Hopkins Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Notice of Motion
- 1 copy
- 1 copy • Chambers Drop Off • When Notice Is Served
Response
- By 2 Pm Cst on Day Response Is Filed
Communication
Phone
Chambers
Document Format Requirements9 rules
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.
- Petition
Formatting
- •Petitions must be made on Form AOC-275.1.
In answering written interrogatories served on a party, each interrogatory shall be restated, followed by the answer.
All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 and 456 shall utilize AOC Form 275.1
- Protective order petition
Formatting
- •Use AOC Form 275.1.
Weapons, chewing gum, cellular telephones, profanity, and the use of tobacco products are prohibited in the courtroom. To ensure safety and civility in the courtroom, additional restrictions may be imposed by the Court or the court bailiffs.
During court proceedings, attorneys, staff, and litigants must dress appropriately and appear suitably and respectfully for the forum.
Court's wording
During court proceedings, all attorneys, staff, and litigants shall dress in an appropriate style and manner. The Court will not dictate fashion, but requires that one's appearance be suitable to the situation, and respectful of the forum.
At a minimum, no one shall wear shorts, tank tops, halter tops, apparel with inappropriate graphics or messages, sexually suggestive clothing, or other attire that is improper for the setting. No one shall wear sunglasses, hats, or gloves unless medically necessary or required for religious purposes; everyone must wear shoes.
All motions must be legible
A. In answering written interrogatories served on a party, each interrogatory shall be restated. followed by the answer.
Attorneys and their assistants should generally choose business attire. Litigants, witnesses, and persons accompanying them to court should also dress in a befitting manner.
Document Filing Requirements58 rules
Each complaint or petition and case data form must disclose related cases and their case numbers and subject matters, or state that none exist.
- Document
- Complaint or petition and case data form
Must include
- •Case number
Court's wording
the filed in Hopkins Family Court shall set forth whether there are existing cases related to The complaint or petition of each action, and the required case data form (FC-3) related action. If there are no other related actions, the petition or complaint and the case the action being filed and shall include the case number and the subject matter of the data form (FC-3) shall so state.
The notice shall specify that the motion may be routinely granted in this manner and shall provide notice that the motion is made pursuant to CR 78 and this local rule.
the motion is be routinely granted without hearing by the Court, upon the expiration of ten (10) calendar days if no response is filed.
Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
All motions must be legible and shall contain a notice of hearing date and time.
The motion must include either a copy of or a reference to the discovery requests in dispute.
The proposed Judgment of Adoption shall be tendered to the Court at the time the notice of hearing on the adoption petition is filed.
Upon obtaining the date and time for the hearing the Petitioner's attorney shall file a Notice of Hearing with the Circuit Clerk, giving notice to all parties in interest, including all Guardians ad Litem, in compliance with the notice requirements of the statute.
A discovery motion must include a counsel certificate documenting the required conference and unsuccessful efforts to resolve the dispute.
Court's wording
No motion pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that s/he has conferred with opposing counsel, that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.
A filed petition must be accompanied by the specified forms and any other documentation required by the applicable civil or family court rules.
Court's wording
The Petition, when filed, shall be accompanied by: * A completed Vital Statistics Form (in dissolution of marriage actions); * A completed Summons as required by statute and Kentucky Civil Rules; * Other documentation as may be required by the Kentucky Rules of Civil * A Case Data Form fully completed with identifiers (AOC-FC-3); and Procedure or the Kentucky Family Court Rules of Procedure and Practice.
child support order (AOC-152) shall be tendered by the movant.
Pursuant to FCRPP 3(4), the parties and their attorneys shall provide all documentation requested by the Staff Attorney and shall be prepared to identify witnesses, documents, and exhibits. (In short, parties and attorneys should arrive as if prepared for trial.)
A FULLY completed uniform child support order with all identifiers (AOC-152) shall be tendered at the time the agreement is filed, even in those cases where enforcement of the support obligation is waived.
and a uniform child support order (if minor children are involved and if an order has not previously been entered).
If the parties wish to waive enforcement of the child support the parties acknowledge the Guideline amount and that, with such knowledge, they Court or to deviate from the Guideline amount and set child support at the amount to voluntarily agree to either waive enforcement of the obligation until further orders of the which they have agreed
and file a notice vacating the hearing date with the Circuit Clerk.
