Larue County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
Communication
Phone
Fax
Document Format Requirements3 rules
All exhibits intended for use at trial in both civil and criminal cases shall be marked for identification purposes prior to trial.
If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back the appropriate circuit or district.
Depositions and interrogatories shall be on 8-1/2 x 11 inch paper, shall be typewritten in pica sized type, and double spaced.
- Line spacing
- Double
- Paper size
- Letter
- Deposition
- Interrogatories
Formatting
- •Typewritten in pica-sized type
Document Filing Requirements133 rules
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.
The Commonwealth shall make a written recommendation to the Court in
- Document
- Commonwealth recommendation
Must include
- •A written recommendation to the Court
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533.253(3).
The diversion order must include restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the specified offense-related conditions.
Court's wording
The Order of Diversion shall include : l. 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 regulation imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
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.
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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation
A pendente lite child-support motion must include proof of the minor child's insurance cost and any child-care cost.
Court's wording
In addition to the requirements contained in FCRPP 9(4), any pendente lite motion for child support shall be accompanied by filing proof of the cost of the minor child's insurance and the cost of child care, if any.
In cases where both parties' wage information is available to the filing party, the motion shall also be accompanied by a completed Child Support Worksheet.
The Commissioner's Report shall be filed with the Clerk of the Court
An agreed judgment or separation agreement providing for child support must attach the child support worksheet and the applicable IV-D or Friend of the Court Order.
Court's wording
Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.
If the parties wish to waive the filing of the verified disclosure statements, the parties shall execute the Waiver of Mandatory Case Disclosure" form which is attached hereto in Appendix "C".
A separation agreement or agreed judgment that departs from the Child Support Guidelines must state the reason for the deviation.
Court's wording
If the child support obligation in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment shall state the reason for deviating from the Guidelines.
A mediation agreement must be written and signed by the parties; the parties draft it, although the mediator may assist with their consent.
Court's wording
If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
The mediator shall report to the court the outcome of said mediation.
1. Witness List: A list which identifies the name, address, and telephone number of any person that is expected to be called as a witness.
2. Exhibit List: A list which identifies any exhibits that may be introduced into evidence, and if feasible, shall be attached to the pre-trial statement. FCRPP 3(4).
All pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.
In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the "DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).
All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example.
NOTE: The AOC-152 must also be used in conjunction with this form pursuant to FCRPP 9(2).
Pre-trial compliance statements must list and copy all exhibits that may be used at trial, and attach them when feasible.
Court's wording
Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit : (a) All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement.
Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date.
All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.
All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers
A statement of the claim or claims of plaintiffs, including legal theories.
For each expert witness who has not been deposed, the pre-trial statement must describe the expected subject matter, facts and opinions, and grounds for each opinion.
Court's wording
Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary ofthe grounds for each opinion
statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.
A statement of the defenses or claims of defendants, or third parties, including legal theories.
Prior to such conference the parties or their counsel shall provide and file the following: (a) An offer of stipulated facts.
Before the conference, the parties or counsel must provide and file a statement confirming settlement discussions and describing the current status of negotiations.
Court's wording
Prior to such conference the parties or their counsel shall provide and file the following: (d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement.
In jury cases, counsel shall file trial briefs and request for instructions on the first day oftrial.
In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.
Prior to such conference the parties or their counsel shall provide and file the following: (c) All motions in limine of which counsel should reasonably be aware at that time.
Prior to such conference the parties or their counsel shall provide and file the following: (b) Statement of evidence problems likely to arise at trial, including objections to exhibits.
All orders and judgments shall contain a distribution list, same to include any acts required ofthe Clerk by said order orjudgment, as set out in the following example.
At arraignment, an order shall be entered setting the case for pre-trial conference and for trial.
Pursuant to these local rules, all interrogatories and responses thereto and all requests for admissions and answers or objections thereto shall be filed of record in the office of the Circuit Clerk.
