Court Rules

Laurel Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Brief
25 pgs

Courtesy Copies

Copies of Cited Cases

Filters:

Page & Word Limits2 rules

Page LimitsMandatory

Briefs for motions going to the merits are limited to 25 pages for the motion memorandum and response and 5 pages for a reply memorandum.

Supporting brief
Up to 25 pages
Opposition brief
Up to 25 pages
Reply brief
Up to 5 pages
Applies to
  • Motions going to the merits

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.

C27LOCALRULES · May 2013 · p. 11
|SectionRULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION
Page LimitsMandatory

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.

Brief
Up to 25 pages
Reply brief
Up to 5 pages
C27LOCALRULES · May 2013 · p. 14
|SectionRULE 13. MOTIONS, PLEADINGS, AND BRIEFS

Document Format Requirements6 rules

FormattingMandatory

In no event shall a tendered or proposed order or judgment contain the letterhead of a law firm on the judgment or order.

C27LOCALRULES · May 2013 · p. 13
|SectionRULE 11. ENTRY OF ORDERS AND JUDGMENTS
FormattingMandatory

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
Applies to
  • Motion
  • Pleading
  • Order

Formatting

  • Legal descriptions of real property are excepted from the double-spacing requirement
  • Orders must not contain counsel's letterhead in any margin

Exception

Legal descriptions heavier, white, opaque, unglazed paper, 8 ½ by 11 inches

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 13. MOTIONS, PLEADINGS, AND BRIEFS
FormattingMandatory

The Circuit Court Clerk is to file only original drafts of pleadings;

Applies to
  • Pleading

Formatting

  • Only original drafts of pleadings are to be filed
C27LOCALRULES · May 2013 · p. 14
|SectionRULE 13. MOTIONS, PLEADINGS, AND BRIEFS
FormattingMandatory

E. If a copy of any pleading is filed with the Clerk that is intended to be a copy for the court to review, the front page of the pleading shall be stamped "COURT COPY" or "JUDGE'S COPY."

C27LOCALRULES · May 2013 · p. 15
|SectionRULE 13. MOTIONS, PLEADINGS AND BRIEFS
FormattingMandatory

Petitions seeking protection under KRS Chapters 403 and 456 must use form AOC-275.1.

Applies to
  • Petition

Formatting

  • Petitions must be made on form AOC-275.1.

Court's wording

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.

C27DVPROTOCOL · May 2016 · p. 2
|SectionI. Uniform Protocol for Processing Cases
FormattingMandatory

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

C27FAMILYRULES · Nov 2016 · p. 11
|SectionI. Uniform Protocol for Processing Cases

Document Filing Requirements47 rules

Filing RequirementsMandatory

Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain court permission and prepare and file the listed appellate 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.

C27LOCALRULES · May 2013 · p. 9
|SectionRULE 7. WITHDRAWAL OF ATTORNEYS IN CRIMINAL CASES
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 10
|SectionRULE 8. CRIMINAL PROCEEDINGS
Filing RequirementsMandatory

A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference.

C27LOCALRULES · May 2013 · p. 10
|SectionRULE 9. CIVIL PRETRIAL CONFERENCES AND TRIALS
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 11
|SectionRULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 11
|SectionRULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION
Filing RequirementsMandatory

The notice shall specify the date, time, and place for the hearing.

C27LOCALRULES · May 2013 · p. 11
|SectionRULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION
Filing RequirementsMandatory

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
C27LOCALRULES · May 2013 · p. 12
|SectionRULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION
Filing RequirementsMandatory

When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

C27LOCALRULES · May 2013 · p. 13
|SectionRULE 11. ENTRY OF ORDERS AND JUDGMENTS
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 13
|SectionRULE 11. ENTRY OF ORDERS AND JUDGMENTS
Filing RequirementsMandatory

Counsel for all parties must attest that an order or judgment conforms to the ruling or opinion; if the affected 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.

C27LOCALRULES · May 2013 · p. 13
|SectionRULE 11. ENTRY OF ORDERS AND JUDGMENTS
Filing RequirementsMandatory

Proposed Orders shall not be filed or submitted with a motion, unless requested by the Court.

C27LOCALRULES · May 2013 · p. 13
|SectionRULE 11. ENTRY OF ORDERS AND JUDGMENTS
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 12. DEFAULT JUDGMENTS
Filing RequirementsMandatory

A party seeking a judgment by default under CR 55.01 shall file a written motion therefore.

