Jefferson Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Communication
Phone
Duty Judge
Page & Word Limits1 rule
Opening memoranda for motions to dismiss, judgment on the pleadings, or summary judgment are limited to 25 pages, and replies are limited to 5 pages.
Motions to dismiss, for judgment on the pleadings, and for summaryjudgment shall not be noticed for motion hour but shall be filed with a memorandum of authority not exceeding twenty-five (25) pages in length, in type no smaller than 12-point. An opposing party shall have twenty (20) days from the certification date on the motion to respond. A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.
Memorandum Of Authority
25 pages
Reply Brief
5 pages
Document Format Requirements5 rules
A reply must use type no smaller than 12-point.
A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.
The opening memorandum must use type no smaller than 12-point.
Motions to dismiss, for judgment on the pleadings, and for summaryjudgment shall not be noticed for motion hour but shall be filed with a memorandum of authority not exceeding twenty-five (25) pages in length, in type no smaller than 12-point.
A qualified person must operate the recorder, and the videographer must identify the action and witness on the recording and file a certificate identifying it.
At the deposition, the videotape recorder shall be operated by a person qualified to operate it. The videographer shall mark the recording with the style and number ofthe action and the name of the witness and shall file a certificate which identifies the recording.
The camera generally must remain stationary and may zoom only when necessary to fairly display exhibits or demonstrative proof, never to exert unfair influence on a witness.
The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness excepting those times when the witness is displaying, for the jury's viewing, exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen by "zooming" in. The-camera will not "zoom" in on a witness solely to give unfair or undue influence to the witness' words.
A stenographic transcript is unnecessary in addition to the recording, but any party may obtain one at that party's cost.
A stenographic transcript, in addition to the recording, will not be necessary. Any party may obtain a transcript at the party's cost.
Document Filing Requirements29 rules
The party requesting a judicial sale must file a statement of the amount to be raised.
The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.
Document Type
Statement Of Amount To Be Raised
A new statement of the amount to be raised must be filed if the sale is rescheduled.
A new statement shall be filed if a sale is rescheduled.
Document Type
Statement Of Amount To Be Raised
An appraisal must be written, signed by its preparers, and filed in the court record before the sale.
D. The appraisal shall be in writing, signed by the persons making it and filed in the court record prior to the sale.
Document Type
Appraisal
The demand informing a defendant of the right to a hearing must include the specified written-hearing request statement.
The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement:
Document Type
Demand Notice
A defendant requesting a hearing must notify the Master Commissioner in writing within seven days and send a copy to plaintiff's counsel.
If you want a hearing, you must notify the Master Commissioner in writing) within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.
Document Type
Demand Notice
Counsel must file Form AOC-280 when the case is ready for final adjudication.
Counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication, when the case is ready for submission.
Document Type
Motion
A default-judgment motion involving a liquidated claim must include the Default Judgment Certificate and, when required by the Soldier and Sailor Relief Act, a Military Affidavit.
All Motions for Default Judgment involving a liquidated claim shall be accompanied by the following Default Judgment Certificate, in addition to Military Affidavit, if a Military Affidavit is required by the Soldier and Sailor Relief Act, 50 U.S .C. App. 521 :
Document Type
Default Judgment Motion
The discovery motion and supporting memorandum must be accompanied by a copy of the disputed discovery requests.
The motion and memorandum shall also be accompanied by a copy ofthe discovery requests in dispute
Document Type
Discovery Motion
A discovery motion must include counsel's certification of the conferral, failure to reconcile, and exhaustion of extrajudicial means.
No motions pertaining to discovery shall be made to the Court without a certificate of counsel that she has conferred with opposing counsel, that they are unable to reconcile their differences and that she has otherwise exhausted all extrajudicial means in an effort to reconcile her differences with opposing counsel
Document Type
Discovery Motion
When entitlement to an attorney fee relies on a writing, the motion must attach a copy with the applicable portion highlighted.
When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted
Document Type
Attorney Fees Motion
A liquidated-damages claim must include sufficient written documentation establishing the accuracy of the amount claimed.