A motion to submit an uncontested action must include proposed findings and a proposed Commissioner's Report.
Court's wording
Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.
A separation agreement or agreed judgment establishing child support must attach the Kentucky child-support worksheet and the applicable N D Order or FOC Order.
Court's wording
Any Separation agreement or agreed judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy ofthe N D Order or the FOC Order, whichever applies .
A separation agreement or agreed judgment that deviates from the child-support guidelines must state the reason for the deviation.
Court's wording
If the child support obligation established in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212 (6), the agreement or judgment must state the reason for deviation from the Guidelines .
Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost ofminor child's insurance information and child care information, if any.
Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.
In cases where both parties' wage information is available to the filing party the motion shall also be accompanied by a completed Child Support Worksheet .
The disclosure statement shall be in the attached form. (Appendix 2) .
Any amendment thereafter can be made only by proper motion and ruling by the Court.
A motion for trial shall certify the estimated length of time required for the hearing
The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1
No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.
All Orders shall be accompanied by a tendered "Report" ofthe Commissioner recommending that the "Order" be signed by the presiding Judge.
No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.
Any pleading not containing the case number thereon shall not be filed by the Clerk.
Any agreement reached at mediation must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties . The parties shall be responsible for the drafting ofthe agreement, although the mediator may assist in the drafting ofthe agreement with the consent of the parties.
If the form lacks space, additional information must be provided on exhibits that become part of the statement and are covered by the party’s oath.
Court's wording
If there is not sufficient space on this form to provide all of the information necessary, please attach additional sheets as exhibits, which shall be made a part of this Verified Disclosure Statement, as if included verbatim therein and covered under the oath of the party.
ALL QUESTIONS ON THIS FORM MUST BE ANSWERED IN FULL OR THE WORDS "NONE" OR "NOT APPLICABLE" (N/A) INSERTED.
The Verified Disclosure Statement must be sworn to under oath and under penalty of perjury.
Court's wording
The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .
Please attach your last Federal and State Income Tax Returns and wage statements from your employer for the last five (5) weeks, or documented evidence of earnings for the last three (3) months.
If yes, attach a copy of the order to pay child support .
i . The husband pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing .)
If yes, attach a copy of the maintenance order.
ii. The wife pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing.)
ii. List all stocks, bonds and other securities :
E. SPECIAL NEEDS : Specify any special needs of the children:
A. REAL ESTATE : (Where more than one parcel of real estate is owned, attach a sheet for all additional properties. Include mobile homes in this section .)
Filing & Service rules
Electronic Filing Rules
The Circuit Clerk's Office may not accept pleadings by fax, except for domestic violence petitions or when the presiding judge specifically orders otherwise.
Except for domestic violence petitions, the Office of the Circuit Clerk shall not accept any pleadings by facsimile unless specifically ordered by the presiding judge.
Page 15 | B. Facsimiles
Pleadings may not be filed by fax, except domestic violence petitions or when the presiding judge specifically orders otherwise.
Except for domestic violence petitions, the Office of the Circuit Clerk shall not accept any pleadings by facsimile unless specifically ordered by the presiding judge.
Page 15 | B. Facsimiles
Emergency protective orders may be received by facsimile reproduction when available.
Said Emergency Protective Orders may be received by facsimile reproduction when available.
Page 3 | Schedule for Domestic Violence Hearings
Emergency protective orders may be received by facsimile reproduction.
Said Emergency Protective Orders may be received by facsimile reproduction.
Page 4 | Schedule for Domestic Violence Hearings
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment, but no later than three days before trial.
After indictment in circuit court, and no later than 3 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 | III. Procedure
During regular business hours, the Circuit Clerk's Office must immediately present a received petition to the appropriate judicial officer.
Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following:
Page 2 | Twenty-Four Hour Accessibility
After-hours petitions must be presented immediately to the designated judicial officer.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall immediately present the petition to the following:
Page 3 | Schedule for Domestic Violence Hearings
Petitions must be reviewed within an hour after presentation, unless a judge or trial commissioner is unavailable and review is impossible.
Petitions shall be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 4 | Schedule for Domestic Violence Hearings
Commissioner-track motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.
All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
For in-person service, motions must be filed and served at least 48 hours before the scheduled hearing, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Page 8 | Rule 205. District Court - Motion and Notice
If copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.
If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.
Page 8 | Rule 205. District Court - Motion and Notice
The Commissioner must prepare a report of recommendations within 60 days of a matter being submitted, including findings of fact and conclusions of law when required by law.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Page 10 | Rule 7. Domestic Relations Practice; Rule 702. Commissioner's Pendente Lite Report
If no objections or exceptions are filed, the Report is automatically submitted to the presiding judge on the eleventh day after service of notice of its filing.
If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding judge on the eleventh day after the notice of the filing of the Report was served on the parties.
Page 11
All parties must file the required pretrial materials no later than 14 days before the final hearing.
Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:
Page 14 | B. Pre-trial Compliance
When a domestic violence case is transferred because of a pending dissolution or custody matter in another circuit, the emergency protective order continues and the summons is reissued for up to 14 days if service was not made before transfer, or as the court determines necessary for the petitioner's protection; afterward, the transfer court reissues the summons as needed.
Domestic violence cases shall be reassigned or transferred to another circuit if a dissolution or custody matter was pending in another circuit prior to the filing of the domestic violence petition. Consistent with FCRPP 12, the emergency protective order shall continue and the summons reissued by the Tenth Judicial District Court or the Fifty-Seventh Judicial District Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 17 | Uniform Protocol for Processing Cases
Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following: (1) LaRue County: The Clerk's Office shall present the domestic violence petition to the District Judge of the Tenth Judicial District for the purposes of issuing an emergency protective order. If the District Judge is unavailable, and the Hart County Trial Commissioner has been temporarily assigned to serve LaRue County pursuant to SCR 5.040, the Clerk's Office shall present the domestic violence petition to the Hart County Trial Commissioner.
Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following: (1) LaRue County: The Clerk's Office shall present the domestic violence petition to the District Judge of the Tenth Judicial District for the purposes of issuing an emergency protective order. If the District Judge is unavailable, and the Hart County Trial Commissioner has been temporarily assigned to serve LaRue County pursuant to SCR 5.040, the Clerk's Office shall present the domestic violence petition to the Hart County Trial Commissioner.
Page 18 | n. Twenty-Four Hour Accessibility
All parties must file pre-trial compliance statements no later than 60 days before trial.
Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit :
Page 4 | CHAPTER I — GENERAL
The time for filing and serving a motion must be computed under CR 6.01.
Time for filing and service of a motion shall be computed in accordance with CR 6.01 .
Page 10 | Chapter III, C(2)
A motion set for a rule day must be filed with the Circuit Clerk eight days before the initially scheduled rule day.
Each motion to be made on a rule day shall be filed in the office of the Circuit Clerk eight (8) days preceding the rule day for which the motion is initially set .
Page 10 | Chapter III, C(1)
In a contested divorce or legal-separation action, the parties must file a VDS within 40 days after the petition is filed.
In each contested action for divorce or legal separation, the parties shall file a Verified Disclosure Statement (VDS) no later than forty (40) days after the filing of the Petition.
Page 13 | E. Contested Actions for Divorce or Legal Separation
Each party has 15 days thereafter to amend or supplement their VDS.
Each party shall have 15 days thereafter to Amend or Supplement their respective VDS .
Page 14 | E. Contested Actions for Divorce or Legal Separation
The Commissioner must prepare a report on a submitted matter within 60 days, including findings of fact and conclusions of law when required by law.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Page 16 | M. Commissioner's Report
A party filing objections or exceptions must notice them for hearing on the next available motion hour.