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 12. DEFAULT JUDGMENTS
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 13. MOTIONS, PLEADINGS, AND BRIEFS
Filing RequirementsMandatory

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."

C27LOCALRULES · May 2013 · p. 15
|SectionRULE 16. PROCEDURE ON RULES FOR CONTEMPT
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 15
|SectionRULE 14. ANSWERING AND FILING INTERROGATORIES OR REQUESTS
Filing RequirementsMandatory

Before submission to the Court, covered judgments or orders and the record must be submitted to the Master Commissioner for certification; the Commissioner then submits them 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.

C27LOCALRULES · May 2013 · p. 18
|SectionRULE 23. JUDICIAL SALES
Filing RequirementsMandatory

(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.

C27LOCALRULES · May 2013 · p. 18
|SectionRULE 20. MEDIATION
Filing RequirementsMandatory

(4) 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.

C27LOCALRULES · May 2013 · p. 18
|SectionRULE 20. MEDIATION
Filing RequirementsMandatory

If an appraisal is required by order or statute, the Master Commissioner must obtain the specified appraisals before the sale and file the written appraisals as part of the record.

Court's wording

Before conducting a sale, if required by order or statute, the Master Commissioner shall have the property appraised by two intelligent, disinterested housekeepers of Laurel or Knox County, who are not related to any parties to the action. The Appraisers shall be sworn by the Master Commissioner before making such appraisals and they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record.

C27LOCALRULES · May 2013 · p. 19
|SectionD. TERMS AND CONDITIONS OF SALE
Filing RequirementsMandatory

Orders or judgments directing a sale or deed must identify the property, whose interest is affected, 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.

C27LOCALRULES · May 2013 · p. 19
|SectionC. ORDERS OF SALE AND/OR DELIVERY OF DEED
Filing RequirementsMandatory

An order confirming the sale, with copies, must be submitted to the Court if 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.

C27LOCALRULES · May 2013 · p. 20
|SectionE. CONFIRMATION OF REPORT OF SALE
Filing RequirementsMandatory

The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale.

C27LOCALRULES · May 2013 · p. 20
|SectionE. CONFIRMATION OF REPORT OF SALE
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 20
|SectionH. ORDERS OF DISTRIBUTION
Filing RequirementsMandatory

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.

C27LOCALRULES · May 2013 · p. 20
|SectionD. TERMS AND CONDITIONS OF SALE
Filing RequirementsMandatory

If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.

C27LOCALRULES · May 2013 · p. 20
|SectionH. ORDERS OF DISTRIBUTION
Filing RequirementsMandatory

A. An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner.

C27LOCALRULES · May 2013 · p. 21
|SectionRULE 24. HEARINGS BEFORE THE MASTER COMMISSIONER
Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatory

B. The parties shall attend mediation.

Filing RequirementsMandatory

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.

C27FAMILYRULES · Nov 2016 · p. 6
|Section701. Preliminary Verified Disclosure Statement
Filing RequirementsMandatory

A. If ordered, the parties shall engage in mediation unless the exceptions under KRS 403.036 apply.

Filing RequirementsMandatory

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.

C27FAMILYRULES · Nov 2016 · p. 7
|SectionD. Reporting to the Court
Filing RequirementsMandatory

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.

C27FAMILYRULES · Nov 2016 · p. 8
|Section904. Protection of Personal Identifiers
Filing RequirementsMandatory

When a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge can hear the matter.

Court's wording

E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.

C27FAMILYRULES · Nov 2016 · p. 13
|SectionDomestic Violence Protocol
Filing RequirementsMandatory

[Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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.]

C27FAMILYRULES · Nov 2016 · p. 13
|SectionDomestic Violence Protocol
Filing RequirementsImportant

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.

C27LOCALRULES · May 2013 · p. 12
|SectionRULE 10. MOTIONS IN CIVIL CASES, C. AGREED ORDERS
Filing RequirementsImportant

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.

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 12. DEFAULT JUDGMENTS
Filing RequirementsImportant

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.

C27LOCALRULES · May 2013 · p. 15
|SectionRULE 16. PROCEDURE ON RULES FOR CONTEMPT
Filing RequirementsImportant

(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.

C27LOCALRULES · May 2013 · p. 18
|SectionRULE 20. MEDIATION
Filing RequirementsImportant

At the conclusion of mediation, the mediator must report that the process ended and, if no agreement was reached, report that fact without comment or recommendation; identifying additional settlement-related matters is permitted with the parties’ consent.