A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.
Document Type
Default Judgment Motion
When KRS 411.195 applies, the attorney-fee affidavit must show that the required fee was actually paid or agreed to be paid by the party enforcing the written obligation.
If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the required attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.
Document Type
Attorney Fees Motion
An attorney-fee motion must include a detailed counsel affidavit specifying service dates, services, persons performing them, hours, total hours, proposed hourly compensation, and supporting legal authority.
All motions for attorney's fees shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the persons rendering the service (ifparalegal or other counsel ofrecord), and the number of hours (or fractions thereof) rendered by each person . The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth. The affidavit must also disclose the statute or other authority supporting the requested award of an attorney's fee.
Document Type
Attorney Fees Motion
The appraiser must post a written or printed sale notice on or near the real estate being sold.
The appraiser shall post a written or printed notice of sale upon or near the real estate to be sold.
Document Type
Notice Of Sale
Every motion to withdraw money from the receiver must include the movant’s attorney certification about priority to the proceeds and whether the funds are subject to attachment or garnishment.
In every motion to withdraw money from the Receiver, the attorney for the movant shall certify : A. That according to the terms of the movant's judgment, no other party has priority to the proceeds, and, B. Whether or not the funds are subject to any attachment or garnishment served upon the Receiver.
Document Type
Motion To Withdraw Money From Receiver
Orders paying money into court or withholding money must be filed and signed by the judge.
All orders paying money into Court or withholding money shall be filed and signed by the Judge.
Document Type
Order Paying Money Into Court Or Withholding Money
A receiver withdrawal order must specify the amount to withdraw, the payee, and the receiver’s fee amount.
The withdrawal order shall specify the amount to withdraw and the payee, and the amount ofthe Receiver's fee.
Document Type
Receiver Withdrawal Order
Counsel must file Form AOC-280 when the last counter-statement is filed or the briefing period expires, after which the case stands submitted.
B. Upon the filing ofthe last counter-statement or upon the expiration of the briefing period, counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication . Then the case shall stand submitted.
Document Type
Notice Of Submission For Final Adjudication
With a statement of appeal, the appellant must tender an available audio or video recording of relevant district court proceedings.
A. With a statement of appeal, the appellant shall tender, if available, an audio or video taped copy of any district court proceedings relevant to the appeal.
Document Type
Statement Of Appeal
When oral argument has been requested, counsel must move for a hearing date and, after oral argument, file the AOC-280 notice of submission before the case stands submitted.
C. If a request for oral arguments has been made pursuant to CR 72 .10(B) or 72.12(b), counsel shall, in lieu ofnotice, move for a hearing date at the Court's regular motion hour. After oral arguments, counsel shall file an AOC-280 Form, Notice of Submission of Cases for Final Adjudication. Then the case will stand submitted.
Document Type
Notice Of Submission For Final Adjudication
Every pleading or document filed by counsel or a pro se party must include the case number and the signing individual's typed or printed name, address, and telephone number; a rubber stamp is not a signature.
1406 Identification Required . Every pleading and document filed in the record by counsel or a pro se party shall contain the case number, and a typed or printed name, address and telephone number of the individual signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11 .
Document Type
Pleading And Document
A draft proposed judgment or order must be filed with the motion requesting its entry.
1405 Proposed Order Required. A draft ofthe proposed judgment or order shall be filed along with a motion for its entry.
Document Type
Motion
Interrogatories, requests for production or inspection, requests for admission, and medical records may not be filed unless attached to a motion or accompanied by the prescribed certificate.
None of the following pleadings, papers, or portions thereof, shall be filed with the clerk unless attached to a motion or containing the certificate set forth below: A. Interrogatories propounded under CR 33: B. Requests for Production or Inspection made under CR 34: C. Requests for Admission under CR 36 . D. Medical Records .
Document Type
Interrogatories Requests For Production Or Inspection Requests For Admission Or Medical Records
The CR 5.06 certificate must state that the signer is familiar with Kentucky Rule of Civil Procedure 5.06 and that the pleading is filed in conformity with the rule.
