Knott Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements1 rule
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
Document Filing Requirements42 rules
If the county attorney refuses to consent to a defendant's participation in the program, he or she shall state on the record the reasons therefore.
1. Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by • the trial judge.
After the diversion contract is completed, the pretrial officer must submit the report and contract for approval, and the report must include the specified background and eligibility information.
Court's wording
2. Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, 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.
Upon approval for participation in the Program, the defendant shall sign a statement shall be given the opportunity to consult with an attorney if he or she so desires. waiving his or her right to a speedy trial. Prior to signing such statement the defendant
The Commonwealth shall make a written recommendation to the Court in response to each application.
Restitution, if applicable .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
In applying for pretrial diversion, counsel for the Defendant must state, and the Defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
Require Defendant to obey all rules and regulations imposed by Probation and Parole .
The diversion order must prohibit the Defendant from committing an offense during diversion and direct compliance with applicable statutory and court-imposed conditions.
Court's wording
As required by KRS 533 .030(l) [conditions of probation- restitution], direct the Defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the Defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) .
Duration of the diversion.
B. Motions for Compensation shall be accompanied by an Affidavit stating: 1. The Statutory basis for the appointment. 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceeding has been concluded.
An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client, and the file information remains confidential and privileged regardless of representation.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file
A petition must cite the statute and facts supporting jurisdiction, provide full information about the child's parents and their addresses, and describe diligent efforts to locate the parents, including contacting the Child Support Division.
Court's wording
Any petition filed with this Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). 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 Floyd, Knott, or Magoffin County Attorney's Office.
No matter shall be scheduled for Final Hearing until all parties have submitted Financial Disclosure Statement, if applicable.
The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing within 30 days of the Final Hearing.
In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.
The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.
The parties must provide the mediator with a financial-disclosure supplement and a statement defining the mediation issue and describing special problems.
Court's wording
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting
All Motions filed must have original signatures, except when submitted by the Judge for filing.
All Agreements and Agreed Orders shall contain the correct mailing and/or e-mail addresses for the attorneys and parties.
A schedule of sessions and brochure shall accompany this notification of requirement to attend.
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
At the conclusion of mediation, the mediator must report its outcome without comment to the Court and the Family Court Judge's Office.
Court's wording
1. At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Judge's Office as to the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other filing
Must include
- •Case number
A Family Court Case Data Sheet must be fully completed in all cases.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and submit same directly to the Judge for approval by the Court off- docket, which shall contain executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with a Settlement Agreement and Jurisdictional Deposition.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
A parties' 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.
If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.
However, in the 31s and 36"h Judicial Circuits, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition.
Filing & Service rules
Filing Timing and Cure Windows
An eligible person may apply for pretrial diversion after indictment, but no later than 15 days before trial.
After indictment in circuit court, and no later than (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | Procedure
Non-emergency motions in the specified dockets must be filed, clocked, and noticed by 3:00 p.m. three business days before the docket.
All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand- delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
Motions under FCRP 201(A) must be filed and noticed at least seven days before the next regularly scheduled motion docket; motions noticed with less time are automatically passed to the next Motion Hour.
All motions pursuant to FCRP 201(A) shall be filed and noticed for hearing no less than seven (7) days from the date of the next regularly scheduled motion docket. All motions filed and noticed for a hearing in less than seven (7) days shall be automatically passed to the next Motion Hour.
Page 6 | 203 Deadline for Serving and Filing Motions
Within sixty days of appointment, the Guardian ad Litem must file an Answer for the Respondent or a Report stating that no defense can be presented after careful examination.
D. Within sixty (60) days of the appointment, the Guardian ad Litem shall file and Answer on behalf of the Respondent or a Report stating that, after careful examination of the case he/she is unable to present a defense on their behalf.
Page 8 | 503 Guardians ad Litem Appointed for Actions Filed Pursuant to KRS 406
The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.
The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.
Page 11 | 701 Required Case Information
Intended expert witnesses must be identified within 30 days before the Final Hearing.
The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing within 30 days of the Final Hearing.
Page 11 | 701 Required Case Information
If no objection is filed within ten days after service of the summons, petition, and motion, the Court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 11 | 701 Required Case Information
The Permanency Hearing Report must be submitted to the Court 72 hours before the court date.