Court's wording

(5) At the conclusion of cases accepted for mediation, the mediator will report to the Court 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.

C27LOCALRULES · May 2013 · p. 18
|SectionRULE 20. MEDIATION
Filing RequirementsImportantCriminal cases

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

Filing RequirementsImportant

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.

C27FAMILYRULES · Nov 2016 · p. 7
|SectionD. Reporting to the Court
Filing RequirementsNote

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.

C27LOCALRULES · May 2013 · p. 12
|SectionRULE 10. MOTIONS IN CIVIL CASES, C. AGREED ORDERS
Filing RequirementsNote

The motion need not appear on the motion docket and no notice need be given the party against whom judgment by default is sought.

C27LOCALRULES · May 2013 · p. 14
|SectionRULE 12. DEFAULT JUDGMENTS
Filing RequirementsNote

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.

C27FAMILYRULES · Nov 2016 · p. 6
|Section701. Preliminary Verified Disclosure Statement
Filing RequirementsMandatoryCriminal cases

A diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the specified restrictions on the defendant’s conduct.

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.

C27PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. Order of Pretrial Diversion

Filing & Service rules

Electronic Filing Rules

Facsimile transmissions, electronic submissions, and xerox copies are not accepted or filed as originals unless a sitting Circuit Judge 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;

Page 14 | RULE 13. MOTIONS, PLEADINGS, AND BRIEFS

Filing Timing and Cure Windows

A response 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

Non-ex parte written motions and hearing notices must be filed with the Clerk at least five days before the hearing, unless a different 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

Motions going to the merits must be filed at least 10 days before motion hour.

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

Page 11 | RULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION

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

Motions must be filed with the Clerk at least five days before the hearing; noncompliant motions 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 | RULE 20. MEDIATION

The Report of Sale and Cost of Sale must be filed after the sale is made.

The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale.

Page 20 | E. CONFIRMATION OF REPORT OF SALE

If no objections are filed, the sale is deemed confirmed ten days after the report is filed, and an order confirming the sale with copies must 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

An eligible person may apply for pretrial diversion after indictment, but no later than 30 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 must review protective-order petitions immediately upon filing, and petitions should be reviewed within an hour of presentation unless a judge or trial commissioner is unavailable.

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 a judge or trial commissioner being unavailable.

Page 2 | I. Uniform Protocol for Processing Cases

In Knox Circuit cases, a motion must be filed by Tuesday of the week before its hearing.

Every motion to be heard shall be filed with the Clerk by Tuesday the week before the motion is to be heard.

Page 5 | 203. Deadlines for Serving and Filing Motions — KNOX

In Laurel Circuit cases, a motion must be filed by Monday of the week before its 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.

Page 5 | 203. Deadlines for Serving and Filing Motions — LAUREL

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 a judge or trial commissioner being unavailable.

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 a judge or trial commissioner being unavailable.

Page 11 | I. Uniform Protocol for Processing Cases

Service and Proof of Service Rules

When service is required by CR 77.04, counsel preparing an order or judgment must provide the Clerk with 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

An order cannot come on for hearing unless an officer authorized to serve a summons has served it on the person named in the order.

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.

Page 15 | RULE 16. PROCEDURE ON RULES FOR CONTEMPT

An ex parte order may not be heard sooner than 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

If the property is withdrawn from sale or the defendant property owner files for bankruptcy relief, the sale must be canceled and the Commissioner must give notice of the cancellation.

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.

Page 20 | F. CANCELLATION OF SALE

The Court may void a person’s participation in diversion only after a hearing and notice to the Commonwealth and the defendant, upon the stated showing.

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

Contempt motions must be filed and served in the same manner as other non-emergency motions.

G. Contempt motions shall be filed and served as all other non-emergency motions.

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.

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.

Page 5 | 203. Deadlines for Serving and Filing Motions — KNOX

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

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

Courtesy Copy Requirements

Legal briefs must be filed with the Clerk, while copies of cited cases must not be filed and instead must be placed in the Judge's basket with a copy of the brief.

D. Legal briefs shall be filed of record in the Clerk's office. Copies of cases cited therein shall NOT be filed, but shall be placed in the Judge's basket along with a copy of the legal brief.