I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5 .06 and this pleading is filed in conformity with this Rule.
Document Type
Certificate
Objections to a Master Commissioner's Report must include particulars and, when appropriate, a memorandum of authorities.
C. Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate.
Document Type
Objections To Master Commissioner Report
Unless JRP 506 applies, objections must be filed directly with the Court, may receive a response within five days, and are submitted upon filing Form AOC 280, with a hearing available at counsel's request before submission.
B. Except as provided in JRP 506, objections to a Master Commissioner's Report shall not be noticed for motion hour and shall be filed directly with the Court. A response to the objections may be filed within five (5) days of the filing of the objections. The objections will then stand submitted upon the filing of Form AOC 280. Prior to submission counsel may request a hearing.
Document Type
Objections To Master Commissioner Report
A party may not again undergo discovery for six months after appearing and being examined unless counsel files an affidavit showing changed circumstances warranting additional discovery.
B. No party shall be subject to additional discovery proceedings for six (6) months following their appearance and examination unless an affidavit is filed by counsel showing a change of circumstances warranting this.
Document Type
Affidavit Supporting Additional Discovery
A discovery motion must be accompanied by a supporting memorandum citing any applicable legal authority.
The motion shall be accompanied by a supporting memorandum with citation to legal authority, if any.
Document Type
Supporting Memorandum
The Circuit Court Clerk must annually provide the Circuit Term with a report of appointments made.
E. The Circuit Court Clerk shall annually provide to the Circuit Term a report of the appointments made.
Document Type
Annual Appointments Report
Filing & Service rules
Filing Timing and Cure Windows
After obtaining a discovery date and time by telephone, the judgment creditor must file the Notice of Bill of Discovery by the close of the second business day, deliver a file-stamped copy and the required fee to the Master Commissioner, and send the notice to the judgment debtor or party's last known address directing appearance at discovery; noncompliance causes remand from the post-judgment discovery docket.
A. Bills of Discovery shall automatically be referred to the Master Commissioner. Bills of Discovery shall be conducted in the Office of the Master Commissioner on Friday mornings. The judgment creditor shall telephonically contact the Office of the Master Commissioner to request and obtain a date and time at which the discovery will be undertaken, and, by the close of the second business day thereafter, the judgment creditor shall file its Notice of Bill of Discovery with the Office of the Circuit Court Clerk, and deliver to the Office of the Master Commissioner a file stamped copy of the aforesaid notice, together with payment to the Master Commissioner of the fee assessed under JRP 508 (G). Failure of the judgment creditor to timely comply with these requirements shall result in the Bill of Discovery being remanded from the post-judgment discovery docket. The notice shall be sent to the last known address of the judgment debtor or party and shall direct the judgment debtor or party to appear before the Master Commissioner at the designated date and time for the purposes of discovery and examination.
Page 6 | 510 Bills of Discovery
The Warning Order or Military Attorney must file the report within 50 days after appointment or within any period provided by the Civil Rules, and failure may result in sanctions regardless of payment.
C. The Warning Order or Military Attorney will file their report within fifty (50) days from the appointment, or such time as the Civil Rules may provide. Failure to do so may be ground for sanctions by the Court, whether the Warning Order or Military Attorney has been paid or not.
Page 9 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
All civil and criminal motions scheduled for motion hour must be filed and clocked no later than noon on the preceding Thursday.
All motions, civil and criminal, to be heard at motion hours shall be filed and clocked no later than noon on the preceding Thursday
Page 22 | 304 Deadline for Serving and Filing Motions.
A reply must be filed no later than 10 days after the response is filed.
A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.
Page 23 | 401 Motions to Dismiss; Judgment on the Pleadings, and Summary Judgments
An opposing party has 20 days from the motion's certification date to respond.
An opposing party shall have twenty (20) days from the certification date on the motion to respond.