The motion shall be accompanied by a proposed decree, adopting any settlement agreement or order of the Court if applicable
Certificates of completion or enrollment in court-ordered counseling, treatment, education, or monitoring programs shall be filed prior to or with the motion for entry of the decree or order.
Child support obligations shall be computed pursuant to the Kentucky Child Support Guidelines (KRS 403.212) and a completed child support worksheet shall be attached to the agreement.
The litigant ordered to participate in the program shall obtain and tender a certificate or verification of completion or compliance.
Either party may seek a waiver from the Court upon filing of a motion together with an affidavit setting forth the basis for the request.
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
The required notice accompanying a covered motion, exception, or objection must set a hearing date.
Court's wording
All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard.
The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.
An Order continuing the hearing of a motion to a later date shall be prepared, where appropriate, by the movant and filed with the Clerk after execution by the Judge, so that the motion may be docketed for the date to which continued.
Should an attorney wish to be placed or deleted from the roster to serve he or she shall make written request to the Clerk.
- Document
- Roster addition or deletion request
Must include
- •A written request to the Clerk
Once signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
After a ruling, verdict, decree, or judgment, the successful party’s counsel must promptly prepare a conforming separate order, decree, or judgment, obtain the required “have seen” endorsements, note if the opposing party is unrepresented, and present it to the Court.
Court's wording
In all civil cases, whenever any ruling is made or verdict, decree or judgment rendered, an order, decree or judgment in conformity therewith shall be promptly prepared by counsel for the successful party as a separate instrument, shall be endorsed "have seen" by counsel for all parties thereto as being in conformity with the ruling, decree or judgment, and shall be presented to the Court. If the party against whom the order or judgment is endorsed is not represented by counsel, that fact shall be endorsed thereon.
Orders, decrees, judgments, pleadings, and motions must bear the specified heading.
Court's wording
All such orders, decrees and judgments, as well as all pleading and motions, shall bear a heading as follows: COMMONWEALTH OF KENTUCKY HOPKINS CIRCUIT COURT, DIV. 1 MADISONVILLE, KENTUCKY 42431 CIVIL ACTION NO.
At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;
The final-pretrial-conference order will require parties to file trial briefs containing the listed case, issues, facts, damages, evidence, witness, stipulation, legal-authority, and—if applicable—instruction information.
- Document
- Trial brief
Must include
- •Exhibit list
Court's wording
The order scheduling a final pretrial conference will require the parties to file trial briefs containing at least: 1) a succinct statement of the kind of action 2) a clear statement of the issues involved 3) a summary of the factual situation in regard to each claim or defense 4) an itemized list of the claimed special damages 5) a list of all exhibits and charts which may be used at trial 6) a list of names and addresses of all witnesses who may testify and a brief summary of their testimony; a list of all exhibits, documents, charts, etc., intended to be introduced as evidence at trial; and a list of all stipulations attorneys believe can be agreed upon prior to trial 7) a statement of the principles of law involved in the case, supported by the citation of the appropriate authority and 8) requests for instructions subject to right of counsel to supplement such as may be required during trial, in the event the case is to be tried by a jury.
Pleadings, motions, orders and other papers subsequently filed in the case shall contain in the caption the case number and the criminal or civil division in which they are filed.
- Document
- Subsequently filed paper
- Placement
- Caption
Must include
- •Case number
All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 and 456 shall utilize AOC Form 275.1 and shall be accepted and filed with the court.
If reassignment or transfer occurs, when necessary, the issuing judge shall re-issue a summons with the reassigned court date of the receiving judge
C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250 (2) .
B . 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 ofthe 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).
The diversion order must address restitution, supervision and any applicable fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.
Court's wording
The Order of Diversion shall include : 1 . Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030 (1) {conditions of probation-restitution}, direct the defendant not to commit any offense during the period of the 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 .
If revocation is ordered, a full PSI must be ordered
When served, motions other than those included in an Answer, and exceptions or objections to a commissioner’s report or opinion, must include notice of a specific hearing date; without it, the filing may be treated as if no motion was filed.
Court's wording
All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard. Any such motion or exception or objection not accompanied by a notice of the date for the hearing of said motion may be treated as if no motion had been filed.
The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.
Where appropriate, the movant must prepare an order continuing the motion hearing and file it with the Clerk after the Judge executes it.