Page 15 | RULE 13. MOTIONS, PLEADINGS AND BRIEFS

Sealing & Redaction Procedures

Mediation documents and communications are confidential, generally not discoverable or admissible, except for the agreements to mediate and mediation agreement or when the Court orders otherwise 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 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.

Page 7 | C. Confidentiality

Mediation proceedings are not public records.

Mediation proceedings shall not be considered a public record.

Page 7 | C. Confidentiality

A copy of audio or video from a confidential proceeding may be provided only to a party or attorney of record after a motion and hearing; the text does not identify who must conduct the hearing.

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

Page 8 | 903. Copy of Record of Confidential Proceedings

When filed materials contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is limited 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.

Page 8 | 904. Protection of Personal Identifiers

The mediation confidentiality and disclosure restrictions do not apply to the extent that all parties consent in writing, the mediator learns of suspected abuse or neglect, or the communications further a crime or fraud.

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.

Page 7 | C. Confidentiality

Pre-Motion Conference Requirements

Before filing a discovery-compulsion, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.

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, which may include 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 | RULE 20. MEDIATION

Adoption and termination-of-parental-rights final hearings must be set for a date certain, which may be obtained by contacting chambers.

Final hearings in adoption and termination of parental rights cases shall be scheduled and heard by the Court on a date certain. Dates may be obtained by contacting the Family Court Judge's chambers.

Page 6 | Rule 3. Adoptions / Termination of Parental Rights

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 7 | D. Reporting to the Court

At the end of an accepted mediation, the mediator must report that the process has ended and must also report any matter for which the parties reached no agreement.

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.

Page 8 | D. Reporting to the Court

For the specified transferred or specially assigned cases, contact the appropriate judge’s office to obtain 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

Petitioners seeking to initiate contempt proceedings should contact the circuit clerks or victim's advocates in Laurel or Knox County.

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

The monthly Family Court schedule may be obtained by contacting the Family Court Judge's Office or using the specified court 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

Page 5 | 204. Court Calendars

A copy of the visitation guidelines may be obtained from the Family Court Judge's office or the Knox/Laurel Family Court webpage.

A copy of the Knox/Laurel visitation guidelines are attached hereto as Appendix B. A copy may be obtained by contacting Family Court Judge's office or on the Knox/Laurel Family Court webpage on the Kentucky Court of Justice website.

Page 8 | 902. Timesharing Guidelines

Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerks or their sworn deputies, or the victim's advocates, in Laurel or Knox County.

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 13 | IV. Contempt Proceedings

Common questions about Laurel Circuit Court rules

Are courtesy copies required in Laurel Circuit Court?

Courtesy-copy rule applies for copies of cited cases. Legal briefs must be filed with the Clerk, while copies of cited cases must not be filed and instead must be placed in the Judge's basket with a copy of the brief.

View ruleSource: page 15, section RULE 13. MOTIONS, PLEADINGS AND BRIEFS

Does Laurel Circuit Court require a pre-motion conference or letter before filing a motion?

Before filing a discovery-compulsion, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.

View ruleSource: page 11, section RULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION

What page or word limits apply to brief in Laurel Circuit Court?

Laurel Circuit Court's rule states these limits: 25 pages; 25 pages; 5 pages. Briefs for motions going to the merits are limited to 25 pages for the motion memorandum and response and 5 pages for a reply memorandum.

View ruleSource: page 11, section RULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION

What formatting rules apply to filings in Laurel Circuit Court?

Laurel Circuit Court's formatting rule includes only original drafts of pleadings are to be filed.. The Circuit Court Clerk is to file only original drafts of pleadings.

View ruleSource: page 14, section RULE 13. MOTIONS, PLEADINGS, AND BRIEFS

What must be included with criminal appeal withdrawal filings in Laurel Circuit Court?

Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain court permission and prepare and file the listed appellate documents, when applicable.

View ruleSource: page 9, section RULE 7. WITHDRAWAL OF ATTORNEYS IN CRIMINAL CASES

What must be included with criminal pretrial filings in Laurel Circuit Court?

The attorney appearing for a defendant at arraignment must attend the pretrial conference and submit the written motions expected to be offered in the case.

View ruleSource: page 10, section RULE 8. CRIMINAL PROCEEDINGS

How may parties contact Laurel Circuit Court?

The Clerk of the Court must be notified immediately when a motion is to be passed.

View ruleSource: page 12, section RULE 10. MOTIONS IN CIVIL CASES, B. DOCKETING AND APPEARANCES

How does Laurel Circuit Court handle sealed or redacted filings?