Page 23 | 401 Motions to Dismiss; Judgment on the Pleadings, and Summary Judgments
A new amount-to-be-raised statement must be filed whenever the sale is rescheduled.
A new statement shall be filed if a sale is rescheduled.
Page 26 | 502 D. Amount To Be Raised
After a pay-off request is made, the party requesting the judicial sale must file a pay-off statement within ten working days.
The party requesting the sale shall file the pay off statement within ten (10) working days.
Page 26 | 502 D. Amount To Be Raised
A lien holder with a judgment must file and serve an updated amount-to-be-raised statement within five days after the original statement is submitted.
Any other lien holder who has secured ajudgment in the case shall file with the Master Commissioner and serve a copy on all parties, an updated statement of the amount to be raised, within five (5) days after submission ofthe original statement by the party requesting the sale.
Page 26 | 502 D. Amount To Be Raised
A lien holder who obtains a judgment after submission of the original statement but before sale must file an updated statement no later than five days after judgment entry.
If a lien holder should secure a judgment after submission of any statement ofthe amount to be raised, but before the sale, then the lien holder shall also file an updated statement, no later than five (5) days after entry of the new judgment .
Page 26 | 502 D. Amount To Be Raised
The party requesting a judicial sale must file and serve an amount-to-be-raised statement within five days after scheduling the sale.
Within five (5) days of scheduling a sale, the party requesting the sale shall file a statement ofthe amount to be raised and serve a copy on all parties and the Master Commissioner.
Page 26 | 502 D. Amount To Be Raised
If the successful-bidder timing rule does not apply, a motion confirming the sale may be filed twenty or more days after filing the Master Commissioner's Report of Sale.
Otherwise, a motion for an order confirming the sale may be filed twenty (20) or more days after the filing of a Master Commissioner's Report of Sale.
Page 28 | 506 Confirmation
A successful bidder may move for confirmation of the sale ten or more days after filing the Master Commissioner's Report of Sale.
A successful bidder at a sale may move for an order confirming the sale ten (10) or more days after the filing of a Master Commissioner's Report of Sale.
Page 28 | 506 Confirmation
A response to objections to a Master Commissioner's Report may be filed within five days after the objections are filed.
A response to the objections may be filed within five (5) days of the filing ofthe objections .
Page 28 | 507 Master Commissioner Reports
The Warning Order or Military Attorney must promptly file her report after 50 days from appointment or as otherwise provided by the Civil Rules, and failure may lead to sanctions regardless of payment.
C. The Warning Order or Military Attorney will file her report promptly after the expiration of fifty (50) days from the appointment, or such time as the Civil Rules may provide. Failure to do so may be ground for sanctions by the Court, whether the Warning Order or Military Attorney has been paid or not.
Page 40 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
Unless the court orders otherwise, a motion filed after noon on Thursday is automatically moved to the next motion hour.
Unless otherwise ordered by the Court, motions filed after noon on Thursday shall be automatically passed to the next following motion hour .
Page 22 | 304 Deadline for Serving and Filing Motions.
A motion for default judgment need not be noticed for hearing and stands submitted upon filing with the court.
Motions for Default Judgment shall not be noticed for a hearing but shall stand submitted upon filing with the Court.
Page 23 | 403 Motions for Default Judgment
A party may request a pay off by filing a pleading at least twenty days before the judicial sale.
Any party may file a pleading in Court soliciting a pay off from the party requesting the sale and any other lien holders who have secured a judgment . The request shall be filed at least twenty (20) days before the sale.
Page 26 | 502 D. Amount To Be Raised
Service and Proof of Service Rules
The party requesting a judicial sale must serve a copy of the statement on all parties and the Master Commissioner.
The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.
Page 2 | 502 Judicial Sales.
Responses and objections to a motion automatically referred to the Master Commissioner must be served within seven days after service of the motion.
Such responses and objections shall be served within seven (7) days of service of the motion.
Page 4 | 506 Confirmation
The Notice of Bill of Discovery must be sent to the judgment debtor or party's last known address and must direct that person to appear before the Master Commissioner at the designated discovery date and time.
