Court Rules

Johnson Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Communication

Phone
606-297-9586
Phone

Clerk

Scheduling
Filters:

Document Format Requirements6 rules

FormattingMandatory

All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.

Formatting

  • Word (or compatible) document format
C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 6: Entry of Orders and Judgments
FormattingMandatory

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,

C24D24DVPROTOCOL · Feb 2017 · p. 5
|SectionUniform Protocol for Handling Cases
FormattingMandatory

E. All Motions filed must have original signatures, except when submitted by the Judge for filing.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
FormattingMandatory

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

Applies to
  • Protective order petition

Formatting

  • Petitions must be made on form AOC-275.1.

Court's wording

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

C24FAMILYRULES · Oct 2017 · p. 27
|SectionUniform Protocol for Handling Cases
FormattingImportant

All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.

Applies to
  • Financial disclosure statement

Formatting

  • Use the appropriate AOC forms
C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
FormattingImportant

D. Status Quo Orders may be entered on the AOC-237 form upon Motion of any party with Notice and opportunity to be heard by the opposing parties).

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing

Document Filing Requirements38 rules

Filing RequirementsMandatory

On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.

C24LOCALRULES · Apr 2023 · p. 5
|SectionRule 5: Appearances by Counsel
Filing RequirementsMandatory

Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

C24LOCALRULES · Apr 2023 · p. 5
|SectionRule 5: Appearances by Counsel
Filing RequirementsMandatory

Counsel seeking to withdraw must generally use a written motion and notice and serve a copy of the motion on the client; for good cause, the Court may permit an oral withdrawal motion if the litigant's interests are not adversely affected.

Court's wording

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

C24LOCALRULES · Apr 2023 · p. 5
|SectionRule 5: Appearances by Counsel
Filing RequirementsMandatory

If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 6: Entry of Orders and Judgments
Filing RequirementsMandatory

Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 5: Appearances by Counsel
Filing RequirementsMandatory

In civil actions, proposed orders shall be tendered with each motion.

Document
Motion

Must include

  • Proposed order
C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 6: Entry of Orders and Judgments
Filing RequirementsMandatory

For a requested jury trial, the Pretrial Compliance Statement must contain the listed items.

Court's wording

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following: • A statement of the kind of action and a report on the status of mediation efforts; • Stipulations; • A statement of disputed issues with citation of authorities; • A confirmation that discovery is completed, or if not completed, the probable completion date; • A list of expected witnesses and brief summary of their testimony; • A separate list of expert witnesses and brief summary of their testimony; • A list of marked exhibits; • A list of all special damages and supporting documents; and • Proposed Jury Instructions

C24LOCALRULES · Apr 2023 · p. 7
|SectionAssignment of Trials in Civil Matters
Filing RequirementsMandatory

F. Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with submit same directly to the Judge for approval by the Court off-docket, which shall contain a Settlement Agreement and Jurisdictional Deposition.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
Filing RequirementsMandatory

All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
Filing RequirementsMandatory

2. Motions for compensation shall be accompanied by an Affidavit stating: a. The statutory basis for the appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding has been concluded.

C24FAMILYRULES · Oct 2017 · p. 15
|SectionRule 5 Paternity—Guardians ad Litem
Filing RequirementsMandatory

4. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.

C24FAMILYRULES · Oct 2017 · p. 15
|SectionRule 5 Paternity—Guardians ad Litem
Filing RequirementsMandatory

All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the respective County Attorney's office who shall check the petition for legal sufficiency prior to its filing.

C24FAMILYRULES · Oct 2017 · p. 17
|SectionJuvenile Petitions
Filing RequirementsMandatory

Any Petition filed with the Court shall comply with the following conditions: I. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and

C24FAMILYRULES · Oct 2017 · p. 17
|SectionJuvenile Petitions
Filing RequirementsMandatory

Any interested party seeking an Emergency Custody Order must file a petition

C24FAMILYRULES · Oct 2017 · p. 17
|SectionEmergency Procedure for Emergency Custody Orders
Filing RequirementsMandatory

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

C24FAMILYRULES · Oct 2017 · p. 18
|SectionPermanency Hearing/Review
Filing RequirementsMandatory

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours preceding the Court date.