Court's wording
An Order continuing the hearing of a motion to a later date shall be prepared. where appropriate, by the movant and filed with the Clerk after execution by the Judge, so that the motion may be docketed for the date to which continued.
Orders, decrees, judgments, pleadings, and motions must bear the specified court heading.
Court's wording
B. All such orders, decrees and judgments, as well as all pleading and motions, shall bear a heading as follows: COMMONWEALTH OF KENTUCKY HOPKINS CIRCUIT COURT, DIV. 1 MADISONVILLE, KENTUCKY 42431 CIVIL ACTION NO.
C. Once signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
In civil cases, the conforming order, decree, or judgment must be promptly prepared as a separate instrument by counsel for the successful party, endorsed as stated, and presented to the Court; an unrepresented opposing party must be identified as such.
Court's wording
A. In all civil cases, whenever any ruling is made or verdict, decree or judgment rendered, an order, decree or judgment in conformity therewith shall be promptly "have seen" by counsel for all parties thereto as being in conformity with the ruling. prepared by counsel for the successful party as a separate instrument, shall be endorsed decree or judgment, and shall be presented to the Court. If the party against whom the order or judgment is endorsed is not represented by counsel, that fact shall be endorsed
At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;
The order scheduling a final pretrial conference will require the parties to file trial briefs containing at least: 1) a succinct statement of the kind of action 2) a clear statement of the issues involved 3) a summary of the factual situation in regard to each claim or defense 4) an itemized list of the claimed special damages 5) a list of all exhibits and charts which may be used at trial 6) a list of names and addresses of all witnesses who may testify and a brief summary of their testimony; a list of all exhibits, documents, charts, etc., intended to be introduced as evidence at trial; and a list of all stipulations attorneys believe can be agreed upon prior to trial 7) a statement of the principles of law involved in the case, supported by the citation of the appropriate authority and 8) requests for instructions subject to right of counsel to supplement such as may be required during trial, in the event the case is to be tried by a jury.
- Document
- Trial brief
Must include
- •Exhibit list
Pleadings, motions, orders and other papers subsequently filed in the case shall contain in the caption the case number and the criminal or civil division in which they are filed.
- Document
- Pleading motion order or other paper
- Placement
- Caption
Must include
- •Case number
The parties and their attorneys are expected to arrive prepared to discuss the issues and with an attitude toward resolution of such issues if possible. Parties and their attorneys shall bring documentation necessary to establish values, incomes, and expenses.
After a hearing, parties may request leave to submit additional proof or memoranda; if granted, they must file a joint motion to submit the action for determination after supplementation.
Court's wording
Following a hearing, the parties may request that the Court "leave the record open" for submission of additional proof or for filing of memoranda. If the motion is granted, at the conclusion of the supplementation the parties shall file a joint motion to submit the action to the Court for determination of the issues and shall provide a
Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).
Documentation showing the case number shall be attached to the record of the case.
AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, will be used where appropriate .
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony, shall be used where applicable .
The notice may take substantially the following form:
The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired.
These rules apply to the practice of law in the Hopkins Circuit Court and shall be cited as "RHCC" or "Rules of the Hopkins Circuit Court."
The Order of diversion may include : 1 . That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3 . That the petitioner possess no firearm or any other deadly weapon.
Filing & Service rules
Electronic Filing Rules
Docketing by telephone, fax, or email is prohibited unless the Court permits it, and motions must be legible.
No motion or other matter may be placed on the Court's docket by telephone, All motions must be legible and shall contain a notice of hearing date and time. facsimile transmission, or electronic mail except as may be permitted by the Court.
Page 5 | Rule 2.02: Filing and Scheduling Motions
Designated court staff and law enforcement officers are authorized to complete the electronic filing process for protective order petitions during the stated hours.
A. The following agents and officers are authorized to accept protective order petitions, administer oaths to the petitioner, and complete the electronic filing process. 1. During regular business hours of the judicial center: Hopkins Circuit Court Clerk and Deputies, 120 East Center Street, Madisonville, KY 42431. 2. During hours outside the business hours of the judicial center (nights, weekends, court holidays or other closures): Any local city or county law enforcement officer in Hopkins County, Kentucky; All Kentucky State Police Officers officially on duty.
Page 3 | Twenty-Four Hour Accessibility
Filing Timing and Cure Windows
Late motions and notices may not be placed on the docket without leave of Court.
Motions and notices not filed by this deadline shall not be placed on the court's docket without first obtaining leave of the Court.