The notice shall be sent to the last known address of the judgment debtor or party and shall direct the judgment debtor or party to appear before the Master Commissioner at the designated date and time for the purposes of discovery and examination.
Page 6 | 510 Bills of Discovery
All discovery responses must be in writing, and copies of the responses and evidence must be served on the opposing party.
All responses by any party shall be in writing, acknowledging or denying existence of such items, with copies of the responses and evidence being served upon the opposite party.
Page 13
Copies of motions scheduled for motion hour may alternatively be sent by facsimile by noon on Thursday.
or sent by facsimile
Page 22 | 304 Deadline for Serving and Filing Motions.
Copies of motions scheduled for motion hour must be mailed by Wednesday.
with service of copies to be mailed by Wednesday
Page 22 | 304 Deadline for Serving and Filing Motions.
Copies of motions scheduled for motion hour may alternatively be hand-delivered by noon on Thursday.
or hand-delivered by noon on Thursday .
Page 22 | 304 Deadline for Serving and Filing Motions.
Any other lien holder who has secured a judgment in the case must file and serve an updated statement of the amount to be raised within five (5) days after the requesting party submits the original statement.
Any other lien holder who has secured ajudgment in the case shall file with the Master Commissioner and serve a copy on all parties, an updated statement of the amount to be raised, within five (5) days after submission ofthe original statement by the party requesting the sale.
Page 26 | 502 D. Amount To Be Raised
The party requesting a judicial sale must serve the amount-to-be-raised statement on all parties and the Master Commissioner within five days after scheduling the sale.
Within five (5) days of scheduling a sale, the party requesting the sale shall file a statement ofthe amount to be raised and serve a copy on all parties and the Master Commissioner.
Page 26 | 502 D. Amount To Be Raised
Responses and objections to a motion automatically referred to the Master Commissioner must be served within seven days after service of the motion.
Such responses and objections shall be served within seven (7) days of service ofthe motion.
Page 28 | 506B Cases to enforce Liens - Reference to Master Commissioner of Post Sale Motion
At plaintiff's counsel's option, attachment and garnishment writs or orders directed to third-party garnishees may be served by regular first-class mail, certified mail with return receipt requested, or personal service by an authorized subpoena server.
-All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03 .
Page 32 | 514 Procedure for Attachment and Garnishment/Service Thereof
At plaintiff's counsel's option, attachment and garnishment writs or orders directed to third-party garnishees may be served by regular first-class mail, certified mail with return receipt requested, or personal service by a person authorized under CR 45.03.
All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03.
Page 8 | 514 Procedure for Attachment and Garnishment/Service Thereof
The notice must be served under the Rules of Civil Procedure and must direct the party to appear before the Master Commissioner on Friday at 10:00 a.m. for discovery and examination.
Notice shall be served under the Rules of Civil Procedure directing the party to appear before the Master Commissioner on a Friday, at 10:00 a.m., for the purpose of discovery and examination
Page 31 | 510 Bills of Discovery
Filing Fees and Waivers
A $25 hearing-and-report fee is assessed for a possessory or attachment matter under KRS Chapter 425 and must be paid to the Master Commissioner before the hearing.
E. When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25.00 fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.
Page 5 | 508 Master Commissioner's Fees
For every mortgage foreclosure or real-estate lien-enforcement case filed in Jefferson County, the Jefferson Circuit Clerk must collect the required Judicial Sale Administrative Fee with the original filing fee.
In all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee.
Page 8 | 515 Collection of Judicial Sale Administrative Fee
For a Warning Order or Military Attorney matter involving only one letter and report, the Court shall assess $125.00 plus postage per defendant.
A. In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a fee of $125.00 plus postage per Defendant.
Page 9 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
A deposit sufficient to cover the sale's direct costs must accompany the Master's JRP 502D Statement of Amount to be Raised.
A deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. The deposit must be submitted with the Master Commissioner's copy ofthe JRP 502D Statement of Amount to be Raised.