C24FAMILYRULES · Oct 2017 · p. 18
|SectionDispositional Hearing
Filing RequirementsMandatory

2. Full information conceming the child's parents and their addresses).

C24FAMILYRULES · Oct 2017 · p. 18
|SectionJuvenile Petitions
Filing RequirementsMandatory

The Court shall appoint a Guardian ad Litem for the minor child, and an attomey for any named party upon their request and upon execution of a DNA 11. Financial Statement. Affidavit of Indigence and Request for Counsel form.

C24FAMILYRULES · Oct 2017 · p. 18
|SectionGuardians ad Litem and Parent Attorneys
Filing RequirementsMandatory

For property mediation, the parties must exchange and provide the listed financial disclosures and supporting or requested materials to the mediator at least five working days before the conference.

Court's wording

days prior to the mediation conference, the following: The parties shall exchange and provide to the Mediator, in no less than five (5) working b. Copies of all documents supporting their valuation of the parties' assets: a. Their respective Financial Disclosure Statements including any changes thereto: c. Copies of all documents verifying monthly payments and outstanding balances on d. All information and copies of all documents requested by the Mediator prior to all the parties* debts; and the mediation conference.

C24FAMILYRULES · Oct 2017 · p. 19
|SectionB. Requirements for Property Mediation
Filing RequirementsMandatory

The mediator must file a report stating the mediation outcome with the court within 30 days after mediation concludes.

Court's wording

1. At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).

C24FAMILYRULES · Oct 2017 · p. 20
|SectionH. Completion of Mediation
Filing RequirementsMandatory

Every pleading, motion and any other paper filed in the record by an attorney or a party shall contain Identification of Counsel or Party Required attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this the case number, typed or printed name, address, telephone number and e-mail address of the Rule or CR I1.

C24FAMILYRULES · Oct 2017 · p. 21
|SectionRule 9: Miscellaneous — 901 Identification of Counsel or Party Required
Filing RequirementsMandatory

A. The Family Court Case Data Sheet must be fully completed in all cases.

C24FAMILYRULES · Oct 2017 · p. 21
|SectionRule 9: Miscellaneous — 902 Protection of Personal Identifiers
Filing RequirementsMandatory

An individual requesting such an Order must provide the Family Court Judge with a written explanation of the reason for the request and specifically indicate the portion of the video record being requested and proposed use thereof.

C24FAMILYRULES · Oct 2017 · p. 22
|SectionVideo Copies of In-Chamber Interviews with Children
Filing RequirementsMandatory

A request for an order releasing confidential video records must be made by written motion stating the reason and proposed use, with notice to all parties and any child’s Guardian ad Litem; the stated statutory exception applies to qualifying public officers or employees.

Court's wording

An individual Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof. requesting such an Order must file a written motion, with Notice to all parties, including the child's Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other investigation or prosecution of offenses under the Kentucky Revised Statutes. employee. Said public officer or employee

C24FAMILYRULES · Oct 2017 · p. 22
|Section904 Requests for Confidential Video Records
Filing RequirementsMandatory

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Court's wording

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter in that Circuit. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C24FAMILYRULES · Oct 2017 · p. 27
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

B. 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.

C24FAMILYRULES · Oct 2017 · p. 29
|SectionAssignment of Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing Judge shall re-issue a summons until the matter may be heard by the receiving Judge.

C24FAMILYRULES · Oct 2017 · p. 30
|SectionAssignment of Cases
Filing RequirementsMandatory

If the County Attorney believes contempt proceedings through the Family Court are more appropriate, the Petitioner will be directed to the Circuit Court Clerk's office to file an Affidavit.

C24FAMILYRULES · Oct 2017 · p. 30
|SectionIV. Contempt Proceedings
Filing RequirementsMandatoryCriminal cases

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

Filing RequirementsMandatoryCriminal cases

After the diversion contract is completed, the pretrial officer must submit the contract and a report to the trial judge for approval, and the report must contain the listed background and eligibility information.

Court's wording

Following completion of the diversion contract, the pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.