If objections or exceptions are filed, the party filing the objections or exceptions shall notice them for hearing on the next available motion hour.
Page 16 | M. Commissioner's Report
Both parties must file a completed Verified Disclosure Statement with the Circuit Court Clerk within 30 days after filing the dissolution petition.
The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .
Page 25 | Verified Disclosure Statement
Circuit Court motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.
All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.
Page 7 | Rule 202. Circuit Court - Motion and Notice
When copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.
If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.
Page 8 | Rule 205. District Court - Motion and Notice
District Court motions must be filed no later than 48 hours before the scheduled hearing; when service is in person, Saturdays, Sundays, and holidays are excluded.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Page 8 | Rule 205. District Court - Motion and Notice
The Commissioner must prepare a report of recommendations within 60 days of a matter being submitted, including findings of fact and conclusions of law where required by law.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Page 10 | Rule 702. Commissioner's Pendente Lite Report
If no objections or exceptions are filed, the Report is automatically submitted to the presiding judge on the eleventh day after notice was served on the parties.
If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding judge on the eleventh day after the notice of the filing of the Report was served on the parties.
Page 11
All parties must file the required pre-trial materials at least 14 days before the final hearing.
Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:
Page 14 | B. Pre-trial Compliance
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.
Page 18 | Uniform Protocol for Handling Cases
An eligible person may apply to the Circuit Court and the Commonwealth for a pretrial diversion order after indictment and no later than 3 days before trial.
After indictment in circuit court, and no later than 3 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 | 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. 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.
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 2 | Uniform Protocol for Handling Cases
Compute motion filing and service deadlines in accordance with Civil Rule 6.01.
Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.
Page 7 | Rule 202. Circuit Court - Motion and Notice, C. Computing Deadline
A completed disclosure statement should be filed at least 10 days before mediation; failure to do so could result in sanctions.
Failure of a party to file a completed disclosure statement at least ten (10) days prior to mediation could result in sanctions deemed appropriate by the Domestic Relations Commissioner.
Page 14 | E. Contested Actions for Divorce or Legal Separation
If no objections or exceptions are filed, the Report is automatically submitted to the presiding Judge on the 11th day after notice of filing was served.
If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding Judge on the eleventh day after the notice of the filing of the Report was served on the parties
Page 16 | M. Commissioner's Report
The time for filing and serving a motion must be computed under Civil Rule 6.01.
Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.
Page 7 | Rule 202. Circuit Court - Motion and Notice
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 18 | Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods while their petitions are handled.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 18 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.
If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.
Page 7 | Rule 202. Circuit Court - Motion and Notice, D. Post Judgment Motions
Presiding-judge-track motions must be served on opposing counsel, or on an unrepresented opposing party.
All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.
Page 7 | Rule 202. Circuit Court - Motion and Notice, B. Presiding Judge
Commissioner-track motions must be served on the Domestic Relations Commissioner and opposing counsel, or on an unrepresented opposing party.
All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Page 8 | Rule 205. District Court - Motion and Notice
Any party may serve written objections or exceptions on the other parties within 10 days after being served with notice that the Commissioner's Report was filed.
within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.
Page 10 | Rule 7. Domestic Relations Practice; Rule 702. Commissioner's Pendente Lite Report
After the report is filed, the Clerk must serve notice of filing and a copy of the report on all parties who have appeared.
who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
Page 10 | Rule 7. Domestic Relations Practice; Rule 702. Commissioner's Pendente Lite Report
The Clerk's Office must distribute an unredacted child support order to the child enforcement agency, if applicable, and to the parties.
The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.
Page 15
The redacted copy must be served on the respondents.
The redacted copy shall then be served on the respondents).
Page 15
The Clerk must distribute orders to the persons listed under DISTRIBUTION by mail, delivery, or placement in attorneys' Clerk's Office receptacles, and certify the distribution on the list.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Page 16 | C. Distribution of Orders
The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the Court Reporter.
