitting the motion on motion day.
Parties may, by agreement among counsel and the Judge, set the hearing of contested motions with the Judge's secretary at such available times, in lieu of submitting motions on motion day .
Page 3 | RULE 1. MOTION DAYS AND MOTIONS
A party who wishes to preserve a record of a Motion Day proceeding may contact the Judge to make arrangements.
Should a party desire to preserve a record of_ the proceeding, he or she may make arrangements by con- tacting the Judge .
Page 3 | RULE 1. MOTION DAYS AND MOTIONS
To access case records, call or visit the Office of Circuit Court Clerk.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
For family or domestic violence court remote-access availability, contact the Family Court Judge's staff at 270-869-0460.
Family/Domestic Violence Court- Contact Family Court Judge's staff, 270-869-0460 regarding availability.
Page 1 | Office of Circuit Court Clerk
For remote court access in probate or traffic matters, contact the District Court Judicial Services Specialist at 270-826-4755.
Probate - Contact District Court Judicial Services Specialist, 270-826-4755 Traffic - Contact District Court Judicial Services Specialist, 270-826-4755
Page 1 | Office of Circuit Court Clerk