Knox County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits2 rules
Merits-motion memoranda and responses are limited to 25 pages, and reply memoranda to 5 pages.
- Brief
- Up to 25 pages
- Opposition
- Up to 25 pages
- Reply brief
- Up to 5 pages
- Motions going to the merits of the case
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum. Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
Unless otherwise permitted by order of the Court, the movant's brief or memorandum and the respondent's brief or memorandum shall be limited to 25 pages each. Reply briefs or memoranda shall be limited to 5 pages each.
- Movant brief
- Up to 25 pages
- Respondent brief
- Up to 25 pages
- Reply brief
- Up to 5 pages
Document Format Requirements4 rules
shall be made on form AOC-275.1
In no event shall a tendered or proposed order or judgment contain the letterhead of a law firm on the judgment or order.
All motions, pleadings, and orders shall be typewritten or electronically printed, on 16 pound or counsel in any margin. All motions, pleadings, and orders shall be double spaced, except legal descriptions heavier, white, opaque, unglazed paper, 8 ½ by 11 inches. Orders shall not contain the letterhead of of real property. All motions pleading, and orders shall be written with type never smaller than pica, and larger type is preferable, especially in briefs.
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Pleading
- Order
Formatting
- •Double spacing is required except for legal descriptions of real property
Exception
Legal descriptions heavier, white, opaque, unglazed paper, 8 ½ by 11 inches
B. When answering interrogatories or requests for admission, the replying party shall, as a part of his answer; set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.
Document Filing Requirements48 rules
Pursuant to FCRPP2(3), Preliminary Verified Disclosure Statements, AOC-238, is required to be filed in the record unless an agreement, executed by both parties is entered in the record.
(1) The mediator shall notify the Court promptly when a case is not accepted for mediation.
(3) If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement, as in any other case, or the mediator may prepare a mediation agreement which shall be signed by the parties and filed in the record.
(4) At the conclusion of cases accepted for mediation, the mediator shall report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405 and 407 by providing the personal identifying information required in those chapters.
In applying for pretrial diversion, cotlnhel for the d@Nndant rnuSt state, and the defendant must: agree on' the `record, that in the event diversion is
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable .) 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole . 5. 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 .
The Commonwealth shall make a written recommendation to the Court in response to each application .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of the conditions for the pretrial diversion, as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
Petitions seeking protection under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 and KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with court. KRS 403.725, KRS 456.030.
Ifreassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.
B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition wherher the resulting action is a domestic violence action under KRS Chapter 403 or an interperson protective order action under KRS Chapter 456.
Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain the Court’s permission and prepare and file the listed appellate documents, including the specified documents when applicable.
Court's wording
B. Retained trial counsel shall secure permission of the Court before withdrawing as counsel for shall be the responsibility of retained trial counsel to prepare and file the following: (1) Notice of appeal pursuant to RCr 12.04; (2) Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; (3) Designation of record on appeal; and, (4) An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.
A. A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference.
C. The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.
The notice shall specify the date, time, and place for the hearing.
A motion going to the merits must include a memorandum stating its grounds and citing the authorities relied upon.
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length.
Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.
Every motion, other than ones which may be heard ex parte, shall appear on the Motion Docket.
The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
When the Court requests an order or judgment, counsel must submit it with a cover letter explaining its basis and specifying whether it conforms to a ruling or is proposed.
Court's wording
If the Court requests counsel to submit an order or judgment, the same shall be submitted with a or judgment has been requested by the Court and is being submitted to conform to a ruling the Court has made, then the cover letter shall so specify. If, however, an order or judgment has been requested by the Court and is being submitted as a PROPOSED order or judgment, then the cover letter shall so specify.
Proposed Orders shall not be filed or submitted with a motion, unless requested by the Court.
An order or judgment conforming to a ruling must be attested by counsel for all parties and presented to the Court; if the opposing party is unrepresented or its counsel declines to attest, that fact must be endorsed on the document.
Court's wording
When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as in conformity to the ruling or opinion, and shall be presented to the Court. If the party against whom the order or judgment is to be entered is not represented by counsel, or represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.