D24PRETRIALDIVERSIONPROGRAM · p. 3
|SectionTHE DIVERSION CONTRACT
Filing RequirementsMandatoryCriminal cases

1. Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which specifies the court ordered conditions, the reterral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service. The contract shall commence upon approval by the trial judge.

D24PRETRIALDIVERSIONPROGRAM · p. 3
|SectionTHE DIVERSION CONTRACT
Filing RequirementsImportant

All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered

C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 6: Entry of Orders and Judgments
Filing RequirementsImportant

In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.

C24LOCALRULES · Apr 2023 · p. 6
|SectionRule 6: Entry of Orders and Judgments
Filing RequirementsImportant

The Attorneys or parties, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
Filing RequirementsImportant

Attorneys or parties, including pro se litigants, must identify intended expert witnesses before or at the Case Management Conference.

Court's wording

Each party shall make a good faith effort at shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or settlement at the Case Management Conference. The Attorneys or parties, if pro se litigants, said expert prior to or at the Case Management Conference. The Attorneys or parties, if pro se at the Case Management Conference and shall also produce a Preliminary or Final Report from litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
Filing RequirementsNote

C. A party's Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.

C24FAMILYRULES · Oct 2017 · p. 14
|SectionRule 2: Court Scheduling / Motion Hour / Procedures for Filing
Filing RequirementsNote

If the petition is rejected by the county attorney, then it may be filed by the interested party and submitted to the Family Court Judge for a determination of its legal sufficiency.

C24FAMILYRULES · Oct 2017 · p. 17
|SectionJuvenile Petitions
Filing RequirementsMandatory

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.

C24FAMILYRULES · Oct 2017 · p. 18
|SectionDispositional Hearing

Filing & Service rules

Electronic Filing Rules

Court-directed proposed orders or judgments must be emailed to the Court in Word or a compatible format, with a hard copy submitted to the Clerk.

All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.

Page 6 | Rule 6: Entry of Orders and Judgments

Once the Court can sign orders electronically, it may direct parties to submit proposed orders electronically.

At such time that the Court becomes able to sign orders electronically, the Court may direct parties to submit proposed orders in that fashion.

Page 6 | Rule 6: Entry of Orders and Judgments

Parties may file motions in compliance with the e-filing system.

This Rule in no way precludes a party from filing motions in compliance with the e-filing system.

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Filing Timing and Cure Windows

Motions, other than those permitted to be filed ex parte, must be filed with the appropriate county Clerk by closing time five business days before the motion docket.

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

An emailed or faxed motion is not recognized until the original is received and entered in the record by the appropriate Circuit Clerk.

Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Responses to motions must be filed in the Clerk's office two business days before the motion docket.

Responses to said motions shall be filed in the Clerk's office two (2) business days immediately preceding the motion docket on which the motion is to be heard.

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Counsel must file the written entry of appearance forthwith upon being retained, unless the stated exception applies.

Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

Page 5 | Rule 5: Appearances by Counsel

All civil motions shall be filed on the date and time specified in these rules.

All civil motions shall be filed on the date and time specified in these rules.

Page 5 | Rule 4: Civil Discovery and Practice

Motions may not be filed on the morning of trial unless the Court grants leave.

No motions may be filed on the morning of trial without leave of Court.

Page 8 | Rule 9: Jury Trials

Motions for Circuit Court Motion Hour must be filed on the Friday of the preceding week.

Motions be filed Friday of week before motion hour.

Page 1 | Court Schedules

Motions must be filed Friday of the week before motion hour.

Motions must be filed Friday of the week before motion hour.

Page 1 | Court Schedules

Family Court Motion Hour motions must be filed on the Tuesday of the preceding week.

Motions must be filed Tuesday​ of week before motion hour.

