Hickman County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleadings
Adjournments
- An attorney unable to attend a motion hearing must immediately try to agree on another hearing time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge as well as file it with the Clerk.
- If no hearing can be scheduled before the original hearing date, the motion is automatically continued until an agreed-upon hearing date or the next motion hour, whichever comes first.
- The Court may sustain a motion for failure to respond, but may extend the response deadline for good cause shown.
Request must include
Document Format Requirements1 rule
Risk Assessment- Use excel file and print.
Document Filing Requirements25 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
The diversion order must include the listed terms and conditions, including restitution, supervision details, duration, and specified defendant obligations.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
The Commonwealth shall make a written recommendation to the Court in response to each application .
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 .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252 (3) .
An Order of Diversion must include the listed restitution, supervision, duration, conduct, testing, and other specified provisions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .
The Commonwealth shall make a written recommendation to the Court in response to each application .
Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree
For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.
Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.
A Report of Settlement Conference identifying all contested and settled issues must be filed with the motion to set a trial date.
Court's wording
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.
Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.
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.
No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.
- Document
- Motion
Must include
- •Proposed order
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.
Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.
A motion going to the merits must include a brief statement of its grounds and citations to supporting authorities.
Court's wording
All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon.
Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court.
All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.
Any pleading that refers to an exhibit as attached to the pleading shall, in fact, be accompanied by such exhibit,
The order or judgment must state if the affected party lacks counsel or that party’s counsel declines to attest it.
Court's wording
If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.
Answers to interrogatories or requests for admission must place the corresponding question or request immediately before each answer.
Court's wording
B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.
A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.
Filing & Service rules
Electronic Filing Rules
During regular business hours, an authorized agency or officer must present a petition through Kentucky eWarrants; if the system is inoperable, the petition must be delivered personally with notice by text to the district judge or, if unavailable, by telephone to the circuit judge.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 2 | Twenty-four Hour Accessibility
During regular business hours, authorized officers must present petitions through Kentucky eWarrants, or by personal delivery if the system is inoperable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 19 | II. Twenty-four Hour Accessibility
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment and no later than 15 days before trial, with the Commonwealth’s agreement.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
When a qualifying case is transferred, the initiating court must reissue the summons if service has not been made by the transfer date, for up to fourteen days or as the court determines necessary for the petitioner's protection; the transfer court reissues it as needed thereafter.
Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the Court of transfer.
Page 1 | Uniform Protocol for Processing Cases
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available, in which case the eWarrants System alerts all District and Circuit Judges for prompt review.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 3 | Twenty-four Hour Accessibility
An eligible person may apply for a pretrial diversion order after indictment, no later than 15 days before trial, and only if the Commonwealth agrees.
After indictment in Circuit Court, and no later than 15 days before trial, any person eligible for the program may apply to the Circuit Court, if the Commonwealth agrees, for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
A domestic motion for a particular Motion Hour must be filed before close of business on the preceding Monday.
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 5 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing (Domestic)
Any response or counter-motion must be filed at least one day before the motion is noticed for hearing.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to the day that the motion is noticed for.
Page 6 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing (Domestic)
Petitioner's attorney or the self-represented petitioner must place adoption or termination matters on the Court's docket in time to comply with applicable limits in KRS 625.042 or FCRPP 36.
Petitioner's attorney, or Petitioner, if pro se, shall be responsible for placing adoption/termination matters on the Court's docket so that the time limits set out in KRS 625.042 or FCRPP 36 shall, if applicable, be complied with.
Page 6 | Rule 3. Adoptions/Termination of Parental Rights
A deposition of a non-party witness intended for use at trial must be taken, transcribed, and filed at least 48 hours before trial.
However, it is the responsibility of the attorney or party desiring to use the deposition of such non-party witness to see that the deposition is taken, transcribed, and filed at least 48 hours in advance of the trial.
Page 7 | Rule 5. Domestic Relations Practice
The separate notice about qualifying minor children must be filed when the marriage dissolution action is filed.
The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.