The party seeking the default judgment shall cause the entire record in the case, the motion, and a proposed judgment to be placed in the appropriate division's orders/judgment basket in the Clerk's office.
- Document
- Default judgment motion
Must include
- •Proposed order
Only one original draft shall be file-stamped and placed in the official record of the Circuit Court Clerk;
The Circuit Court Clerk is to file only original drafts of pleadings;
CR 11 requires an attorney or a party representing himself or herself pro se to sign all pleadings, motions, and other such documents presented to the Circuit Court Clerk.
The order must contain a short statement of the grounds for its issuance and the specified warning that failure to appear will result in an arrest warrant.
Court's wording
C. No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons. The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."
The parties must submit a joint statement identifying resolved and unresolved issues within 10 days after mediation ends when some issues settle or the parties reach other agreements.
Court's wording
If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within 10 days of the termination of mediation.
If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
Before submitting a covered judgment or order to the Court, the submitting party must send it with the record to the Commissioner for certification; the Commissioner then delivers it to the Court for approval and entry.
Court's wording
All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.
At mediation's conclusion, the mediator must report that the process ended and, if there is no agreement, report that fact without comment or recommendation; with the parties' consent, the report may identify matters whose resolution could facilitate settlement.
Court's wording
At the conclusion of cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.
An order or judgment directing a sale or deed must include the property's description and location, the parties whose interests are conveyed, and the source of title.
Court's wording
Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain: (1) the legal description of the property including a street address (or if it has no street address, a brief identification of its location and size); (2) the name of the party or parties whose interest is being sold or conveyed; and (3) the source of the party's or parties' title.
(1) Before conducting a sale, the Master Commissioner shall advertise in a newspaper meeting the requirements of KRS 424.120, the time, terms, and place of sale, together with a description of the property to be sold. Said advertisement shall appear once a week for at least three consecutive weeks next preceding the date of sale.
(2) If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.
The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale.
An order confirming the sale, with copies, must be submitted to the Court when the sale is deemed confirmed.
Court's wording
Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court.
In the event the property is withdrawn from sale, or if the defendant property owner files for relief in Bankruptcy, the sale shall be canceled and the Commissioner shall give notice of cancellation of the sale.
(1) Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients(s), and the specific amounts due each under the Judgment or order.
An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner.
(2) At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.
A party seeking a judgment by default under CR 55.01 shall file a written motion therefore. The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.
A. To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order.
The terms and conditions herein above set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .
Out-of-Court resolutions of discovery disputes may be effectuated by submitting to the Court an agreed order signed by counsel for all affected parties. No supporting motion is necessary and the matter need not be placed on the Motion Docket.
Filing & Service rules
Electronic Filing Rules
Facsimile transmissions, electronic submissions, and xerox copies are not originals and must not be accepted or filed unless a sitting Circuit Judge of the 27th Judicial Circuit permits them.
Any facsimile transmissions, electronic submissions, or xerox copies of originals shall not constitute originals, and therefore shall not be accepted and filed unless otherwise permitted by a sitting Circuit Judge of the 27" Judicial Circuit;
Page 14 | RULE 13. MOTIONS, PLEADINGS, AND BRIEFS
Filing Timing and Cure Windows
In Laurel Circuit cases, motions must be filed with the clerk by Monday of the week before the hearing on the following Monday.
Every motion to be heard shall be filed with the clerk by Monday the week before the Motion is to be heard on the following Monday.
Civil cases
Page 5 | 203. Deadlines for Serving and Filing Motions — LAUREL
Contempt motions must be filed and served under the procedures applicable to other non-emergency motions.
G. Contempt motions shall be filed and served as all other non-emergency motions.
Civil cases
Page 5 | G. Contempt motions
In Knox Circuit cases, motions must be filed with the Clerk by Tuesday of the week before the hearing.
Every motion to be heard shall be filed with the Clerk by Tuesday the week before the motion is to be heard.
Civil cases
Page 5 | 203. Deadlines for Serving and Filing Motions — KNOX
The court must review a protective-order petition immediately upon filing, and petitioners must not be sent away or left waiting for extended periods.
