Henry County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements4 rules
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.
(e) Motions for Judgments and Orders of Sale shall be substantially in the form appended herein.
- Motion for judgment
- Order of sale
Formatting
- •Substantially conform to the form appended herein
A. Pursuant to FCRPP 15, to the extent not otherwise specified, any order entered in a dependency, neglect and abuse action shall be on the appropriate AOC forms.
A rubber stamp shall not be deemed a signature either under this rule or CR11.
Document Filing Requirements94 rules
Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.
Counsel must remain of record through the time to appeal unless the Court relieves counsel upon written motion and notice.
Court's wording
Withdrawal: Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
An appearance is general unless counsel states otherwise on the record, and a limited appearance must specify its scope.
Court's wording
4.3 Scope of Appearance: Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.
Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.
Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.
(a) Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.
An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.
Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.
At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;
A proposed order or judgment shall be tendered with any motion.
- Document
- Motion
Must include
- •Proposed order
present that party's alternative version of the order or judgment.
Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.
(b) Plaintiff's Counsel shall file with the Motion an Affidavit of Military Service for each constructively served Defendant.
(f) Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate.
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.
(a) If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately.
(c) In the event the "appraisal" report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.
All appraisals are valid for six months, afterward, a new appraisal must be conducted.
If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.
A party electing to pay delinquent taxes directly must provide the Court an affidavit listing the authorities and lien holders, amounts owed, tax years, and confirmation of payment, with proof of payoff attached.
Court's wording
A party taking credit against its judgment pursuant to 8.4(d), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
Should the property be occupied at the time a Deed is issued, Buyer must obtain a writ of possession to set out the occupants; no judgment shall automatically result in possession.
All motions for proposed "Orders of Distribution" shall be prepared by the party who sought judgment and order of sale.
An Order of Distribution must state the amounts collected, including the advance costs deposit, itemize all fees and costs, and substantially comply with the appended form.
Court's wording
Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution and shall substantially comply with the form appended herein.
Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.
If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues .
Ifan agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties.
B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FAMILY COURT CASE NO.:_
Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
- Document
- Final hearing papers
Must include
- •Proposed order
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.
Any expenses paid by the prospective adoptive parents) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parents) along with a tendered order approving expenses.
In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).
each petition for a domestic violence order shall conform with the requirements of KRS 403.725
each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.
Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.
An attorney seeking access to a paternity file for representation must submit a written, signed request stating the reason, unless the party instead signs a notarized release authorizing access.
Court's wording
A. An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request. In the alternative, a party to a paternity action may sign a notarized release authorizing an attorney to review and/or copy his/her paternity case file.
A party seeking approval of an agreement establishing paternity for someone outside the marriage must submit a Three-Way Paternity Affidavit Form (VS-8C).
Court's wording
In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).
After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.
Before seeking an Emergency Custody Order, the petitioner must have the Petition reviewed by the appropriate CHFS Office and County Attorney, and a copy must be provided to the person seeking the order.
Court's wording
1. Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12" Judicial Family Court Rule 603 below. A copy shall also be provided to the person seeking the ECO.
CHFS will file the original order with the 12" Judicial Family Court Clerk's Office on the
An emergency custody order request must be written and accompanied at filing by an affidavit containing the AOC-DNA-2.1 contents and alleging dependency, abuse, or neglect; the official form may be used.
Court's wording
A. Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule.
Petitions must include the specified form contents, jurisdictional citations and allegations, and parents’ contact information; petitioners must also make diligent efforts to locate the parents, including contacting the County Attorney’s Child Support Division.
Court's wording
C. Any petition filed with this Court shall contain: The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and Full information concerning the child's parents and their addresses), email addresses), and phone numbers). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.
In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.
Petitions must follow FCRPP 19 and contain the contents of the official AOC-DNA-1 petition form.
Court's wording
All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.
The Dispositional Report shall be submitted on form AOC-DNA-12.
Any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.
Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.
After settling issues set for hearing or trial, the parties must notify the Court; that notice may be included in their Agreed Order.
Court's wording
If the parties reach a settlement resolving issues to be hear at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222-2490 to remand the motion from the Court's docket. The notice to the Court to remand may be contained in the Agreed Order of the parties.