A copy of any Notice ofAppeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter by the attorney filing same.
Page 6 | J. Copies To Be Sent to Court Reporter
The Clerk must distribute orders to the persons listed under DISTRIBUTION using the stated methods and certify the distribution on the distribution list.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom ofthe distribution list.
Page 7 | M. Distribution of Orders
Within 45 days of arraignment, the Commonwealth must provide the Defendant the listed discovery materials and information; the quoted list continues beyond this excerpt.
Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7 .24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies ofall search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure
Page 8 | D. Discovery
Each motion must be served on opposing counsel or, if the opposing party is unrepresented, on that party.
Each motion shall be served on opposing counsel or a party, ifnot represented by counsel.
Page 10 | Chapter III, C(1)
Post-final-judgment motions must initially be brought by show-cause rule and served on the party under CR 4.04.
All post final judgment motions shall initially be brought by show cause rule with service to be perfected on the party as set forth in CR 4.04.
Page 12 | C. Motion and Notice
The parties must exchange expected trial witness lists and exhibits at least 14 days before trial; the Commissioner may exclude undisclosed material or grant other appropriate relief.
No later than fourteen (14) days prior to the trial date, the parties shall exchange witness lists and exhibits expected to be introduced at trial . Failure to make these disclosures may result in the exclusion of witnesses and exhibits at trial, or other appropriate relief, in the discretion of the Commissioner.
Page 15 | J. Trials
The Commissioner’s Report must be filed with the Clerk, who must serve notice of filing and a copy of the Report on all parties who have appeared.
The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy ofthe Report upon all parties who have appeared in the action.
Page 16 | M. Commissioner's Report
The form includes a certificate stating that an exact copy of the Verified Disclosure Statement was mailed or hand-delivered to the specified recipient.
CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:
Page 34 | CERTIFICATE OF SERVICE
Any party may serve written objections to the commissioner’s report on the other parties within ten days after entry of the notice; otherwise, the court may adopt the report.
Within ten (10) days of the entry of this notice, any party may serve written objections to the report upon the other parties . Unless written objection is served by any party on the other parties within ten days after the date of entry of this notice, the court may adopt the report of the commissioner as submitted.
Page 35
The circuit clerk must serve notice of termination on the parties, their attorneys, probation, and parole.
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 11. Involuntary Termination from Mental Health Court
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 12. Voluntary Termination
All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.
All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.
Page 7 | Rule 202. Circuit Court - Motion and Notice
Circuit Court motions before the Presiding Judge must be served on opposing counsel or an unrepresented party.
All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.
Page 7 | Rule 202. Circuit Court - Motion and Notice
A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.
If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.
Page 7 | Rule 202. Circuit Court - Motion and Notice
District Court motions must be served no later than 48 hours before the scheduled hearing when service is in person, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Page 8 | Rule 205. District Court - Motion and Notice
After the report is filed, the Clerk must serve notice of the filing and a copy of the report on every party who has appeared.
The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
Page 10 | Rule 702. Commissioner's Pendente Lite Report
The Clerk's Office must distribute an unredacted copy of each child support order to the child enforcement agency, if applicable, and to the parties.
The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
The redacted copy must be served on the respondents.
The redacted copy shall then be served on the respondents).
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
The Clerk must distribute orders by mail, delivery, or placement in attorneys' assigned receptacles to the persons listed under DISTRIBUTION, and certify the distribution with a check mark, initials, and date.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Page 16 | C. Distribution of Orders
Before voiding a person's participation in pretrial diversion, the court must hold a hearing and provide notice to the Commonwealth and the defendant.
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
Serve a motion on the Court only if its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.
served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).
Page 9 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing
Subpoena service by law-office personnel or a party is considered an assessable cost to the extent the sheriff would be compensated for similar service.