Page 1 | Court Schedules

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

Page 5 | Uniform Protocol for Handling Cases

shall be filed in the Office of the Circuit Court Clerk in that county by the close of business no Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and is scheduled on the first and third Monday of each month, and any Motions shall be filed by later than seven (7) days prior to the scheduled Motion Hour. Motion Hour in Lawrence County and fourth Tucsday of each month, and any Motions shall be filed by 4:00 pm on the preceding 4:00 pm on the preceding Monday. Motion Hour in Johnson County is scheduled on the second Tuesday. Motion Hour in Martin County is scheduled on the first and third Wednesday of each month, and any Motions shall be filed by 4:00 pm on the preceding Wednesday.

shall be filed in the Office of the Circuit Court Clerk in that county by the close of business no Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and is scheduled on the first and third Monday of each month, and any Motions shall be filed by later than seven (7) days prior to the scheduled Motion Hour. Motion Hour in Lawrence County and fourth Tucsday of each month, and any Motions shall be filed by 4:00 pm on the preceding 4:00 pm on the preceding Monday. Motion Hour in Johnson County is scheduled on the second Tuesday. Motion Hour in Martin County is scheduled on the first and third Wednesday of each month, and any Motions shall be filed by 4:00 pm on the preceding Wednesday.

Page 14 | Rule 2: Court Scheduling / Motion Hour / Procedures for Filing

If the filing county is closed, motions must be filed by the close of the next business day.

If the filing county is closed, then all Motions must be filed by the close of the next business day.

Page 14 | Rule 2: Court Scheduling / Motion Hour / Procedures for Filing

Within 60 days of appointment, the Guardian ad Litem must file an Answer or a Report stating that, after careful examination, the Guardian cannot present a defense for the Respondent.

4. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.

Page 15 | Rule 5 Paternity—Guardians ad Litem

The original Emergency Custody Order must be filed with the appropriate Circuit Court Clerk upon execution or, if the office is closed, at 8:00 a.m. on the next business day.

The original Emergency Custody Order shall be filed with the appropriate 24" Circuit Court Clerk's office upon execution by a Judge or at 8:00 am on the next business day if the respective Clerk's office is closed in compliance with FCRPP 19(1).

Page 17 | Emergency Procedure for Emergency Custody Orders

After-hours, weekend, or holiday Emergency Custody Orders must be filed with the appropriate Circuit Court Clerk at 8:00 a.m. on the next business day.

Services or the other interested person shall file the original Emergency Custody Order with the appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.

Page 17 | Emergency Procedure for Emergency Custody Orders

CHFS must submit the completed Form DNA 12 to the Court 72 hours before the Dispositional Hearing court date.

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours preceding the Court date.

Page 18 | Dispositional Hearing

CHFS must submit the Permanency Hearing Report Outline to the Court 72 hours before the Permanency Hearing/Review court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

Page 18 | Permanency Hearing/Review

The mediator's report of the mediation outcome is due within 30 days after mediation concludes.

1. At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).

Page 20 | H. Completion of Mediation

The court must review a protective-order petition immediately upon filing, must not leave petitioners waiting for extended periods, and should review it within an hour of presentation unless no judge or trial commissioner is available.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 27 | Uniform Protocol for Handling Cases

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 5 | Uniform Protocol for Handling Cases

Counsel in criminal actions may tender proposed jury instructions at any time before trial.

Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.

Page 8 | Rule 9: Jury Trials

The executed Case Plan must be filed before the Disposition Hearing.

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.

Page 18 | Dispositional Hearing

Service and Proof of Service Rules

Motions, other than those permitted to be filed ex parte, must be delivered to opposing counsel by closing time five business days before the motion docket.

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

Page 5 | Rule 5: Appearances by Counsel

Counsel must transmit a courtesy copy to opposing counsel.

Counsel shall transmit a courtesy copy to opposing counsel.

Page 6 | Rule 6: Entry of Orders and Judgments

For a jury trial, the parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following:

Page 7 | Assignment of Trials in Civil Matters

Guardians ad Litem appointed for the listed respondents must notify them of the appointment and nature of the proceeding, and inform them of the right to genetic testing if applicable.

3. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or Litem, and inform the Respondent of the nature of the proceeding and of the Respondent's adult prisoners shall notify the Respondent of his/her appointment as their Guardian ad right to have genetic testing conducted, if applicable.

Page 15 | Rule 5 Paternity—Guardians ad Litem

Foster parents must receive notice of all Court-scheduled hearings and must be given the right to be heard at each hearing.

All foster parents shall receive Notice of all hearings scheduled by the Court and shall be given the Notice to Foster Parents right to be heard at all hearings.