Preliminary Verified Disclosure Statements are required of both parties whenever one or both parties are unrepresented by counsel.
Attorneys may sign for their clients but must state on the signature line the method of authority.
- Placement
- Signature block
Final Proof in a Dissolution matter shall be submitted to the Court upon a joint written motion, with necessary proof, that is sufficient to prove the statutorily require facts.
All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.
All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.
Final Verified Disclosure Statements shall be filed in the record without attachments.
A Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form shall be filed with any dissolution petition.
Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.
If the Court orders a pre-trial memorandum, the parties must use the Court-supplied form and file the completed memorandum as a legal pleading by the Court-prescribed deadline.
Court's wording
Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
If no agreement is reached, the mediator shall report to the Court that the mediation has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties and their counsel.
Filing & Service rules
Electronic Filing Rules
Civil pleadings must be filed in accordance with the applicable Supreme Court Rules requiring electronic filing.
All pleadings shall be filed in accordance with the Rules of Civil Procedure and in accordance with the applicable Supreme Court Rules requiring electronic filing.
Page 8 | 6.2 Electronic Filing
Pleadings may not be delivered to the Circuit Clerk or the Court by facsimile.
No pleadings shall be delivered to the Circuit Clerk or the Court by facsimile.
Page 8 | 6.2 Electronic Filing
Faxed pleadings will not be accepted unless the Family Court Judge has given prior approval.
The Clerk is instructed not to accept faxed pleadings unless prior approval by the Family Court Judge.
Page 4 | 205 Faxed Pleading
A party may file motions in compliance with the e-filing system, and motions compliant with the e-filing protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 9 | Courtesy Copies
Filing Timing and Cure Windows
Motions may not be filed on the morning of trial unless the Court grants leave.
No motions may be filed the morning of the trial without leave of the Court.
Page 5 | 5.6 Jury Trials
The transport order for an incarcerated subpoenaed witness must be submitted to the Court at least seven days before the desired appearance.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
Page 6 | Transportation of Incarcerated Defendants/Witnesses
Unless the Court directs otherwise, requests to docket a case and notices of motions must be filed at least 7 days before the Motion Docket.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
Mailed or e-mailed motions are not recognized until the original is received and filed in the record by the appropriate Circuit Clerk.
mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.
Page 9 | Courtesy Copies
Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.
Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.
Page 9 | 6.8 Filing Deadline
If no oral argument is requested, the moving party must notify the Court by correspondence or AOC-280 that the matter is ready for final submission and adjudication seven days after briefing closes.
If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Except as provided for Judicial Sales, the specified motions must be noticed, served, and filed at least ten days before the Motion Docket hearing and must be accompanied by a memorandum of authority.
Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
The Master Commissioner must sell the property within 90 days after the referral order, except that vacant-and-abandoned property is sold under KRS 426.205.
(a) The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property within ninety (90) days after the date of the order of referral except that property found to be "vacant and abandoned" shall be sold in accordance with KRS 426.205.
Page 13 | 8.2 General Requirements
Counsel must file and serve motions for judgment on a defendant's cross-claims at least seven days before the noticed Judgment and Order of Sale motion date.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.
Page 13
A defendant who does not reduce claims to judgment within the stated timeframe is limited to the specified fees, principal, and interest, and any other claim not submitted for judgment will be dismissed.
Any Defendant who does not reduce their claims to Judgment within the above time frame will be limited to pre-litigation fees per KRS 134.452, principal, and interest. Any other claim not submitted for judgment will be dismissed.
Page 13
Motions for default or summary judgment and an Order of Sale must be filed at least 30 days before the noticed hearing date.
(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.
Page 13
A party taking exception to the sale report must file its exceptions within ten days after the report is filed.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
The Master Commissioner must file the sale report no later than three business days after the sale.
No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.
Page 15 | 8.4
B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.
B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.
Page 4 | 203 Deadline for Serving and Filing Motions
If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 p.m. on the prior business day.
C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.
Page 4 | 203 Deadline for Serving and Filing Motions
Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.
D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.
Page 4 | 203 Deadline for Serving and Filing Motions
CHFS or other agency reports must be filed within 90 days after the petition is filed.
Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.