To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.
Page 7 | L. Service of Subpoena by Law Office Personnel or Party
A party may serve written objections or exceptions on the other parties within 10 days after being served notice that the Report was filed.
Within ten (10) days after being served with Notice of the filing of the Report, any party may serve written objections or exceptions thereto upon the other parties
Page 16 | M. Commissioner's Report
Serve the Court with a motion only when its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.
served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).
Page 9
Any party may serve written objections or exceptions on the other parties within 10 days after being served with notice that the Commissioner's Report was filed.
Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.
Page 10 | Rule 702. Commissioner's Pendente Lite Report
Filing Fees and Waivers
A Commissioner-track motion must include a $15 fee, unless the party has in forma pauperis leave; that fee covers the first 15 minutes or portion of the hearing, and remaining hearing fees are due at case conclusion.
In addition, the motion shall be accompanied by a $15.00 Commissioner fee tendered to the Clerk's Office, payable to the Clerk, on behalf of the Commissioner, unless the party has been granted leave to proceed in forma pauperis. This fee, authorized by FCRPP 4(5), shall be applied as the fee for the first 15 minutes or any portion thereof spent in the hearing on the motion. Any remaining fees due for time spent in the hearing shall be due upon the conclusion of the case.
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
The Circuit Clerk does not collect filing fees when the county attorney initiates a paternity or IV-D action on behalf of the Commonwealth.
Whenever the county attorney initiates a paternity action or a IV-D action on behalf of the Commonwealth, the Office of the Circuit Clerk does not collect any filing fees
Page 9 | Rule 5. Paternity and IV-D Actions
A respondent filing a complaint to request custody or time-sharing/visitation must pay the filing fee to the clerk.
and must pay the filing fee to the clerk pursuant to FCRPP 14(2).
Page 9 | Rule 5. Paternity and IV-D Actions
The required fee identified in Appendix 1 must be attached to copies of all motions provided to the Commissioner.
Copies of all motions with attached required fee (Appendix 1) shall be provided to the Commissioner by mailing or delivering same to the Commissioner at his/her office .
Page 12 | C. Motion and Notice
A $15.00 Commissioner's fee must accompany a motion to submit an uncontested action.
Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.
Page 13
The moving party must advance half of the Commissioner’s fees, calculated at $60 per hour for the certified time, and the opposing party must pay its half when the trial date is set.
The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1 and advancement of one-half ( 1/2) of the Commissioner's fees ($60.00 per hour) for the time certified. Opposing party shall pay their one-half ( 1/2) at the time the trial date is set.
Page 15 | I. Trial Dates
A motion to be heard by the Commissioner must be accompanied by a $20 fee.
No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.
Page 17 | N. Commissioner's Fees
Commissioner's fees must be prepaid, and any remaining billing is due upon receipt.
The Commissioner's fees shall be pre-paid to the Commissioner as set forth above. Any remaining billing shall be due upon receipt .
Page 17 | N. Commissioner's Fees
A motion must be accompanied by a $15 Commissioner fee tendered to the Clerk, unless the party has leave to proceed in forma pauperis; remaining hearing fees are due at the conclusion of the case.
In addition, the motion shall be accompanied by a $15.00 Commissioner fee tendered to the Clerk's Office, payable to the Clerk, on behalf of the Commissioner, unless the party has been granted leave to proceed in forma pauperis. This fee, authorized by FCRPP 4(5), shall be applied as the fee for the first 15 minutes or any portion thereof spent in the hearing on the motion. Any remaining fees due for time spent in the hearing shall be due upon the conclusion of the case.
Page 7 | Rule 202. Circuit Court - Motion and Notice
The Circuit Clerk does not collect filing fees for a paternity or IV-D action initiated by the county attorney on behalf of the Commonwealth.