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.
Civil cases
Page 11 | I. Uniform Protocol for Processing Cases
An eligible person may apply to the Circuit Court and the Commonwealth for a pretrial diversion order no later than thirty days before trial.
AfEer indictment in circuit court, and no later than thirty (30) days before Lrial, any persson eligible for the program may apply to the: Circu is Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. Procedure
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.
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.
Page 2 | I. Uniform Protocol for Processing Cases
A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.
Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
Written motions that are not heard ex parte, together with hearing notice, must be filed with the Clerk at least five days before the hearing unless another period applies under a rule, statute, or court order.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be filed with the Clerk at least five days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
A response to a motion must be filed at least 72 hours before the hearing time specified in the notice.
Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
Motions going to the merits must be filed at least 10 days before motion hour and accompanied by a memorandum stating the grounds and cited authorities, limited to 25 pages.
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
Motions must be filed with the Clerk at least five days before the hearing time or they will not be docketed for hearing.
Local Rule R27JC 10.A.(1) requires that motions be filed with the Clerk at least five (5) days before the time specified for the hearing. Any motions not filed in compliance therewith shall not be docketed for hearing.
Page 14 | RULE 13. MOTIONS, PLEADINGS, AND BRIEFS
The joint statement must be submitted within 10 days after mediation ends.
This statement shall be submitted within 10 days of the termination of mediation.
Page 18 | E. REPORTING TO THE COURT
Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court.
Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court.
Page 20 | E. CONFIRMATION OF REPORT OF SALE
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless that is impossible because one is unavailable.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to a judge or trial commissioner being unavailable.
Civil cases
Page 11 | I. Uniform Protocol for Processing Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless one is unavailable.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to a judge or trial commissioner being unavailable.
Page 2 | I. Uniform Protocol for Processing Cases
An agreed order relating to a docketed motion must be submitted to the Clerk before the Motion Docket is called for counsel to avoid attending the call.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket.
Page 12 | RULE 10. MOTIONS IN CIVIL CASES — C. AGREED ORDERS
In default cases, a motion to waive filing or exchange of disclosure statements may be filed at the Court's convenience.
In cases of default, a motion for waiver of the filing or exchange of the disclosure statements may be filed at the convenience of the Court.
Civil cases
Page 6 | 701. Preliminary Verified Disclosure Statement
Service and Proof of Service Rules
Contempt motions must be served under the procedures applicable to other non-emergency motions.
G. Contempt motions shall be filed and served as all other non-emergency motions.
Civil cases
Page 5 | G. Contempt motions
In Laurel Circuit cases, motions must be served on opposing counsel and unrepresented parties entitled to notice at least seven days before the hearing.
All motions shall be served upon opposing counsel, and upon parties who are not represented by counsel and entitled to notice no later than seven (7) days preceding the date the motion is to be heard.
Civil cases
Page 5 | 203. Deadlines for Serving and Filing Motions — LAUREL
In Knox Circuit cases, motions must be served on opposing counsel and unrepresented parties entitled to notice at least seven days before the hearing.
All motions shall be served upon opposing counsel, and upon parties who are not represented by counsel and entitled to notice no later than seven (7) days preceding the day the motion is to be heard.
Civil cases
Page 5 | 203. Deadlines for Serving and Filing Motions — KNOX
Before making a recommendation, the Commonwealth must consult an identified victim or the victim’s family and advise them of the motion hearing’s time, date, and place.
Interview and seek input from the victim and/or victim's family, if there is an identified victim, and advise them of the time, date and place the motion will be heard by the Court ; and
Criminal cases
Page 3 | III. Procedure
The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the person fails to comply with diversion conditions or make satisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 4 | V. Voiding a Diversion Order
The party passing a motion must secure consent from all other parties of record; a party or attorney who appears without having been notified may petition for costs or sanctions.
It is the responsibility of the party passing the Motion to secure the consent of ALL other parties of record to pass the motion. Any party or attorney who appears in response to a docketed Motion that was passed who was not notified in conformity herewith may petition the Court for costs and/or sanctions.