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.
Page 11 | 609 Permanency Hearing/Review
An entry and appearance must not be signed before the petition is filed.
No entry and appearance shall be signed prior to the filing of a petition.
Page 12 | 702 Appearances, Waivers, and Agreements
Failure to file an Answer and Report within sixty days of appointment may result in sanctions, including removal from the Family Court Guardian ad Litem appointment list.
E. The failure of the Guardian ad Litem to file an Answer and Report within sixty (60) days of his/her appointment may result in sanctions being imposed against the attorney, including removal from the 31" and 36h Judicial Circuits Family Court Guardian Ad Litem appointment list.
Page 8 | 503 Guardians ad Litem Appointed for Actions Filed Pursuant to KRS 406
Service and Proof of Service Rules
Copies of the specified non-emergency motions must be sent by mail, hand delivery, or electronic transmission by the applicable docket deadline.
All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand- delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
A social worker granted an Emergency Custody Order must provide a copy to the agency.
If a Cabinet for Health and Social Services social worker is granted an ECO, the social worker is to provide a copy to the agency.
Page 9 | 601 Procedure for Emergency Custody Orders
The party seeking an Emergency Custody Order must receive a copy before leaving the Family Court Clerk's Office.
A copy shall be provided to the party seeking the ECO prior to leaving the Floyd Family Court Clerk's Office.
Page 9 | 601 Procedure for Emergency Custody Orders
A copy of each petition must be distributed to the assistant county attorney assigned to prosecute dependency actions.
copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions
Page 9 | 602 Petition
All parties must be served with notice of an attorney's request to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 10 | 606 Duty of Guardian ad Litem and Parent Attorney to Continue
After the hearing, the petitioner must continue diligent efforts to locate and notify everyone who was not served.
The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 10 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
The judge may allow a Temporary Removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve the other parties, including contacting the Child Support Division to locate an absent parent.
The judge may permit the Temporary Removal Hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 10 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
The clerk must include a copy of the motion for service with the summons and petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 11 | 701 Required Case Information
At least five working days before mediation, the parties must exchange and provide the mediator with the listed financial-disclosure supplement and issue statement.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting
Page 12 | 705 Mediation
The respondent must give the petitioner notice of the motion without assistance from the clerk.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 12 | 701 Required Case Information
The motion requesting an order to release confidential video records must be noticed to all parties, including the child’s Guardian ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
Page 16 | 905 Requests for Confidential Video Records
Emergency Dependency, Neglect and Abuse and Status motions may be made any day of the week if the parties receive appropriate notice and an assistant county attorney approves.
Emergency Dependency, Neglect and Abuse and Status motions may be made on any day of the week, with appropriate notice to the parties, upon approval of an assistant county attorney.
Page 5 | 201 Regular Motion Hour Schedule
In a divorce action where parties are ordered to attend the program, the specified Family Court Clerk's Office must provide the Case Data Information sheet to the Divorce Education Office.
In any divorce action where the parties are ordered to attend a Divorce Education Program, the Floyd, Knott, or Magoffin Family Court Clerk's Office shall provide a copy of the Case Data Information sheet to the Divorce Education Office.
Page 11 | 701 Required Case Information
Notice to the relevant County Attorney may be given by placing a copy of the notice and motion in that County Attorney’s basket at the Family Court Clerk’s Office.
Notice to the Floyd, Knott, or Magoffin County Attorney may be accomplished by placing a copy of the notice and motion in the respective County Attorney basket located in the respective Family Court Clerk's Office.
Page 6 | 203 Deadline for Serving and Filing Motions
Filing Fees and Waivers
The $50 reopening fee does not apply to specified Title IV-D motions, but applies to subsequent motions brought by private counsel or pro se parties unless the motion is in forma pauperis.
A. Pursuant to FORPP 14(1), a $50.00 reopening fee shall not be paid for motions 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, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 8 | 502 Reopening Fee
Program participation requires a fee set by the Administrative Office of the Courts, which the pretrial officer may scale based on ability to pay or waive for indigence.
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 | II. PARTICIPATION
Qualifying families may use a sliding scale for Divorce Education Program fees.
A sliding scale regarding fees for the program is available for qualifying families.