Page 18 | Notice to Foster Parents

The petitioner must make diligent efforts to locate the child's parents, including initiating contact with the County Attorney's Child Support Division.

The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to. initiating contact with the Child Support Division of the respective County Attorney's

Page 18 | Juvenile Petitions

After each hearing, the petitioner must continue diligent efforts to locate and notify everyone who has not yet been served.

The Petitioner shall make continuing diligent efforts after each hearing to locate and notify all persons who have not yet been served.

Page 18 | The Effects of Service on Only One Parent or Persons Exercising Custodial Control or Supervision

The written motion requesting an order must provide notice to all parties, including the child’s Guardian ad Litem, if any.

An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.

Page 22 | 904 Requests for Confidential Video Records

The Judge may allow the listed hearings to proceed without service on the non-custodial parent if the petitioner establishes the specified diligent service and locating efforts on the record and that parent is not the alleged perpetrator.

The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the with FCRPP 18(1), if it is established on the record that Petitioner has made diligent efforts to serve Disposition Hearing to go forward when the non-custodial parent has not been served. in accordance all other parties, including initiating contact with the Child Support Division of the County perpetrator of the alleged neglect or abuse.

Page 18 | The Effects of Service on Only One Parent or Persons Exercising Custodial Control or Supervision

Filing Fees and Waivers

The $50 reopening fee is not charged for specified Title IV-D motions, but is charged for subsequent support, custody, or visitation motions brought by private counsel or a pro se litigant rather than Title IV-D counsel, unless the motion is brought in forma.

Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions filed in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, child custody or visitation are brought by a private attorney or are filed by a prose litigant rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma

Page 16 | Rule 5 Paternity

Court fines or fees may be paid by cash, check, money order, credit or debit card, or online through ePay; a fee applies to card payments.

Payment options: Cash, check, money orders, credit and debit cards (fee applies). Pay online with ePay.

Page 1 | Relative Content

A personal check must include the writer's current address, two phone numbers, and driver's license number.

Personal check must show current address, two phone numbers and driver's license number of person writing the check.

Page 1 | Relative Content

A program participation fee is set by the Administrative Office of the Courts, and the pretrial officer may adjust it based on ability to pay or waive it for indigence.

E. The fee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The pretrial officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.

Criminal cases

Page 3 | PARTICIPATION

Sealing & Redaction Procedures

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED and not opened for inspection by persons other than the parties to such proceedings and their counsel.

Page 14 | Rule 3: Adoptions/Termination of Parental Rights

When personal identifiers are required or appear in covered filings, parties must file a redacted copy and a marked, sealed unredacted copy; access to the sealed copy is limited to the listed authorized persons.

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 by filing an unreducted copy in a marked and sealed envelope. 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, the 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 order(s) of the Court.

Page 21 | Rule 9: Miscellaneous — 902 Protection of Personal Identifiers

Confidential Family Court video records may not be released without a specific written order, except for the stated authorized public officers or employees; those officials may use or distribute the information only for investigation or prosecution of offenses under Kentucky law.

The 24" Circuit Count Clerk's offices shall not release any copies of Family Court confidential video Requests for Confidential Video Records records without a specific written Order from the presiding Family Court Judge. An individual Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof. requesting such an Order must file a written motion, with Notice to all parties, including the child's Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other investigation or prosecution of offenses under the Kentucky Revised Statutes.

Page 22 | 904 Requests for Confidential Video Records

The Clerk’s offices must not release video of an in-chamber interview with a child without a specific written order from the Family Court Judge.

Pursuant to FCRPP 17. the 24h Circuit Court Clerk's offices shall not release any Family Division video of in-chamber interviews with a child without a specific written Order of the Family Court Judge.

Page 22 | Video Copies of In-Chamber Interviews with Children

Program records and contract-related statements are privileged and confidential, with access and disclosure limited to the stated exceptions.

All Program records and all statements made by a defendant to the pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.

Criminal cases

Page 3 | PARTICIPATION

Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited statutes.

Pleadings, documents, or exhibits filed in actions deemed confidential by Statute need not be redacted and any access to those files shall be governed by KRS 199.570. KRS 610.340. KRS 625.045. and KRS 625.108.