Page 5 | B. Reports
Counsel must tender the necessary final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, 14 days before the hearing, unless the Court orders otherwise.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
Page 5 | 302 Orders Setting Final Hearing
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
A hearing must be held within 60 days of a motion for a trial date.
A hearing shall be held within sixty (60) days of a motion for a trial date.
Page 6 | 305 Involuntary Termination with Adoption — D. Hearings
The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.
In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.
Page 7 | 310 Involuntary Termination of Parental Rights
During regular work hours, a verified DVO or IPO petition must be filed at the Circuit Clerk's Office in the county where the petitioner resides or fled to escape domestic violence and abuse.
A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.
Page 7 | 401 Procedures for Filing and Obtaining a Domestic Violence Order or Interpersonal Protective Order
The listed motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion's Certificate of Service.
The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: Motion for Appointment of Guardian ad Litem Motion to Request for Approval of Guardian ad Litem fee Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 4. Motion to Submit to DNA testing.
Page 8 | 501 Motion Practice
Default-judgment motions for failure to plead or defend stand submitted upon filing and are not noticed for motion hour, unless the Court determines a hearing is necessary.
Motions for Default Judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall stand submitted upon filing and shall not be noticed for motion hour; however, if the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned.
Page 8 | 501 Motion Practice
The listed motions must be noticed for motion hour and filed seven days before the requested date.
The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: 1. Motion to Establish Child Support 2. Motion to Establish Parenting Time 3. Motion to Modify, Suspend, or Terminate Child Support 4. Motion to Determine Child Support Arrearage Motion for Contempt 6. Motion for Summary Judgment Motion for Judgment of Paternity.
Page 8 | 501 Motion Practice
If not filed with the emergency custody order, the petition must be filed with the clerk within 72 hours of taking the child into custody in the same case file as the order and affidavit.
C. If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.
Page 11
Dispositional reports must be filed one week before the dispositional hearing.
All dispositional reports) shall be filed one (1) week in advance of the dispositional hearing.
Page 12 | 608 Disposition Hearing
Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Page 16 | 705 Procedures for Obtaining a Final Trial Date
The pre-trial memorandum must be submitted 14 days before the trial date.
Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)
Page 22 | Appendix B
An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.
6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.
Page 24 | Appendix C — Trial Order
The required pretrial filings and exchanges are due at least fourteen days before the trial date.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.
Page 24 | Appendix C — Trial Order
The Commonwealth may respond in writing to the motion within ten days after it is presented at the initial hearing.
The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.
Page 6 | 5.12
Either party may request oral argument within seven days after the pleadings close.
Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
All time periods are calculated in calendar days unless otherwise specified.
Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.
Page 4 | 203 Deadline for Serving and Filing Motions
C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
Page 8 | 402 Violations of Domestic Violence Order or Interpersonal Protective Orders
The clerk will assign a case number on the next working day.
next working day at which time the clerk will assign a case number.
Page 11
If trial is rescheduled, the Trial Order and all its scheduling requirements continue to apply to the new date.
8. In the event the trial is rescheduled, this Trial Order remains in effect and in all scheduling requirements contained herein shall be applicable to the rescheduled date.
Page 24 | Appendix C — Trial Order
A defendant may file a Motion to Enter a Guilty Plea at any time before trial, and it will be heard on the presiding judge's next available criminal docket.
At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.
Page 5 | 5.7 Settlement of Cases
In emergencies outside normal business hours, the listed law enforcement officers, attorneys, crisis centers, and shelters are authorized to provide and verify domestic violence petitions.
Pursuant to KRS 403.725(4) and KRS 456.030(4), all law enforcement officers, Commonwealth's Attorneys, County Attorneys, regional rape crisis centers, or domestic violence shelters are authorized to provide and verify domestic violence petitions in emergencies arising outside normal business hours of the Circuit Clerk's offices.
Page 7 | 401 Procedures for Filing and Obtaining a Domestic Violence Order or Interpersonal Protective Order
Service and Proof of Service Rules
A copy of a motion to withdraw must be served on the client.
with copy of said motion served upon the client
Page 4 | 4. APPEARANCES BY COUNSEL
Unless the parties agree otherwise, a motion to change bond conditions must provide appropriate notice to the Commonwealth.
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.