Page 5 | Rule 2.02: Filing and Scheduling Motions
Motions and notices must meet the stated deadline of at least seven calendar days before the scheduled hearing.
least seven (7) calendar days prior to the date the action is scheduled to be heard.
Page 5 | Rule 2.02: Filing and Scheduling Motions
The final disclosure statement must be filed in the court record no later than 10 days before the hearing.
Pursuant to Kentucky FCRPP 3(3)(b), the final disclosure statement shall be filed of record in the court file no later than 10 days prior to the hearing on the matter
Page 8 | Rule 7.04: Case Management Conferences.
Written motions other than those that may be heard ex parte, together with notice of hearing, must be served and filed with the appropriate Clerk before 4:00 P.M. on the Wednesday preceding the noticed Motion Day.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.
Page 3 | RULE 2. MOTION PRACTICE — Motions and Motion Docket, 1. Filing Deadline
A motion or action generally may not be heard on Motion Day unless the motion was filed with the Clerk before 4:00 P.M. on the preceding Wednesday; the Court may permit an exception.
However, no motion or action shall be heard on Motion day unless the motion is filed with the Clerk before 4:00 P.M. on Wednesday preceding the Motion Day designated on the notice, except by leave of Court.
Page 3 | RULE 2. MOTION PRACTICE — Motions and Motion Docket, 2. Motion Docket
Completed petitions must be submitted to the judge without delay.
All petitions that are completed shall be submitted to the judge without delay.
Page 2 | Uniform Protocol for Handling Cases
The court must review a protective-order petition immediately after it is filed.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
When reassignment or transfer occurs, the issuing judge must ensure all statutory time limits are maintained.
If reassignment or transfer occurs, when necessary, the issuing judge shall re-issue a summons with the reassigned court date of the receiving judge and shall ensure that all statutory time limits are maintained.
Page 2 | Uniform Protocol for Handling Cases
Eligible persons may apply for a pretrial diversion order after indictment, no later than 10 days after arraignment.
A. After indictment in Circuit Court, and no later than ten (10) days after arraignment, 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 | Procedure
Written motions other than those that may be heard ex parte, along with their hearing notices, must be served and filed with the appropriate division clerk before 4:00 P.M. on the Wednesday preceding the designated Motion Day.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.
Page 6 | Rule 2(C)(1), Filing Deadline
A motion or action will not be heard on Motion Day unless the motion is filed by 4:00 P.M. on the preceding Wednesday, unless the Court grants leave.
However, no motion or action shall be heard on Motion day unless the motion is filed with the Clerk before 4:00 P.M. on Wednesday preceding the Motion Day designated on the notice, except by leave of Court.
Page 6 | Rule 2(C)(2), Motion Docket
A party choosing to submit a written response should file it by noon CST on the day before the scheduled hearing.
should a party wish to tender a written response, that response should be filed no later than Noon, CST the day prior to the scheduled hearing date.
Page 5 | Rule 2.03: Responses to Motions
A motion noticed for routine decision may be granted without a hearing after ten calendar days from filing if no response is filed.
the motion is be routinely granted without hearing by the Court, upon the expiration of ten (10) calendar days if no response is filed.
Page 5 | Rule 2.05: Motions Routinely Granted
Service and Proof of Service Rules
A photocopy of the motion or the opposing party (by hand-delivery, electronic mail, or facsimile transmission), with and any accompanying information shall be placed in the possession of opposing counsel a courtesy copy to the judge, by 2 p.m., CST on the day the response is filed.
A photocopy of the motion or the opposing party (by hand-delivery, electronic mail, or facsimile transmission), with and any accompanying information shall be placed in the possession of opposing counsel a courtesy copy to the judge, by 2 p.m., CST on the day the response is filed.
Page 5 | Rule 2.03: Responses to Motions
The hearing notice must be given to all parties in interest, including all Guardians ad Litem, in accordance with statutory notice requirements.
Upon obtaining the date and time for the hearing the Petitioner's attorney shall file a Notice of Hearing with the Circuit Clerk, giving notice to all parties in interest, including all Guardians ad Litem, in compliance with the notice requirements of the statute.
Page 6 | Rule 3: Adoption and Termination of Parental Rights Actions
The GAL and CASA agency must receive copies of all pleadings and notices.
The GAL and the CASA agency shall receive copies of all pleadings and notices.