Page 12 | RULE 10. MOTIONS IN CIVIL CASES — B. DOCKETING AND APPEARANCES
When CR 77.04 requires service, counsel preparing an order or judgment must give the Clerk enough copies and properly addressed, stamped envelopes to complete service.
Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77.04.
Page 13 | RULE 11. ENTRY OF ORDERS AND JUDGMENTS
A contempt order may not be heard unless served on the named person by an officer authorized to serve a summons, and it must state the grounds and required arrest-warrant warning.
C. No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons. The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."
Page 15 | RULE 16. PROCEDURE ON RULES FOR CONTEMPT
An order may issue ex parte, but its hearing must be at least five days after service unless the Court orders otherwise.
B. An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.
Page 15 | RULE 16. PROCEDURE ON RULES FOR CONTEMPT
A copy of the confirmation order must be served on the purchaser.
A copy of the order of confirmation shall be served upon the purchaser.
Page 20 | E. CONFIRMATION OF REPORT OF SALE
Counsel may waive service of an order or judgment and notice of its entry.
Counsel may waive service of any order or judgment, and notice of entry.
Page 13 | RULE 11. ENTRY OF ORDERS AND JUDGMENTS
A default-judgment motion need not appear on the motion docket, and the party against whom default judgment is sought need not be given notice.
The motion need not appear on the motion docket and no notice need be given the party against whom judgment by default is sought.
Page 14 | RULE 12. DEFAULT JUDGMENTS
Filing Fees and Waivers
(1) When any order is submitted to the Commissioner requiring advertisement or appraisal, the party submitting the order shall deposit with the Commissioner an amount sufficient to pay the
(1) When any order is submitted to the Commissioner requiring advertisement or appraisal, the party submitting the order shall deposit with the Commissioner an amount sufficient to pay the
Page 18 | RULE 23. JUDICIAL SALES; B. DEPOSIT FOR ADVERTISEMENT AND APPRAISAL
The Commissioner is entitled to the fees set forth in AP Part IV.
The Commissioner shall be entitled to those fees set forth in Part IV of the Administrative Procedures of the Court of Justice ("AP Part IV").
Page 20 | G. FEES OF THE COMMISSIONER
Sealing & Redaction Procedures
Mediation documents and communications are confidential, not discoverable or admissible, and proceedings are not public records, subject to the stated exceptions and court order for good cause.
(1) Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed except for the agreement to mediate and mediation agreement. Except as to the agreement to mediate and mediation agreement, all mediation documents are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. (2) Mediation proceedings shall not be considered a public record. (3) There is no confidentiality and no restriction on disclosure under this rule to the extent that: (a) All parties consent in writing to disclosure; or, (b) The mediation communication or mediation document gives the mediator knowledge of or reasonable cause to suspect that a child or a spouse has been abused or a child has been neglected; or, (c) The mediation communications were made in furtherance of the commission of a crime or fraud or as part of a plan to commit a crime or fraud.
Civil cases
Page 7 | C. Confidentiality
When personal identifiers are required by statute or appear in filed documents or exhibits, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to the listed authorized persons.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 (1)(b) by filing one 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 of specific orders of the Court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number.
Civil cases
Page 8 | 904. Protection of Personal Identifiers
A copy of audio or video from a confidential proceeding may be provided only to a party or attorney of record upon motion and a hearing; the source text ends before specifying before whom the hearing must occur.
A copy of audio and/or video proceedings regarding any confidential proceeding shall be provided only to parties or attorneys of record upon motion and hearing before the
Civil cases
Page 8 | 903. Copy of Record of Confidential Proceedings
Mediation proceedings are not public records.
No part of the mediation proceedings shall be considered a public record.
Page 17 | D. CONFIDENTIALITY
Mediation documents and communications are confidential, undiscoverable, and inadmissible, subject to the stated exceptions and a court order for good cause.
Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be admissible into evidence in any judicial or administrative proceeding. disclosed. They are not subject to disclosure through discovery or any other process, and are not No part of the mediation proceedings shall be considered a public record. There is no confidentiality and no restriction on disclosure under this rule to the extent that: a. All parties consent in writing to disclosure; or b. The mediation communication or mediation document gives the mediator knowledge of or reasonable cause to suspect that a child or a spouse has been abused or a child has been neglected; or c. The mediation communications were made in furtherance of the commission of a crime or fraud
Page 17 | D. CONFIDENTIALITY
Pre-Motion Conference Requirements
Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the discovery dispute and be unable to resolve it between themselves.
A motion to compel discovery, for a protective order, or for sanctions, may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
Adjournment & Extension Requirements
A docketed motion may be passed only with the agreement of all counsel of record and, if a party is unrepresented, that party’s consent.
Any Motion docketed pursuant to paragraph (1) above may be passed only upon agreement of all counsel of record. If any party is unrepresented by counsel, that party must also consent to the Motion being passed.
Page 12 | RULE 10. MOTIONS IN CIVIL CASES — B. DOCKETING AND APPEARANCES
The response deadline may be extended on oral or written motion for good cause, including the motion’s and supporting memorandum’s length and complexity.
Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.
Page 11 | RULE 10. MOTIONS IN CIVIL CASES — A. FORM OF MOTION
Chambers Communication Rules
The Clerk of the Court must be notified immediately when a motion is to be passed.
The Clerk of the Court shall be notified immediately if any motion is to be passed pursuant to paragraph (4) above.
Page 12 | RULE 10. MOTIONS IN CIVIL CASES — B. DOCKETING AND APPEARANCES
The mediator must promptly notify the Court when a case is not accepted for mediation.
The mediator shall notify the Court promptly when a case is not accepted for mediation.
Page 17 | E. REPORTING TO THE COURT
A party, attorney, or representative may not communicate with a juror without leave of Court.
No party, attorney, or representative of any party or attorney, shall communicate with a member of a jury without leave of Court.
Page 21 | RULE 26. POST-TRIAL CONTACT WITH JURORS
For the specified transferred cases or cases assigned to a judge as special judge, contact that judge's office for motion and hearing dates.
For any case transferred from Family Court to either of the regular judges in Division I or Division II, or for any case to which either of the judges in Division I or Division II have been assigned as special judge, please contact the appropriate judge's office for motion and hearing dates.
Page 18 | RULE 21. DOMESTIC ACTIONS
After trial, approval to interview or communicate with jurors or alternate jurors requires a proper showing of good cause and is subject to conditions set by the Court.
Court approval for the interviews of or communication with the jurors or alternate jurors after trial will be granted only upon proper showing of good cause and subject to such conditions as the Court shall prescribe.
Page 21 | RULE 26. POST-TRIAL CONTACT WITH JURORS
The Family Court schedule may be obtained by contacting the Family Court Judge's Office or visiting the stated webpage.
A monthly calendar of the Family Court's schedule will be provided by contacting the Family Court Judge's Office or on the Knox/Laurel Family Court webpage at the Kentucky Court of Justice website. http://courts.ky.gov/Local Rules of Practice/C27FAMILYRULES.pdf
Civil cases
Page 5 | 204. Court Calendars
Hearing dates for adoption and termination of parental rights cases may be obtained by contacting the Family Court Judge's chambers.
Dates may be obtained by contacting the Family Court Judge's chambers.
Civil cases
Page 6 | Rule 3. Adoptions / Termination of Parental Rights
Petitioners seeking to initiate contempt proceedings should contact the circuit clerks and victim advocates of Laurel and Knox Counties.
Petitioners seeking to initiate contempt proceedings should contact: 1. The Circuit Clerks of Laurel and Knox Counties, and all of their sworn deputies: 2. The victim's advocates of Laurel and Knox Counties.
Civil cases
Page 13 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerks or victim's advocates of Laurel and Knox Counties.
B. Petitioners seeking to initiate contempt proceedings should contact: 1. The Circuit Clerks of Laurel and Knox Counties, and all of their sworn deputies: 2. The victim's advocates of Laurel and Knox Counties.
Page 4 | IV. Contempt Proceedings
After a case is accepted, the mediator may refer it back to the Court for good cause, which must be stated in writing.
At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.
Page 18 | E. REPORTING TO THE COURT