Page 5 | 5.9 Continuation of Bond
Unless the Court directs otherwise, requests to docket a case and notices of motions must be electronically served on opposing counsel at least 7 days before the Motion Docket.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
All owners and taxing authorities with a claim or interest in the property must be made parties and served with process.
All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.
Page 12 | 8.1 Motions for Default and/or SummaryJudgment and Order of Sale
Counsel must serve motions for judgment on a defendant's cross-claims at least seven days before the noticed Judgment and Order of Sale motion date.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.
Page 13
A party taking exception to the sale report must serve its exceptions on all parties entitled to notice and the Master Commissioner within the stated ten-day period.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
The Master Commissioner must serve a copy of the sale report on each party entitled to notice no later than three business days after the sale.
No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.
Page 15 | 8.4
When the party elects to pay delinquent taxes directly, it must serve the required affidavit on the Commissioner's Office.
If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
Page 15 | 8.4
Proposed Orders of Distribution must be set for motion hour and served on non-defaulting parties and the Master Commissioner with at least ten days' notice.
All proposed Orders of Distribution" shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.
Page 15 | 8.5 Orders of Distribution
Motions in circuit actions must be served with notice on the other parties or counsel seven calendar days before the county's scheduled Motion Hour, except for good cause shown.
A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be "served" with Notice to the Other Parties and or Counsel seven (7) days prior to each county's scheduled Motion Hour, except for good cause shown. Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.
Page 3 | 203 Deadline for Serving and Filing Motions
The motion must be filed with notice to all necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
Page 5 | C. Hearing Dates
The petitioner must serve the pretrial-date order on the parents and GAL with the Petition and Summons, and serve it on appointed counsel immediately after appointment.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons. A copy of the Order shall be served upon any appointed counsel immediately following appointment.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
The Cabinet for Health and Family Services must be notified before an agreed order is submitted if it is a party or provides benefits to the child.
However, if the Cabinet for Health and Family Services is a party to the action and/or is providing benefits to the child, then the Cabinet shall be notified prior to submission of an agreed order to the Court.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.
If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.
Page 10 | 602 Procedure for Emergency Custody Orders
The clerk must notify the listed recipients of the temporary removal hearing.
C. The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.
Page 12 | 605 Temporary Removal Hearing
The clerk must mail or provide a copy of the petition to the listed recipients no later than the business day after filing.
D. When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.
Page 12 | 603 Petition for Dependency, Neglect or Abuse
The motion requesting a judicial order must be noticed to all parties, including 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 18 | 904 Request for Confidential Video Records
Each party must exchange the pretrial memorandum, witness list, and exhibit list with the other party at least fourteen days before trial.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.
Page 24 | Appendix C — Trial Order
The parties must exchange all documents required by the applicable rules, including final disclosure statements, by the deadlines set in those rules.
7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.
Page 24 | Appendix C — Trial Order
The judge may allow the hearing to proceed despite nonservice on the non-custodial parent if diligent efforts to serve all other parties are established on the record; the petitioner must continue efforts to locate and notify unserved persons after the hearing, and those persons retain their legal defenses.
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 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties. The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.
Page 12 | 604 The Effects of Service on Only One Parent/Person Exercising Custodial Control or Supervision
The Court requests that the Master Commissioner appear and object to an incorrect proposed Order of Distribution or instead serve written notice of the error before Motion Hour.
The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.
Page 15 | 8.5 Orders of Distribution
Filing Fees and Waivers
The plaintiff must forward a $1,000 pre-sale deposit to the Master Commissioner within seven days after entry of the Judgment and Order of Sale.
(b) Within seven (7) days of the entry of the Judgment and Order of Sale, the Plaintiff shall forward to the Master Commissioner a pre-sale deposit to help cover the estimated costs of the sale in the amount of $1,000.00.
Page 13 | 8.2 General Requirements
Appraisal and advertising fees are paid from the sale deposit before other distributions, and the remainder is applied to Commissioner fees and costs and is refundable only if funds remain after all judgments are paid.
(c) Appraisal tees and Advertising fees shall be paid from the sale deposit prior to any other distribution. The remainder of the deposit shall be held and applied to reduce Commissioner Fees and costs, no part of the sale deposit is refundable unless excess tunds are held after all judgments are paid.