Page 7 | Rule 6: Dependency, Neglect, and Abuse Actions.
Final Verified Disclosure Statements must be exchanged, with a copy to the Staff Attorney, at least seven calendar days before the conference.
The Final Verified Disclosure Statements (AOC-239) shall be exchanged with a copy provided to the staff attorney at least seven (7) calendar days prior to the date scheduled for the conference.
Page 8 | Rule 7.04: Case Management Conferences.
The Staff Attorney must give attorneys and pro se litigants notice before conducting a case management conference.
The Staff Attorney shall conduct the conferences after notice to attorneys and pro se litigants.
Page 8 | Rule 7.04: Case Management Conferences.
the motion. pursuant to Amanda's Law, and to any person who presents himself or herself to file a domestic violence The Circuit Clerk's Office shall distribute a copy of this Notice and Order to the County Attorney, petition.
the motion. pursuant to Amanda's Law, and to any person who presents himself or herself to file a domestic violence The Circuit Clerk's Office shall distribute a copy of this Notice and Order to the County Attorney, petition.
Page 17 | Notice of Rights and Order in DOMESTIC VIOLENCE ACTIONS
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.
Page 3 | RULE 2. MOTION PRACTICE — Motions and Motion Docket, 1. Filing Deadline
When served on the adverse party, motions other than those included in an Answer, and exceptions or objections to a commissioner’s report or opinion, must be accompanied by a notice setting a hearing date.
All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard.
Page 4 | RULE 2. MOTION PRACTICE — Motions and Motion Docket, 3. Notice of Motions
In jury cases, counsel must deliver proposed jury instructions to opposing counsel at the pretrial conference.
At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;
Page 6 | RULE 7. PRE-TRIAL PRACTICE — Civil Cases
Written motions other than those that may be heard ex parte, and their hearing notices, must be served by the stated Wednesday deadline.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.
Page 6 | Rule 2(C)(1), Filing Deadline
In jury cases, proposed jury instructions must be delivered to opposing counsel at the pretrial conference.
At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;
Page 9 | Rule 7.A.2
Motions and notices may be sent to opposing counsel by email or fax if advance telephone notice is given and opposing counsel agrees beforehand.
Motions and notices may be delivered to opposing counsel by electronic mail and by facsimile transmission, if telephonic notice is given prior to transmitting the documents and if opposing counsel agrees prior to doing so.
Page 5 | Rule 2.04: Service of Motions and Responses Thereto
Counsel may waive service of an order or judgment and notice of entry in writing.
Counsel may waive in writing service of any order or judgment and notice of entry.
Page 5 | RULE 3. FORM AND ENTRY OF ORDERS AND JUDGMENTS
Counsel is encouraged, but not required, to provide the Clerk sufficient copies and properly addressed stamped envelopes to facilitate service of an order or judgment when required by CR 77.04.
It is suggested that to facilitate matters, counsel preparing the order or judgment may want also to deliver to the Clerk a sufficient number of copies thereof, together with properly addressed stamped envelopes, to assist the Clerk to complete service thereof when required by CR 77.04.
Page 5 | RULE 3. FORM AND ENTRY OF ORDERS AND JUDGMENTS
Counsel may waive in writing service of any order or judgment and notice of entry.
Counsel may waive in writing service of any order or judgment and notice of entry.
Page 8 | Rule 3. Form and Entry of Orders and Judgments
Counsel preparing an order or judgment is encouraged, but not required, to provide the Clerk with sufficient copies and addressed, stamped envelopes to facilitate service when required by CR 77.04.
It is suggested that to facilitate matters, counsel preparing the order or judgment may want also to deliver to the Clerk a sufficient number of copies thereof, together with properly addressed stamped envelopes, to assist the Clerk to complete service thereof when required by CR 77.04.
Page 8 | Rule 3. Form and Entry of Orders and Judgments
Photocopies of motions and notices must be mailed or hand-delivered to opposing parties or counsel, with a judge's-office courtesy copy, on the filing date.
Photocopies of motions and/or notices shall be mailed or hand-delivered to opposing parties or counsel, with a courtesy copy to the judge's office, on the same date the motion or notice is filed.