Page 22 | Rule 9: Miscellaneous — 902 Protection of Personal Identifiers

Chambers Communication Rules

The filing party must direct any motion withdrawal or remand, or hearing cancellation, to the Circuit Judge and the Clerk, and it must be agreed to by all.

Any withdrawal or remand of motions or cancellation of hearings shall be made by the filing party directly to the Circuit Judge and to the Clerk and must be by agreement of all

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Unless otherwise specified, counsel must meet in chambers at 8:15 a.m. to discuss preliminary matters, motions, and jury instructions.

Unless otherwise specified, counsel shall meet in chambers at 8:15 a.m. to discuss preliminary matters, motions, and jury instructions.

Page 8 | Rule 9: Jury Trials

Parties who settle must notify the Court and Circuit Clerk before 3:00 P.M. EST on the day before trial.

10.1 Parties shall notify the Court and the Circuit Clerk prior to 3:00 P.M. EST on the day before the case is scheduled for trial if they settle a case, so jurors will not be summoned.

Page 9 | RULE 10: SETTLEMENT OF CASES

Parties in civil cases may attend Circuit Court Motion Hour by Zoom after notifying the Circuit Judge.

Parties may attend by Zoom for Civil cases only. Please notify the Circuit Judge (606) 297-9586 that you are attending by Zoom.

Page 1 | Court Schedules

Attorneys and self-represented litigants must contact the court's secretary to remand pending hearings concerning resolved issues.

3. The attorneys and pro se litigants, shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.

Page 20 | H. Completion of Mediation

Anyone seeking a remote proceeding must consult the Circuit Judges Office, Circuit Clerk, and other party or counsel at least five business days beforehand, unless the Circuit Judge deviates from the timeline in the interests of justice.

Any part/counsel desiring a Remote Court Proceeding shall consult with the Circuit Judges Office, Circuit Clerk and the other(s) party/counsel no later than five (5) business days prior to the proceeding so that the feasibility of a Remote Court Proceeding can be determined. Nothing herein shall prevent the Circuit Judge from deviating from this timeline, if the interests of justice dictate such.

Page 5 | Rule 3: Remote Proceedings

Parties may email motions to the Circuit Judge before the hearing for informational purposes, but the Court will not recognize them until the original is received and entered in the record.

Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk

Page 4 | Rule 2: Motions, Motion Days and Motion Dockets

Call the Office of the Circuit Court Clerk to obtain District Court motion hours.

District Court scheduled months in advance. Call Office of the Circuit Court Clerk for motion hours.

Page 1 | Court Schedules

To access case records, call or visit the county Office of Circuit Court Clerk.

The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county. Call or visit the office to access case records.

Page 1 | Requesting Court Case Records

Petitioners seeking to initiate contempt proceedings should contact the County Attorney or Assistant County Attorney.

B. Petitioners seeking to initiate contempt proceedings should contact: The County Attorney or Assistant County Attorney.

Page 30 | IV. Contempt Proceedings

Common questions about Johnson Circuit Court rules

What formatting rules apply to filings in Johnson Circuit Court?

Johnson Circuit Court's formatting rule includes word (or compatible) document format. Court-directed proposed orders or judgments submitted by email must be in Word or a compatible document format.

View ruleSource: page 6, section Rule 6: Entry of Orders and Judgments

What must be included with notice of appearance filings in Johnson Circuit Court?

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

View ruleSource: page 5, section Rule 5: Appearances by Counsel

What must be included with pleading filings in Johnson Circuit Court?

Pleadings must state counsel's office and mailing addresses, telephone and fax numbers, and email address.

View ruleSource: page 5, section Rule 5: Appearances by Counsel

How may parties contact Johnson Circuit Court?

The filing party must direct any motion withdrawal or remand, or hearing cancellation, to the Circuit Judge and the Clerk, and it must be agreed to by all.

View ruleSource: page 4, section Rule 2: Motions, Motion Days and Motion Dockets

How does Johnson Circuit Court handle sealed or redacted filings?