Page 29 | 508 Master Commissioner's Fees
The entire sale fee is assessed when property is sold but the sale is not confirmed.
Ifthe property is sold, but the sale is not confirmed, the entire sale fee shall be assessed.
Page 29 | 508 Master Commissioner's Fees
A tiered judicial-sale fee is assessed on the final bid or aggregate final bids, capped at $5,000.
A sale fee shall be assessed for each judicial sale, which shall be a percentage, set forth below, ofthe final bid, or in the case of several lots sold at the same time under the same judgment, the aggregate of the final bids. The sale fee shall be as follows : 5% of the first $5,000 2% of the next $20,000 1 1/2 % of the next $175,000 %2% of the excess over $200,000 However, the fee shall never exceed $5,000 .
Page 29 | 508 Master Commissioner's Fees
Other hearings without a sale, settlement, or receivership are charged at $60 per hour in quarter-hour increments, due on the fifth working day after the hearing.
For any other hearing in which there is no sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments . These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion ofthe hearing .
Page 30 | 508 Master Commissioner's Fees
Hearing fees are capped at $600 per case regardless of hearing number or length unless the Circuit Judge recommends and the Chief Judge approves extraordinary circumstances.
No more than $600 in hearing fees shall be assessed in any case regardless of the number and length ofhearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.
Page 30 | 508 Master Commissioner's Fees
A $25 hearing-and-report fee is assessed for KRS Chapter 425 possessory or attachment matters and must be paid before the hearing.
When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25 fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.
Page 30 | 508 Master Commissioner's Fees
The Master Commissioner or Receiver payout or estate-settlement fee is capped at $5,000.
The fee shall never exceed $5,000 .
Page 30 | 508 Master Commissioner's Fees
In mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF must be collected with the original filing fee and transmitted quarterly as requested.
Beginning January 1, 2007, in all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee. The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts on a quarterly basis as requested.
Page 33 | 515 Collection of Judicial Sale Administrative Fee
A $25 fee is assessed for the initial Bill of Discovery conducted before the Master Commissioner.
G. A fee of $25.00 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner.
Page 5 | 508 Master Commissioner's Fees
If a case is reopened, additional fees totaling no more than $200 may be assessed.
If a case is reopened, additional fees totaling no more than $200 may be assessed.
Page 5 | 508 Master Commissioner's Fees
A $25 deed fee for review and execution applies when there is no Master Commissioner sale and the Master Commissioner does not draft the deed.
C. The Master Commissioner shall assess all deed fees in accordance with Part IV of the Administrative Procedures of the Court of Justice. In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25.00 deed fee shall be assessed for review and execution.
Page 5 | 508 Master Commissioner's Fees
For other hearings without a sale, settlement, or receivership, fees are assessed under Part IV and paid to the Master Commissioner; hearing fees ordinarily may not exceed $600, subject to the specified extraordinary-circumstances approval process.
F. For any other hearing in which there is no sale, settlement, or receivership, a fee shall be assessed in accordance with Part IV of the Administrative Procedures of the Court of Justice. These fees shall be paid to the Master Commissioner. No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown. If a case is reopened, additional fees totaling no more than $200 may be assessed.
Page 5 | 508 Master Commissioner's Fees
The Master Commissioner assesses report fees under Part IV, and the court may authorize sanction fees for repeated corrective action or repeated attorney or firm errors, payable to the Circuit Court Clerk.
B. The Master Commissioner shall assess all report fees in accordance with Part IV of the Administrative Procedures of the Court of Justice. Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office. Any sanction fee assessed shall be paid to the Jefferson· Circuit Court Clerk.
Page 5 | 508 Master Commissioner's Fees
A $100 fee for each appraiser is assessed and taxed as costs when an appraisal is required for a real-estate sale under judgment or court decree.
A. In all sales of real estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100.00 and taxed as costs.
Page 6 | 509 Appraisals
For a court-directed personal-property appraisal, the court determines each appraiser's fee from evidence concerning the property, number of items, value, and time, labor, and skill required.
C. Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal.
Page 6 | 509 Appraisals
For commercial or industrial real estate, multiple-apartment property, or multiple parcels, the court may order an appraiser fee exceeding $100 based on the time, labor, and skill involved.
B. However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting of multiple apartments or multiple parcels, the Court may order a fee of more than $100 for each appraiser taking into consideration the time, labor and skill involved.
Page 6 | 509 Appraisals
A $25 fee is assessed for a Letter of Arrest.
A fee of $25.00 shall be assessed for a Letter of Arrest.
Page 6 | 508 Master Commissioner's Fees
Garnishment-enforcement actions under KRS 425.501 et seq. may be instituted by paying the fee set by JRP 508 and are docketed for the same day and time as Bills of Discovery.
All actions in enforcement of garnishment pursuant to KRS 425.501, et seq., shall be brought before the Commissioner. They may be instituted by payment of the fee set forth in JRP 508 and will be docketed for the same day and time as Bills of Discovery.
Page 8 | 514 Procedure for Attachment and Garnishment/Service Thereof
In exceptional circumstances, the Warning Order or Military Attorney may petition the Court to set a fee exceeding $125.00 plus postage per defendant.
B. In exceptional circumstances, the Warning Order or Military Attorney may petition the Court to set a fee in excess of the amount specified above.
Page 9 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
Direct case expenses, including copies, advertising, printed bills, and appraisals, must be assessed.
Direct expenses attributable to the case shall be assessed, including copies, advertising, printed bills and appraisals.
Page 29 | 508 Master Commissioner's Fees
A $50 fee is assessed when the Master Commissioner drafts and executes a deed.
A $50 deed fee shall be, assessed for the Master Commissioner to draft and execute a deed.
Page 29 | 508 Master Commissioner's Fees
A $25 deed fee is assessed for review and execution when no Master Commissioner sale is involved and the Master Commissioner does not draft the deed.
In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25 deed fee shall be assessed for review and execution.
Page 29 | 508 Master Commissioner's Fees
A cancelled judicial sale is charged 50% of the proposed sale fee based on appraised value, or $100 if the property is unappraised, capped at $2,500.
The fee for each cancelled judicial sale shall be 50% of the proposed judicial sale fee, based upon the appraised value ofthe property, or a flat fee of $100 ifthe property has not been appraised. In no case shall the fee for a cancelled sale exceed $2,500 .
Page 29 | 508 Master Commissioner's Fees
A tiered fee is assessed when the Master Commissioner or Receiver pays out money or settles an estate.
The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates : 3% ofthe first $2,000 2 1/2 % for the next $3,000 ; and ===== PAGE 30 ===== 1 1/2% for the excess over $5,000
Page 29 | 508 Master Commissioner's Fees
Incurred expenses are not refundable if the sale is withdrawn.
If a sale is withdrawn, incurred expenses will not be refunded .
Page 29 | 508 Master Commissioner's Fees
A $50 fee is assessed for each recommendation on a tendered judgment regardless of the recommendation's outcome.
A $50 report fee shall be assessed for each recommendation on a tendered judgment, whether the report should recommend in favor or against the tendered judgment .
Page 29 | 508 Master Commissioner's Fees
The court may authorize sanction fees for repeated corrective action or repeated attorney or firm errors, payable to the Jefferson Circuit Court Clerk.
Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office. Any sanction fee assessed shall be paid to the Jefferson Circuit Court Clerk.
Page 29 | 508 Master Commissioner's Fees
If a case is reopened, additional fees totaling no more than $200 may be assessed.
If a case is reopened, additional fees totaling no more than $200 may be assessed.
Page 30 | 508 Master Commissioner's Fees
A $7.50 fee is assessed for a Letter of Arrest.
A fee of $7.50 shall be assessed for a Letter of Arrest .
Page 30 | 508 Master Commissioner's Fees
For court-directed personal-property appraisals, the court determines each appraiser's fee based on evidence about the property type, number of items, value, and appraisal work.
Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal .
Page 30 | 509 Appraisals
Amounts exempt from creditors are excluded when calculating the fee for settling insolvent-estate accounts.
For settlement of accounts ofinsolvent estates this computation shall exclude any amounts exempt from creditors .
Page 30 | 508 Master Commissioner's Fees
For commercial, industrial, multiple-apartment, or multiple-parcel real-estate appraisals, the court may award each appraiser more than $100 based on time, labor, and skill.
However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting ofmultiple apartments or multiple parcels, the Court may order a fee ofmore than $100 for each appraiser taking into consideration the time, labor and skill involved .
Page 30 | 509 Appraisals
A $7.50 fee is assessed for an initial Bill of Discovery conducted before the Master Commissioner.
A fee of $7.50 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner.
Page 30 | 508 Master Commissioner's Fees
When an appraisal is required for a real-estate sale under judgment or court decree, each appraiser receives a $100 fee taxed as costs.
In all sales ofreal estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100 .00 and taxed as costs.
Page 30 | 509 Appraisals
The Court assesses a $100 fee for a Warning Order or Military Attorney matter involving one letter and report.
A. In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a $100 fee. For each additional Defendant, the Court shall assess a $50 fee.
Page 40 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
Only in exceptional circumstances may the Warning Order or Military Attorney petition to set a fee exceeding the specified amounts.
B. In exceptional circumstances only, the Warning Order or Military Attorney may petition the Court to set a fee in excess ofthe amount(s) specified above.
Page 40 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY
No fee is assessed for reports on tendered distribution and confirmation orders.
A fee shall not be assessed for any reports upon tendered distribution and confirmation orders.
Page 29 | 508 Master Commissioner's Fees
Master Commissioner fees are governed by the schedule in Part IV of the Administrative Procedures of the Court of Justice.
The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV ofthe Administrative Procedures of the Court of Justice.
Page 30 | 508 Master Commissioner's Fees
The money-payout or estate-settlement fee is not assessed when a sale fee applies.
The fee shall not be assessed if a sale fee is assessed.
Page 30 | 508 Master Commissioner's Fees
Pre-Motion Conference Requirements
Before filing a discovery motion, counsel must make a good-faith effort to resolve the dispute and certify that counsel conferred, could not reconcile the differences, and exhausted other extrajudicial means.
Counsel in civil and criminal cases shall make a good faith effort to resolve disputes among themselves which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court without a certificate of counsel that she has conferred with opposing counsel, that they are unable to reconcile their differences and that she has otherwise exhausted all extrajudicial means in an effort to reconcile her differences with opposing counsel
Page 23 | 402 Motions for Discovery Orders
Adjournment & Extension Requirements
The Court will grant timely requests to reschedule matters that conflict with specified religious holidays or professional conferences.
The Court will grant timely requests to reschedule matters docketed in conflict with religious holidays, the Kentucky Bar Association's annual meeting, Prosecutors' conference, and the Department of Public Advocates' conference
Page 20 | 202 Rescheduling for Reasons other than State Holidays
Chambers Communication Rules
Attorneys must contact the Circuit Court Administrator's Office to arrange a hearing date when the regularly assigned division is unavailable.
If the regularly assigned division is unavailable to set a date for hearing, attorneys shall contact the Circuit Court Administrator's Office.
Page 49 | 1411 Procedure for Filing Temporary Injunctions/Restraining Orders
Motions and conferences may be conducted by telephone, and pretrial, trial, and hearing dates may be scheduled by telephone with the judge's office subject to the stated participation requirements.
1403 Telephonic Conference . Any motion may be heard and any conference may be held by a telephonic conference among a trial judge and counsel for the respective parties. Dates for pretrial conferences may be obtained by telephonic conference with a Judge's office provided that such conference includes counsel for all parties . Counsel seeking a conference shall be responsible for including all necessary counsel . Trial and hearing dates may likewise be scheduled by telephonic conference at the discretion of the trial judge.
Page 48 | RULE 14 MISCELLANEOUS — 1403 Telephonic Conference