Page 5 | Rule 2.04: Service of Motions and Responses Thereto
Filing Fees and Waivers
Required filing fees must accompany petitions and applicable motions unless the Court permits in forma pauperis proceedings; the final allocation of costs and fees is determined at disposition absent agreement.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are Kentucky Revised Statutes) shall accompany the filing of the petition and applicable determination allows the petition or motion to progress, but is not a final allocation of motions. When a litigant is granted leave to proceed in forma pauperis, such the final disposition of the matter.
Page 7 | Rule 7.01: Filing Fees.
Courtesy Copy Requirements
with a courtesy copy to the judge, by 2 p.m., CST on the day the response is filed.
with a courtesy copy to the judge, by 2 p.m., CST on the day the response is filed.
Page 5 | Rule 2.03: Responses to Motions
When serving notice of a motion on the adverse party, furnish a copy of the notice and motion to the Judge’s office in Madisonville; the Court may delay the hearing until the next Motion Day if the copy is not furnished.
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/her office at Madisonville, Kentucky, and failure to so 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 4 | RULE 2. MOTION PRACTICE — Motions and Motion Docket, 2. Motion Docket
When serving the adverse party with notice of a motion, furnish the Judge with a copy of the notice and motion as well.
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
Page 6 | Rule 2(C)(2), Motion Docket
A referenced copy must be furnished at the judge’s Madisonville office; the Court may delay the motion hearing until the next motion day if it is not furnished.
at his/her office at Madisonville. Kentucky, and failure to so 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 7 | Rule 2. Motion Practice — Civil Motions
Sealing & Redaction Procedures
Dependency, neglect, and abuse court files are confidential and may be accessed only in compliance with AOC policy and statutory law.
Court files for dependency, neglect, or abuse actions are confidential and shall not be accessed except in compliance with AOC policy and statutory law.
Page 7 | Rule 6: Dependency, Neglect, and Abuse Actions.
Juvenile status-offense and public-offense court files are confidential and may be accessed only in compliance with AOC policy and statutory law.
Court files for juveniles prosecuted for status or public offenses are confidential and shall not be accessed except in compliance with AOC policy and statutory law.
Page 10 | Rule 8: Status Offenses
When identifiers are not required by statute, parties must use placeholders and disclose only the specified portions of birth dates, Social Security numbers, and account information.
Where not required by statute, identification as is reasonably necessary shall be a. Date of birth: The month and year shall be identified. The day of the month b. Social security number: The last four digits shall be identified. The initial shall be satisfied by a place-holder (e.g. 12/xx/2009). Financial and account information: Only the type of the account, the name of five digits shall be concealed by place-holders (e.g. xxx-xx-1234). identify this information (e.g., Checking account, Name of Bank, *1234; or the financial institution and the last four digits of the account shall be used to Credit Card, Name of Store or Business, *1234).
Page 11 | Rule 9.04: Personal Identifiers.
For filings containing personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access to the unredacted copy restricted to authorized persons.
Where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one Where personal identifiers are required by statute or contained in other documents marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy from which any personal data has been redacted and filing an unredacted copy in a copy of the pleading, document, or exhibit containing personal identifiers to be accessed 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 "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number.
Page 11 | Rule 9.04: Personal Identifiers.
Pre-Motion Conference Requirements
The parties and their attorneys must make a good-faith effort to resolve discovery disputes by agreement.
a good faith effort to resolve, by agreement among them, any disputes that arise A. Motions to Comply or Compel. The parties and their attorneys have a duty in the course of discovery.
Page 6 | Rule 2.06: Motions Relating to Discovery
A discovery motion may not be filed or heard without an appended or included counsel certificate confirming consultation, unresolved differences, and exhaustion of extrajudicial efforts.
No motion pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that s/he has conferred with opposing counsel, that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.
Page 6 | Rule 2.06: Motions Relating to Discovery
A movant may elect the CR 78(2) procedure, under which the Court may routinely grant the motion ten days after filing absent an objection or response; an opposing party may request an oral hearing in its response and must then have the motion set on the motion docket.
A movant at his or her option may bring his/her motion under the provisions of CR 78(2) which, it will be recalled, makes provisions for determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).
Page 7 | Rule 2. Motion Practice — Civil Motions, 4. Motions Under CR 78 (2)
A movant may elect the CR 78(2) procedure for decision without an oral hearing; the motion may be routinely granted ten days after filing absent an objection or response, and an opposing party seeking an oral hearing must say so in the response and set the motion on the motion docket.