Page 13 | 8.2 General Requirements
If the plaintiff cancels or withdraws the sale before the deposit is received, the plaintiff is responsible for all costs and fees of the Master Commissioner.
(d) Should Plaintiff cancel or withdraw the sale before a sale deposit is received, Plaintiff shall be fully responsible for payment of costs and fees of the Master Commissioner.
Page 13 | 8.2 General Requirements
A Judgment and Order of Sale withdrawn, dismissed, or vacated before appraisal is charged a minimum fee of $500 plus any report fees under RAP IV, Sec. 8(2)(c).
(e) Any Judgment and Order of Sale withdrawn, dismissed or vacated before an appraisal is conducted shall be charged the $500.00 minimum fee and any report fees pursuant to RAP IV, Sec. 8(2)(c).
Page 13 | 8.2 General Requirements
Courtesy Copy Requirements
Parties may mail or e-mail materials to the Court before the hearing for informational purposes.
Parties may mail or e-mail to the Court prior to the hearing date for informational purposes
Page 9 | Courtesy Copies
Sealing & Redaction Procedures
Temporary custody orders under KRS 199.473(7) must be sealed and may be inspected only by 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 6 | 307 Temporary Custody with Intent to Adopt
All adoption and termination of parental rights proceedings are confidential.
All Adoption and Termination of Parental Rights proceedings shall be confidential.
Page 6 | 306 Confidentiality
When personal identifiers are required or included in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted, but filings in actions deemed confidential by statute need not be redacted.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-styled 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 in a marked and sealed envelope. The Clerk of Court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record 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 the section, "personal identifier" means Social Security number, taxpayer 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 the 12"h Judicial Family Court Rule 504 and by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Page 18 | 902 Protection of Personal Identifiers
The Clerk’s Office may not release copies of confidential Family Court video records without a specific written order from the Family Court Judge.
The 12'h Judicial Circuit Court Clerk's Office shall not release any copies of 12"h Judicial Family Court confidential video records without a specific written order from the Family Court Judge.
Page 18 | 904 Request for Confidential Video Records
Pre-Motion Conference Requirements
The opposing party has 20 days from service to file a response brief, and the moving party then has seven days to file a reply; further pleadings require leave of Court or agreement of record of all parties.
An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
In County Attorney cases where the Respondent admits paternity in a Response or Affidavit, the parties must participate in a pretrial conference.
A. In all cases involving the County Attorney in which the Respondent either files a Response admitting paternity or signs an Affidavit admitting paternity, the parties shall submit to a pre-trial conference for the purpose of simplifying the issues to be heard by the Court.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
A County Attorney case cannot be scheduled for a hearing on the listed motions until the parties have participated in a pretrial conference and submitted a Stipulation of Facts.
B. No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
All parties must participate in a pretrial conference before submitting the request, and a Stipulation of Facts must be filed.
All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.
Page 9 | 503 Multi-Party Affidavit of Paternity
The rules and procedures in this section do not apply to motions to dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
*These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Adjournment & Extension Requirements
5. This trial will not be continued except for good cause shown in the file or on the record within fourteen (14) days of the trial or unless the case has been settled.
5. This trial will not be continued except for good cause shown in the file or on the record within fourteen (14) days of the trial or unless the case has been settled.
Page 24 | Appendix C — Trial Order
On motion and a showing of good cause, the court may extend the sale deadline by no more than 30 days.
Upon Motion and good cause shown, the court may extend the deadline established by this section for a period not to exceed thirty (30) days.
Page 13 | 8.2 General Requirements
Chambers Communication Rules
If a case settles, the parties must notify the Court and Circuit Clerk before 1:00 p.m. on the second business day before trial; the Court may waive the notice requirement upon notice and good cause, and may refuse a plea agreement if a jury has reported.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the two (2) business days before the case is scheduled for trial if the case is settled. The Court retains discretion to refuse a plea of guilty pursuant to a plea agreement if a jury has reported. Upon notice and for good cause shown, the Court may waive the requirement for two (2) business days notice of jury trial settlement.
Page 5 | 5.7 Settlement of Cases
Counsel for a defendant in state or federal custody must advise the Court, its Judicial Support Specialist, or the Circuit Clerk of the defendant's name and facility location at least five days before the scheduled appearance; late notice may result in rescheduling and is good cause for all purposes.