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

View ruleSource: page 14, section Rule 3: Adoptions/Termination of Parental Rights

Is electronic filing required in Johnson Circuit Court?

Yes. Electronic filing is required for the covered filings. Court-directed proposed orders or judgments must be emailed to the Court in Word or a compatible format, with a hard copy submitted to the Clerk.

View ruleSource: page 6, section Rule 6: Entry of Orders and Judgments

Are filing fees or waivers addressed in Johnson Circuit Court?

A fee is required for covered filings. The $50 reopening fee is not charged for specified Title IV-D motions, but is charged for subsequent support, custody, or visitation motions brought by private counsel or a pro se litigant rather than Title IV-D counsel, unless the motion is brought in forma.

View ruleSource: page 16, section Rule 5 Paternity

What filing deadlines does Johnson Circuit Court set?

Motions, other than those permitted to be filed ex parte, must be filed with the appropriate county Clerk by closing time five business days before the motion docket.

View ruleSource: page 4, section Rule 2: Motions, Motion Days and Motion Dockets

What rule applies to service for motion in Johnson Circuit Court?

Details: recipient: the opposing party, timing: 5 business days before hearing. Motions, other than those permitted to be filed ex parte, must be delivered to opposing counsel by closing time five business days before the motion docket.

View ruleSource: page 4, section Rule 2: Motions, Motion Days and Motion Dockets
Complete rules summary for Johnson Circuit Court

Motions, other than those permitted to be filed ex parte, must be filed with the appropriate county Clerk by closing time five business days before the motion docket.

Motions, other than those permitted to be filed ex parte, must be delivered to opposing counsel by closing time five business days before the motion docket.

Responses to motions must be filed in the Clerk's office two business days before the motion docket.

Parties may email motions to the Circuit Judge before the hearing for informational purposes, but the Court will not recognize them until the original is received and entered in the record.

An emailed or faxed motion is not recognized until the original is received and entered in the record by the appropriate Circuit Clerk.

Parties may file motions in compliance with the e-filing system.

The filing party must direct any motion withdrawal or remand, or hearing cancellation, to the Circuit Judge and the Clerk, and it must be agreed to by all.

Anyone seeking a remote proceeding must consult the Circuit Judges Office, Circuit Clerk, and other party or counsel at least five business days beforehand, unless the Circuit Judge deviates from the timeline in the interests of justice.

All civil motions shall be filed on the date and time specified in these rules.

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

Counsel must file the written entry of appearance forthwith upon being retained, unless the stated exception applies.

Pleadings must state counsel's office and mailing addresses, telephone and fax numbers, and email address.

Counsel seeking to withdraw must generally use a written motion and notice and serve a copy of the motion on the client; for good cause, the Court may permit an oral withdrawal motion if the litigant's interests are not adversely affected.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

An entry of appearance is general unless counsel specifies otherwise on the record; an entry for a limited purpose must specify the limited nature of the representation.

At the Court's request, counsel in whose favor an order or judgment is rendered must prepare it.

Each motion in a civil action must be submitted with a proposed order.

If opposing counsel finds an order or judgment unsatisfactory, counsel must immediately notify the Court of objections and present an alternative version.

In matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments.

Court-directed proposed orders or judgments must be emailed to the Court in Word or a compatible format, with a hard copy submitted to the Clerk.

Court-directed proposed orders or judgments submitted by email must be in Word or a compatible document format.

Counsel must transmit a courtesy copy to opposing counsel.

Once the Court can sign orders electronically, it may direct parties to submit proposed orders electronically.

For a requested jury trial, the Pretrial Compliance Statement must contain the listed items.

For a jury trial, the parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

Unless otherwise specified, counsel must meet in chambers at 8:15 a.m. to discuss preliminary matters, motions, and jury instructions.

Motions may not be filed on the morning of trial unless the Court grants leave.

Counsel in criminal actions may tender proposed jury instructions at any time before trial.

Parties who settle must notify the Court and Circuit Clerk before 3:00 P.M. EST on the day before trial.

Motions for Circuit Court Motion Hour must be filed on the Friday of the preceding week.

More Judges in Johnson Circuit Court

Adam Scott O'Bryan
Judge
John Kevin Holbrook
Judge