A movant at his or her option may bring his/her motion under the provisions of CR 78(2) which, it will be recalled, makes provisions for determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).
Page 4 | RULE 2. MOTION PRACTICE — Motions Under CR 78 (2)
Adjournment & Extension Requirements
If the parties or attorneys determine they cannot competently participate in the conference, they must cancel and reschedule it as soon as possible.
If, in organizing the case for the conference, the parties or attorneys determine that it will not be possible to competently participate in the conference, they shall cancel and reschedule the conference as soon as possible.
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If court is canceled on Motion Day because of inclement weather, scheduled motions are re-docketed for the following Motion Day without re-notice, unless the Court orders otherwise.
If court is cancelled on Motion Day due to inclement weather, all motions scheduled for that Motion Day shall be re-docketed for the following Motion Day without the necessity of re-noticing the motions, unless otherwise ordered by the Court.
Page 3 | RULE 2. MOTION PRACTICE — Designation of Motion Days
Chambers Communication Rules
Petitioner's counsel should contact the Court to schedule the final hearing only after all procedural requirements, including any necessary home investigation, are complete.
the final hearing only after all procedural requirements have been met, including The attorney for the Petitioner should contact the Court for a specific date and the home investigation where necessary.
Page 6 | Rule 3: Adoption and Termination of Parental Rights Actions
If the parties resolve contested issues before the case management conference, they must promptly notify the Staff Attorney.
they shall promptly notity the Staff Attorney so that other cases may be
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Petitioners seeking to initiate contempt proceedings should contact: Alleged violation of domestic violence orders to Family Court. Alleged violation of interpersonal protective orders to District Court.
Petitioners seeking to initiate contempt proceedings should contact: Alleged violation of domestic violence orders to Family Court. Alleged violation of interpersonal protective orders to District Court.
Page 16 | IV. Contempt Proceedings
Should an attorney wish to be placed or deleted from the roster to serve he or she shall make written request to the Clerk.
Should an attorney wish to be placed or deleted from the roster to serve he or she shall make written request to the Clerk.
Page 8 | Rule 4. Guardians Ad Litem and Warning Order Attorneys
A court calendar may be obtained by contacting the Family Court Judge's offices during normal business hours.
A calendar may be obtained during normal business hours by contacting the offices of the Family Court Judge.
Page 4 | Rule 2.01: Court Calendar
Hearing dates and times may be obtained by telephone or email from the Family Court Judge's office.
Dates and times may be obtained by telephone or electronic mail from the Family Court Judge's office.
Page 6 | Rule 3: Adoption and Termination of Parental Rights Actions
Emergency custody orders may be obtained outside normal business hours by contacting the Family Court Judge or On-Call Judge directly.
However, emergency custody orders may be obtained outside of normal business hours by contacting the Family Court Judge or the On-Call Judge directly.
Page 7 | Rule 6: Dependency, Neglect, and Abuse Actions.
After discovery is complete and FCRPP 2(6) is satisfied, either party's attorney may contact the Staff Attorney to schedule a case management conference; the Staff Attorney provides available times and schedules it by mutual agreement.
At any time after discovery is complete and in compliance with FCRPP 2(6), the attorney for either party may contact the Family Court Staff Attorney to schedule a case management conference. The Staff Attorney shall provide available dates and times and schedule the conference at a mutually agreeable time; an Order shall be entered accordingly.
Page 8 | Rule 7.04: Case Management Conferences.
After the case management conference, a party may move for a hearing date on unresolved issues, and attorneys may instead submit a joint hearing-date request to the Court by email.
After completion of the case management conference, either party, or both jointly, may move the Court for a hearing date to address any unresolved issues. This motion shall be set on the Court's motion hour docket pursuant to the motion practice adopted herein, or attorneys may submit a joint request directly to the Court by electronic mail.
Page 9 | Rule 7.06: Final Evidentiary Hearings for Unresolved Issues
Petitioners seeking to initiate contempt proceedings should contact the Hopkins Circuit Clerk.
Petitioners seeking to initiate contempt proceedings should contact the Hopkins Circuit Clerk.
Page 4 | IV. Contempt Proceedings
If the parties resolve the pending issues before the hearing date, they must promptly notify the Court.
Should the parties resolve the issues pending before the Court prior to the hearing date, they shall promptly notify the Court
Page 9 | Rule 7.06: Final Evidentiary Hearings for Unresolved Issues