In order to avoid unnecessary delays, counsel for any defendant held in state or federal custody shall advise the Court, the Court's Judicial Support Specialist, or the Circuit Clerk of name and the location of the facility where the defendant is currently held at least 5 days prior to a defendant's scheduled appearance. The failure of defense counsel to timely advise the Court, the JSS, or the Circuit Clerk of the proper location to direct a transport order may result in the rescheduling of the matter and shall be considered good cause for all purposes.
Page 6 | Transportation of Incarcerated Defendants/Witnesses
If a case is settled, the parties must notify the Court and Circuit Clerk before 1:00 p.m. on the business day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 11 | 6.17 Settlement of Cases
If opposing counsel finds a proposed order or judgment unsatisfactory, counsel must immediately inform the Court of any objections.
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court
Page 12 | 6.18 Entry of Orders and Judgments
If the parties cannot agree on a mediator or mediation service, they must notify the Court.
If the parties cannot agree, they shall notify the Court which will then select a mediator or mediation service.
Civil cases
Page 4 | RULE 5 APPOINTMENT OF MEDIATOR
Immediately after filing, the petitioner must obtain a pretrial date directly from the Court.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
After working hours and on weekends and holidays, the on-call Judge must be contacted for an Emergency Custody Order.
After working hours, and on weekends and holidays, the on-call Judge shall be contacted.
Page 10 | 602 Procedure for Emergency Custody Orders
When settling issues set for hearing or trial, the parties must contact Family Court staff by phone to remand the motion from the Court’s docket.
contact Family Court staff at (502)222-2490 to remand the motion from the Court's docket.
Page 14 | 702 Appearances, Waivers, Disclosures, Pleadings and Agreements
If the agreement resolves all issues set for hearing, the parties must notify Court Staff at (502) 222-2490 that the hearing is remanded from the docket.
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
Page 16 | E. Report to the Court
Attorneys should advise their clients of the inability of the Court to discuss pending matters.
Attorneys should advise their clients of the inability of the Court to discuss pending matters.
Page 16 | 9.4 Ex Parte Communications
With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions.
With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions.
Page 16 | 9.4 Ex Parte Communications
The Circuit Clerk and Deputy Clerks may not give legal advice.
The Circuit Clerk or Deputy Clerks are prohibited by rule from giving legal advice.
Page 4 | 204 Pro Se Motions
After the conference and filing the Stipulation of Facts, parties who agree a hearing is necessary may email the Judge's secretary to obtain a date, but only after filing the appropriate motions.
D. After a pre-trial conference is held and Stipulation of Facts are submitted, if both parties agree that a hearing is necessary, the parties may e-mail the Judge's secretary to obtain a hearing date after filing the appropriate motion(s).
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
During normal business hours, a person seeking an Emergency Custody Order must go to the Circuit Court Clerk's office to request one from a listed judge.
2. During the normal business hours, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office to request an emergency custody order from the Family Court Judge, Circuit Court Judge, or District Court Judge.
Page 10 | 602 Procedure for Emergency Custody Orders
With the parties' advance agreement, either side may approach the Court on the agreed issue, generally for matters such as scheduling or bond modification.
Upon agreement of the parties in advance, and generally on issues such as scheduling or bond modification, either side may approach the Court only upon the agreed issue.
Page 16 | 9.4 Ex Parte Communications
The Circuit Court Clerk’s office is open Monday through Friday from 8 a.m. to 4 p.m. and closed Saturday and Sunday.
Hours Hours Day Hours Monday 8 a.m.-4 p.m. Tuesday 8 a.m.-4 p.m. Wednesday 8 a.m.-4 p.m. Thursday 8 a.m.-4 p.m. Friday 8 a.m.-4 p.m. Saturday Closed Sunday Closed
Page 1 | Hours
Call the office at (502) 845-2868, extension 4, with jury questions.
For jury questions, call the office (502) 845-2868, ext 4.
Page 1 | Office of Circuit Court Clerk
Call or visit the Circuit Court Clerk’s office to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Jurors may call the prerecorded line for updated jury information.
Jury Services: Jurors can call the pre-recorded line 502-845-4692 for updated jury information.
Page 1 | Office of Circuit Court Clerk