Page 8 | 503. Families in Transition
The Petitioner must file their certificate of attendance before or when filing documents for a final hearing.
F. The Petitioner must file his or her certificate of attendance prior to, or at the time of, filing documents for a final hearing.
Page 10 | Rule 5. Domestic Relations Practice
The subject children's certificate of attendance must be filed before the hearing.
The certificate of attendance of the subject children shall be filed prior to the hearing.
Page 10 | Rule 5. Domestic Relations Practice
The Respondent must file their certificate of attendance before the final hearing.
The Respondent shall file his or her certificate of attendance prior to the final hearing.
Page 10 | Rule 5. Domestic Relations Practice
Responses and counter-motions must be filed at least one day before rule day.
Responses and counter-motions, if any, shall be filed at least one (1) day prior to rule day.
Page 12 | Rule 7. General Civil; 701. Motion Days - Non-Domestic (Civil) Cases
Motions must be filed with the Clerk before close of business on the Monday preceding the scheduled motion hour, unless a statute, rule, or order provides otherwise.
Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour
Page 12 | Rule 7. General Civil; 701. Motion Days - Non-Domestic (Civil) Cases
The response must be filed by the time specified in the motion hearing notice.
Such response shall be filed at or prior to the time specified in the notice of hearing of the motion.
Page 13
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available, in which case the system alerts all district and circuit judges for prompt review.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner, in which case the eWarrants System will issue a "BLAST" text message and/or email to all District and Circuit Judges in the Commonwealth of Kentucky for prompt review and consideration, who by virtue of the protocol and the eWarrant are authorized to rule on the petition.
Page 20 | II. Twenty-four Hour Accessibility
Service and Proof of Service Rules
The Court may void participation in pretrial diversion after a hearing for which the Commonwealth and defendant have notice.
After a hearing with notice to the Commonwealth and the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress in complying with the Order of Diversion .
Criminal cases
Page 4 | V. Voiding a Diversion Order
In civil contempt proceedings, the movant must serve and notify the non-moving party as required by CR 5 and follow local practice rules for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
Page 4 | Contempt Proceedings
A domestic motion for a particular Motion Hour must be served on the opposing party or counsel by fax or actual service on the day it is filed.
Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 5 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing (Domestic)
Each side must provide the opposing party its intended trial witnesses’ names and addresses and a brief summary of their testimony at least 20 days before trial.
Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than twenty (20) days prior to the scheduled trial date.
Page 7 | Rule 5. Domestic Relations Practice
motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.
Page 12 | Rule 7. General Civil; 701. Motion Days - Non-Domestic (Civil) Cases
When filing a civil complaint, sufficient copies, including the specified attorney and supporting-document materials, must be left with the Clerk for service on each defendant.
Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure
Page 15 | 707. Copy of Complaint to be Filed.
The Court Clerks must immediately mail the plaintiff’s attorney a photocopy of the return of service of summons upon receipt.
A. The Clerks of the Court shall immediately, upon receipt, mail a photocopy of the return to the service of summons in any case to the Plaintiffs attorney.
Page 16 | 709. Return of Summons
When a case is transferred under the local protocol, the emergency protective order continues and the initiating court must reissue the summons for up to fourteen days if service has not been made, or for the period the court deems necessary to protect the petitioner.
Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner.
Page 18 | Uniform Protocol for Processing Cases
The movant must serve and notify the non-moving party as required by CR 5 and follow local practice rules for obtaining a contempt order.
The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.
Page 21 | Domestic Violence Protocol
Service by mail requires three additional days’ notice.
Service, if made by mail, shall require three (3) additional days notice.
Page 6 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing (Domestic)
Filing Fees and Waivers
The movant must pay the $150 Warning Order Attorney fee when requesting a Warning Order Attorney.
IT IS FURTHER THE ORDER OF THIS COURT that the fee of $150.00 shall be paid by the movant at the time of the request for Warning Order Attorney.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
The Clerk must pay the Warning Order Attorney upon filing of the attorney’s report, without a further motion or order.