Mediation documents and communications are confidential, generally not discoverable or admissible, except for the agreements to mediate and mediation agreement or when the Court orders otherwise for good cause.

View ruleSource: page 7, section C. Confidentiality

How do I request an adjournment or extension in Laurel Circuit Court?

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.

View ruleSource: page 12, section RULE 10. MOTIONS IN CIVIL CASES, B. DOCKETING AND APPEARANCES

Is electronic filing required in Laurel Circuit Court?

No. Electronic filing is prohibited for the covered filings. Facsimile transmissions, electronic submissions, and xerox copies are not accepted or filed as originals unless a sitting Circuit Judge permits them.

View ruleSource: page 14, section RULE 13. MOTIONS, PLEADINGS, AND BRIEFS

Are filing fees or waivers addressed in Laurel Circuit Court?

(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

View ruleSource: page 18, section RULE 23. JUDICIAL SALES

What filing deadlines apply to written motion and notice of hearing filings in Laurel Circuit Court?

Non-ex parte written motions and hearing notices must be filed with the Clerk at least five days before the hearing, unless a different period applies under a rule, statute, or court order.

View ruleSource: page 11, section RULE 10. MOTIONS IN CIVIL CASES, A. FORM OF MOTION

What rule applies to court service for the clerk in Laurel Circuit Court?

Details: method: court service, recipient: the clerk. When service is required by CR 77.04, counsel preparing an order or judgment must provide the Clerk with enough copies and properly addressed, stamped envelopes to complete service.

View ruleSource: page 13, section RULE 11. ENTRY OF ORDERS AND JUDGMENTS
Complete rules summary for Laurel Circuit Court

Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain court permission and prepare and file the listed appellate documents, when applicable.

The attorney appearing for a defendant at arraignment must attend the pretrial conference and submit the written motions expected to be offered in the case.

A party seeking assignment of a civil jury trial date must file a motion for a pre-trial conference.

Non-ex parte written motions and hearing notices must be filed with the Clerk at least five days before the hearing, unless a different period applies under a rule, statute, or court order.

A hearing notice must specify the hearing date, time, and place.

Briefs for motions going to the merits are limited to 25 pages for the motion memorandum and response and 5 pages for a reply memorandum.

Motions going to the merits must be filed at least 10 days before motion hour.

A motion going to the merits must include a memorandum stating its grounds and citing the authorities relied upon.

A party properly served with a motion and supporting memorandum must file a response memorandum stating the grounds of opposition and citing supporting authorities.

A response must be filed at least 72 hours before the hearing time specified in the notice.

The response deadline may be extended on oral or written motion for good cause, which may include the motion’s and supporting memorandum’s length and complexity.

A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.

Before filing a discovery-compulsion, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.

A discovery motion must include counsel’s certification that they conferred and could not resolve the dispute, detailing their resolution attempts.

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.

The Clerk of the Court must be notified immediately when a motion is to be passed.

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand; the order must state its basis.

Parties may resolve a discovery dispute out of court by submitting an agreed order signed by counsel for all affected parties; no supporting motion or Motion Docket placement is necessary.

Do not file or submit a proposed order with a motion unless the Court requests it.

Counsel for all parties must attest that an order or judgment conforms to the ruling or opinion; if the affected party is unrepresented or its counsel declines to attest, that fact must be endorsed on the document.

After the Judge signs an order or judgment, it must be delivered to the Clerk for entry.

When service is required by CR 77.04, counsel preparing an order or judgment must provide the Clerk with enough copies and properly addressed, stamped envelopes to complete service.

Counsel may waive service of an order or judgment and notice of its 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.

A tendered or proposed order or judgment must not contain a law firm's letterhead.

A party seeking default judgment under CR 55.01 must file a written motion.

A default-judgment motion should certify service of process and that the opposing party served no papers on the moving attorney, and should state whether the opposing party is in military service.

A default-judgment motion need not appear on the motion docket, and the party against whom default judgment is sought need not receive notice.

The party seeking default judgment must place the entire case record, the motion, and a proposed judgment in the appropriate division's orders/judgment basket in the Clerk's office.

An attorney or self-represented party must sign all pleadings, motions, and other such documents presented to the Circuit Court Clerk.

More Judges in Laurel Circuit Court

Gregory A. Lay
Judge
Lucas M. Joyner
Judge
Michael O. Caperton
Judge
Stephen M. Jones
Judge