Whenever the county attorney initiates a paternity action or a IV-D action on behalf of the Commonwealth, the Office of the Circuit Clerk does not collect any filing fees
Page 9 | RULE 5. PATERNITY AND IV-D ACTIONS
A respondent filing a complaint for custody or time-sharing/visitation in this situation must pay the filing fee to the clerk.
In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).
Page 9 | RULE 5. PATERNITY AND IV-D ACTIONS
Commissioner's fees are assessed at $15 per quarter hour or part thereof, initially divided equally, and must be paid to the clerk within five days after the last appearance.
C. Commissioner's Fees: In matters involving a hearing, Commissioner's fees shall be assessed to the parties pursuant to FCRPP 4(5) at the rate of $15.00 per quarter hour or part thereof. The Commissioner shall provide counsel or parties, if unrepresented, with a billing at the conclusion of the last court appearance before the Commissioner. Initially, the fees shall be assessed in equal shares to the parties subject to same. However, at the final hearing, either party may move for a modification in the percentages paid. Pursuant to FCRPP 4(5), the parties shall have five days to pay the Commissioner's fees to the clerk following the last appearance in front of the Commissioner. If a payment is not timely paid, the Clerk shall notify the presiding judge who shall require the party to show cause as to why he or she should not be held in contempt.
Page 11 | C. Commissioner's Fees
The referenced person must arrange copies of juror-qualification forms and reimburse the Circuit Clerk at the rate set by court regulations.
juror qualifications forms, shall cause said copies to be made by himself or his representative, and shall reimburse the office ofthe Circuit Clerk therefor at a rate consistent with regulations promulgated by the Kentucky Administrative Office ofthe Courts.
Page 7
Actions involving indigents are heard by the Commissioner without a fee.
All actions involving indigents shall be heard by the Commissioner without a fee.
Page 17 | N. Commissioner's Fees
The Commissioner may apportion fees as appropriate under KRS 403.220.
The Commissioner may apportion fees as appropriate pursuant to KRS 403 .220 .
Page 17 | N. Commissioner's Fees
Courtesy Copy Requirements
Copies of all motions, with the required fee attached, must be mailed or delivered to the Commissioner’s office.
Copies of all motions with attached required fee (Appendix 1) shall be provided to the Commissioner by mailing or delivering same to the Commissioner at his/her office .
Page 12 | C. Motion and Notice
Sealing & Redaction Procedures
Parties must redact statutory or included personal identifiers from other documents, pleadings, and exhibits in accordance with Civil Rule 7.03(1)(b).
In any other documents, pleadings, or exhibits where personal identifiers are required by statute or are contained therein, the parties shall redact the personal identifiers in accordance with Civil Rule 7.03(1)(b).
Page 15
Access to specified unredacted sealed petitions and child support orders is limited to the listed parties, attorneys, court staff, and judges.
The Circuit Clerk shall allow the unredacted sealed copies of the petition for dissolution of marriage, the petition for custody and/or time-sharing/visitation, and the child support order to be accessed only by a party to the case, an attorney of record in the case, the staff of an attorney of record in the case, a judge of the court, and/or the judge's staff.
Page 15
Child support orders must be sealed pursuant to directions given to the Circuit Clerk's Office.
In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the "DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).
Page 15
For specified petitions requiring statutory personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
Whenever personal identifiers are required by statute to be identified in the petition for dissolution of marriage or the petition for custody and/or time-sharing/visitation, the parties shall comply with Civil Rule 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.
Page 15
Child support orders must be sealed as directed to the Circuit Clerk's Office.
4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the 'DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
Parties must redact personal identifiers in other documents, pleadings, or exhibits when required by statute or present in the material.
6. In any other documents, pleadings, or exhibits where personal identifiers are required by statute or are contained therein, the parties shall redact the personal identifiers in accordance with Civil Rule 7.03(1)(b).
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
Access to the specified unredacted sealed documents is limited to the parties, their attorneys and staff, and the judge and the judge's staff.