IT IS FURTHER THE ORDER OF THIS COURT that the Warning Order Attorney fee shall be paid to the Warning Order Attorney by the Clerk upon the Warning Order Attorney filing his/her report and without necessity of further motion or order.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
Effective August 15, 2023, the Warning Order Attorney fee is $150 in each county of the 1st Circuit.
IT IS THE ORDER OF THIS COURT that Warning Order Attorney fees in each of the counties of the 1t Circuit shall be set effective on the 15th day of August, 2023 in the amount of $150.00.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
A Warning Order Attorney may move for an additional fee when warranted and reasonable for the services provided in the particular case.
IT IS FURTHER THE ORDER OF THIS COURT that any Warning Order Attorney may move the Court for an additional fee if the same is warranted by, and reasonable for, the services of the Warning Order Attorney in a particular case.
Page 2 | IN RE: WARNING ORDER ATTORNEY FEES
Courtesy Copy Requirements
with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
Page 13
Sealing & Redaction Procedures
Except as provided in paragraph B, when covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
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- 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 in a marked and sealed envelope.
Page 10 | Rule 6. Miscellaneous Rules Relating to Family Law Practice
Access to the unredacted sealed copy is restricted to the listed authorized people; the available text cuts off before completing the final category.
The clerk of the 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 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
Page 10 | Rule 6. Miscellaneous Rules Relating to Family Law Practice
Pre-Motion Conference Requirements
Before filing a motion to set a trial date in a contested domestic action, the parties must attend an in-person or telephone settlement conference and identify all contested issues.
In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.
Page 6 | Rule 5. Domestic Relations Practice
Adjournment & Extension Requirements
If no hearing can be scheduled before the original hearing date, the motion is automatically continued until an agreed-upon hearing date or the next motion hour, whichever comes first.
If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
Page 12 | Rule 7. General Civil; 702. Continued Motions
An attorney unable to attend a motion hearing must immediately try to agree on another hearing time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge as well as file it with the Clerk.
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, a 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.
Page 12 | Rule 7. General Civil; 702. Continued Motions
The Court may sustain a motion for failure to respond, but may extend the response deadline for good cause shown.
Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
Page 13
Chambers Communication Rules
If a petition must be delivered personally because Kentucky eWarrants is inoperable, the authorized agency or officer must notify the district judge by text message or, if that judge is unavailable, notify the circuit judge by telephone.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 2 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present the petition to District Judge Mark S. Medlin, or to Circuit Judge Timothy A. Langford if the District Judge is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: First Judicial District Judge Mark S. Medlin Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford.
Page 3 | Twenty-four Hour Accessibility
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition via the Kentucky eWarrants System, unless it is not operable, and in that event present by personal delivery upon notice by text message or telephone call, as noted below, to: First Judicial District Judge Mark S. Medlin (notice via text message); Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford (notice via telephone call to his office).
Page 19 | II. Twenty-four Hour Accessibility
After regular business hours, the authorized officer must present the petition to the designated judge, or to the circuit judge if the district judge is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: First Judicial District Judge Mark S. Medlin Or, if the District Judge is not available, to First Judicial Circuit Judge Timothy A. Langford.
Page 20 | II. Twenty-four Hour Accessibility
After an allowed period for record supplementation or briefing expires, or the work is completed, counsel must advise the Court that the matter is ready for decision.
If additional time is allowed in any proceeding for supplementation of the record, or for briefing, counsel shall, when the time has expired, or the supplementation or briefing completed, advise the Court that the matter is ready for a decision.
Page 14 | E
Petitioners seeking contempt proceedings should contact the County Attorney and/or the Circuit Court Clerk in the county where the matter is pending to request placement on the Court's next available docket.
B. Petitioners seeking to initiate contempt proceedings should contact: The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
Page 4 | Contempt Proceedings
The County Attorney or the county Circuit Court Clerk may be contacted to request that contempt proceedings be placed on the next available docket.
The County Attorney and or the Circuit Court Clerk of the County in which the matter is pending to request that contempt proceedings be placed on the Court's next available docket.
Page 21 | Domestic Violence Protocol