Page 12 | 703 Divorce Education Program
Sealing & Redaction Procedures
Program records and statements are confidential and generally may not be disclosed, with specified access for program oversight and the victim, and other releases requiring written consent.
D. All Program records and all statements made by a defendant to a 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 | II. PARTICIPATION
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 to inspection by persons other than the parties to such proceedings and their counsel.
Page 6 | 302 Temporary Custody Order
When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access to the sealed copy limited to 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)(%) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.
Page 15 | 902 Protection of Personal Identifiers
The clerk’s office may not release copies of confidential Family Court video records without a specific written order from the presiding judge, except in paternity actions.
The Floyd, Knott, or Magoffin County Circuit Court Clerk's office shall not release any copies of Floyd, Knott, or Magoffin Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge.
Page 16 | 905 Requests for Confidential Video Records
The clerk’s office may not release a Family Court video of an in-chambers interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 17, the Floyd, Knott, or Magoffin County Circuit Court Clerk's Office shall not release any Floyd, Knott, or Magoffin Family Court video in-chamber interviews with children without a specific written order from the Family Court Judge.
Page 16 | 904 Video Copies of In-Chamber Interviews with Children
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted, and access is governed by the cited rules and 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 FCPR 504 and 505 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 15 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
Default-judgment motions must be noticed for a hearing or filed to stand submitted, with a hearing date assigned if the Court determines one is necessary.
B. Motions for default judgments for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall be noticed for a hearing before the Court or filed with the Court and stand submitted upon filing. If the court determines a hearing is necessary under CR 55.01, a hearing date will be assigned.
Page 7 | 501 Motion Practice
Specified motions are submitted to the Court unless a written objection and hearing request is filed within ten days of the date on the Certificate of Service.
A. Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointment of Guardian ad Litem, for Guardian ad Litem fees, and to compel discovery shall be placed on the regular docket and shall be as submitted to the Court unless a written objection and request for hearing is filed within ten (10) days of the date contained in the Certificate of Service.
Page 7 | 501 Motion Practice
Motions to modify, suspend, or terminate child support, or to determine child-support arrearages, must be scheduled for a hearing.
C. Motions to modify, suspend, or terminate child support and to determine arrearages accrued on child support orders shall be scheduled for hearing.
Page 8 | 501 Motion Practice
Chambers Communication Rules
People seeking an Emergency Custody Order after working hours or on weekends must contact the on-call District Court judge or trial commissioner.
After working hours, 4:00 p.m. to 8:00 a.m. Monday through Friday and on weekends, the on-call District Court judge or trial commissioner shall be contacted.
Page 9 | 601 Procedure for Emergency Custody Orders
People seeking an Emergency Custody Order during normal working hours must come to the applicable Family Court Clerk's Office.
During normal working hours, 8:00 a.m. to 4:00 pm. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO), shall come to the Floyd, Knott, or Magoffin County Judicial Center's Family Court Clerk's Office.
Page 9 | 601 Procedure for Emergency Custody Orders
The parties must contact the court's secretary about pending hearings concerning resolved issues.
3. The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 14 | H. Completion of Mediation
Designated agencies and officers may receive domestic violence petitions and administer petitioner oaths after regular business hours and on weekends.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Page 18 | APPENDIX A: DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
After regular business hours and on weekends, contact local law enforcement or Kentucky State Police by calling 911 to access domestic violence petition services in Knott County.
Knott County: Contact local Law Enforcement agency or Kentucky State Police by calling 911
Page 18 | APPENDIX A: DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
After regular business hours and on weekends, contact local law enforcement or Kentucky State Police by calling 911 to access domestic violence petition services in Magoffin County.
Magoffin County: Contact local Law Enforcement agency or Kentucky State Police by calling 911
Page 18 | APPENDIX A: DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
Designated agencies and officers may receive domestic violence petitions and administer petitioner oaths during regular business hours.
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:
Page 18 | APPENDIX A: DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
Petitioners may contact their respective family court clerk's office to seek civil contempt charges.
Or, the petitioners may contact their respective family court clerk's office to seek civil contempt charges.
Page 3 | Contempt Proceedings
Petitioners may contact their respective family court clerk's office to seek civil contempt charges.
2. Or, the petitioners may contact their respective family court clerk's office to seek civil contempt charges.
Page 20 | m. Contempt Proceedings