5. The Circuit Clerk shall allow the unredacted sealed copies of the petition for dissolution of marriage, the petition for custody and/or time-sharing/visitation, and the child support order to be accessed only by a party to the case, an attorney of record in the case, the staff of an attorney of record in the case, a judge of the court, and/or the judge's staff.
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
For the specified petitions, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope when statutes require personal identifiers.
3. Whenever personal identifiers are required by statute to be identified in the petition for dissolution of marriage or the petition for custody and/or time-sharing/visitation, the parties shall comply with Civil Rule 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.
Page 15 | Rule 9. Miscellaneous Rules Relating to Family Practice
Mental Health Court proceedings must be confidential and closed unless the Mental Health Court judge authorizes otherwise.
Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.
Criminal cases
Page 12 | Section 17. Confidentiality
Mental Health Court team members must comply with state and federal confidentiality laws governing treatment information.
Mental Health Court team members shall comply with state and federal confidentiality laws regarding treatment information.
Criminal cases
Page 12 | Section 17. Confidentiality
Staffings must be confidential and non-team members may attend only when extraordinary circumstances warrant it, the judge approves, and they first sign a confidentiality agreement.
Mental Health Court staffing shall be confidential and non-team members shall not attend absent extraordinary circumstances. If there is an extraordinary need for a non-team member of attend, upon approval by the Mental Health Court judge, the non-team member shall be allowed to attend the staffing, but only after signing a confidentiality agreement.
Criminal cases
Page 12 | Section 15. Mental Health Court Staffing
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Criminal cases
Page 12 | Section 17. Confidentiality
Pre-Motion Conference Requirements
A party may not file a motion for mediation until that party has filed their VDS.
No motion for mediation may be filed by a party until such time as their VDS has been filed.
Page 14 | E. Contested Actions for Divorce or Legal Separation
Adjournment & Extension Requirements
After a case is set for trial, continuances are granted reluctantly and only for extraordinary reasons.
Once a case is set for trial, continuances will be reluctantly granted by the Court and only for extraordinary reasons .
Page 4 | CHAPTER I — GENERAL
Chambers Communication Rules
The Commonwealth must request a criminal record check from AOC Pretrial Services by telephone or fax.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669.
Criminal cases
Page 3 | Procedure
Do not send criminal record check requests to the local Pretrial Services Officer.
DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | Procedure
A party requesting a transcript must timely notify the Court Reporter of the date it is needed.
Any party desiring a transcript shall timely notify the Court Reporter of the date by which said transcript is needed.
Page 6 | J. Copies To Be Sent to Court Reporter
If an action set for trial settles, the parties must immediately notify the Office of the Circuit Clerk.
When any action which is set for trial is settled, the parties shall immediately notify the Office of the Circuit Clerk of this fact
Page 6 | I. Settled Cases
The Commonwealth must request a criminal record check by phone or fax using the listed AOC contact information and must not send the request to the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669. DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | III. Procedure
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours, or the authorized agencies or officers after hours.
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 5 | Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk’s Office during regular business hours, or the authorized agencies or officers after hours.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 6 | IV. Contempt Proceedings
The Circuit Clerk's Office must be notified when a case is ready for the Court to take under submission.
The Office of the Circuit Clerk shall be notified when a case is ready for the Court to take it under submission.
Page 4 | CHAPTER I — GENERAL
Protective orders may be received by electronic mail.
Said Orders may be received by electronic mail or by facsimile reproduction.
Page 3 | Twenty-four Hour Accessibility
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours.
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours.
Page 21 | m. Contempt Proceedings
After regular business hours, a petitioner seeking to initiate contempt proceedings should contact the agencies or officers authorized in the protocol.
If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 21 | m. Contempt Proceedings
Petitioners should contact the Circuit Clerk's Office during regular business hours to initiate contempt proceedings, and the authorized agencies or officers after hours.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 22 | IV. Contempt Proceedings