Lee County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Fax
Document Format Requirements3 rules
Protective-order petitions under KRS Chapter 403 or Chapter 456 must use form AOC-275.1 and be accepted and filed with the court.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
Attorneys must print pleadings and motions sent to the Circuit Clerk or opposing counsel only on the front side, except for forms prepared by AOC.
Court's wording
When sending pleadings and motions to the Circuit Clerk and to opposing counsel, attorneys shall prepare such documents to comport with the Rules of Civil Procedure and shall print only on the front side of the paper. With the exception of forms prepared by AOC, no pleadings or motions sent to the Circuit Clerk or to opposing counsel shall be printed on both the
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.
Document Filing Requirements36 rules
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Protective-order petitions under KRS Chapter 403 or Chapter 456 must be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 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.
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.
Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.
All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.
A written hearing notice must state the hearing’s time, place, and purpose.
Court's wording
(1) No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.
In such cases, proof of attendance must be submitted before the case is assigned for final hearing.
Agreements filed of record must be signed by both parties and acknowledged by an authorized person; counsel must also sign when a party is represented.
Court's wording
All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.
Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.
A default-judgment motion must identify whether the requested relief is in rem or in personam and include the specified proposed judgment, certificate, proof, and affidavits.
Court's wording
The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.
Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment.
At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;
The caption to all Orders shall state the exact nature of the order, such as, for example, Order of Dismissal, Order Fixing Temporary Maintenance, Order Directing Answering of Interrogatories, etc.
- Document
- Order
- Placement
- Caption
written objections thereto including a time for a Hearing scheduled pursuant to these Rules
If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:
The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same
- Document
- Proposed order or judgment
Must include
- •Certificate of service
All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.
such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.
The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties
- Document
- Initial order or judgment
- Placement
- Caption
The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.
shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.
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.
If a case is settled during mediation, the 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.
- Document
- Settlement order
Must include
- •Reflecting the fact of settlement
In applying for pre-trial 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's Attorney shall make a recommendation to the Court in writing in response to each petition.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The reviewing judge must indicate in the petition’s Court Action section which type of protective-order action resulted.
Court's wording
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.
In applying for pre-trial 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 .
Make recommendations to the Court in writing of conditions for pre-trial diversion .
A diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation & Parole rules, and the specified offense-related and other conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & 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 pre-trial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .
If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.
In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.
Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;
The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .
Filing & Service rules
Electronic Filing Rules
Facsimile copies of Orders and Judgments may be submitted to the Clerk and are entered like originals received by mail.
(a) Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail.
Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS
Filing Timing and Cure Windows
The court must review protective-order petitions immediately upon filing and must not send petitioners away or leave them waiting for extended periods.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.
All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.
Page 4 | RULE 205. MOTION DOCKET
Recommendations in contested cases must be filed within 90 days after the hearing, unless the Circuit Judge extends the deadline for good cause by order.
The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.
Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE
Recommendations in uncontested cases must be filed within 30 days after the hearing.
The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case
Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE
For matters submitted on motion, petitioner’s proof begins only after the answer-filing period expires and must be completed within four weeks; respondent then has four weeks, petitioner has two weeks for rebuttal, and the case is submitted at the next regular Motion Hour/Rule Day.
In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter. The Respondent shall complete his/her proof within the following four (4) weeks. The Petitioner shall then have two (2) weeks in which to complete any rebuttal. The case shall then stand for submission at the next regular Motion Hour/Rule Day.
Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS
Written objections to a proposed Order or Judgment must be filed within ten days after service to prevent it from being signed and entered.
the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.
Page 15
Facsimile copies of Orders and Judgments are entered upon receipt and treated for legal purposes as originals entered at that time; the Clerk attaches the original when it arrives.
(a) Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt. Upon receipt of the original, the Clerk will attach it to the facsimile copy already of record. (b) The appropriately marked and entered facsimile copy will for all legal requirements be considered the same as if the original had been entered at that time.
Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS
Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.
Motions to suppress evidence and any other Motions by either the Defendant or the Commonwealth that require a hearing in criminal cases shall be noticed to be heard at least 30 days before trial on a regular Motion Hour/Rule Day unless waived in the discretion of the Court for just cause.
Page 18 | RULE 1502. PRETRIAL MOTIONS
The joint statement must be submitted within 30 days after mediation terminates.
This statement shall be submitted within thirty (30) days of the termination of mediation.
Page 21 | RULE 1805. REPORTING TO THE COURT
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.
Page 22 | RULE 1903. PROCEDURE
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 26 | Uniform Protocol for Handling Cases
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .
Criminal cases
Page 2 | III. PROCEDURE
Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless none is available.
F. 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
An Agreed Order must be submitted to the Clerk before the Motion Docket call to excuse counsel from attending.
If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.
Page 5 | RULE 209. AGREED ORDERS
The order or judgment will be entered after ten days from tendering the original to the Judge, unless written objections are filed and served or the Court, for good reason, declines entry.
After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.
Page 14 | RULE 1102(b)
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.
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 26 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods defined in CR 5.02.
Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. "Service" shall be by the methods defined in CR 5.02.
Page 4 | RULE 206. SERVICE OF MOTIONS
A copy of each filed motion must be served on the presiding Judge.
A copy of cach Motion filed shall be served upon the presiding Judge.
Page 4 | RULE 206. SERVICE OF MOTIONS
The requesting party must serve the adverse party written notice stating the hearing’s time, place, and purpose at least seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.
(1) No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.
Page 8 | RULE 5. DOMESTIC RELATIONS PRACTICE, RULE 501(c)(1)
Final Verified Disclosure Statements must be provided to opposing counsel or a pro se party within 30 days after a motion for hearing is filed, unless the hearing is set within that period, in which case disclosure is at the Court's order.
AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court.
Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS
Objections to the preliminary disclosure statements must be exchanged 20 days thereafter.
Objections thereto shall be exchanged 20 days thereafter,
Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS
Notice of a general docket call must be posted conspicuously in the Clerk's office and mailed to every attorney of record in each case to be called.
Notice of general calls of the docket shall be given by posting a notice thereof in a conspicuous place in the Clerk's office and by mailing to all attorneys of record in each case to be called a copy of such notice.
Page 11 | RULE 701. CALLS OF DOCKETS
In contested dissolution actions, the parties must exchange Preliminary Verified Disclosure Statements within 45 days after service of the petition on the respondent.
Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent.
Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS
To prevent entry of the order or judgment, the objecting party must file and serve written objections on all parties and the Court.
have been filed and served upon all parties and the Court by the objecting party
Page 14 | RULE 1102(b)
A copy of the tendered order or judgment must be served on counsel for all parties.
with service of a copy of same upon counsel for all parties
Page 14 | RULE 1102(b)
A motion to withdraw as attorney of record must be served on the party as provided by CR 5.
Such motion shall be served on the party as provided by CR 5.
Page 18 | RULE 1602. WITHDRAWAL AS COUNSEL
The Clerk must serve the Master Commissioner with any Order or Judgment involving or requiring the Commissioner's action.
All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk
Page 19 | RULE 1701. SERVICE UPON MASTER COMMISSIONER
A pre-trial diversion petition must be accompanied by notice to the Commonwealth’s Attorney; the method of notice is not specified.
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.
Page 22 | RULE 1903. PROCEDURE
A person petitioning for pre-trial diversion must give notice to the Commonwealth's Attorney.
An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .
Criminal cases
Page 2 | III. PROCEDURE
In personal-injury tort actions, parties must be prepared to exchange discoverable medical reports, medical bills, and evidence of special damages.
In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure.
Page 13 | RULE 1003
Filing Fees and Waivers
Fees for the parent’s education clinic must be paid as provided by FCRPP 6(4).
(5) Fees for the parent's education clinic shall be paid as set by FCRPP 6(4).
Page 8 | RULE 5. DOMESTIC RELATIONS PRACTICE, RULE 501(c)(5)
Pre-Motion Conference Requirements
Moving counsel may submit a supporting statement or memorandum, and a properly served party may respond with supporting authorities by the hearing time specified in the notice; failure to respond on time may be grounds to deny leave to file a late response.
Moving counsel may also accompany any Motion with a brief written Statement or file a Memorandum of Law supporting said Motion. Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion. Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.
Page 5 | RULE 208. CITATION OF AUTHORITIES WITH MOTIONS
Adjournment & Extension Requirements
Scheduled trials, pre-trial conferences, and motion hearings proceed at the specified time and date unless the Court exercises its discretion or orders a continuance on good cause shown.
All cases set for Trial, Pre-Trial Conference, or Hearing on Motion shall be heard at the time and date specified unless by discretion of the Court or Order on good cause shown same are continued.
Page 15 | RULE 1201. WHEN MATTERS ARE TO BE TRIED OR HEARD
Counsel are urged, but not required, to use Agreed Orders reasonably when seeking or granting extensions of time to plead or otherwise defend.
All counsel are urged to adopt a reasonable use of Agreed Orders for purposes of obtaining and granting extensions of time, to plead, or otherwise defend.
Page 5 | RULE 209. AGREED ORDERS
Chambers Communication Rules
If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday of the preceding week.
In the event that a particular case is settled, in whole or in part, at any time prior to trial by jury, the attorneys of record shall contact the Court and so advise the Court by no later than 4:00 P.M. on Wednesday of the week preceding the trial.
Page 15 | RULE 1202. JURY TRIALS
If the Court asks counsel about an objection, it will hear counsel outside the Jury's presence, and counsel must not discuss the objection in the Jury's presence.
provided, however, if the Court asks counsel about the point of his objection, the Court will hear counsel out of the hearing of the Jury, and no counsel shall make any statement in the hearing of the Jury concerning such objection made.
Page 16 | RULE 1304. OBJECTING TO QUESTION OR EVIDENCE
An attorney may approach the bench during trial only after obtaining the Court's permission.
No attorney participating in the Trial of a case shall approach the bench during the Trial without first obtaining permission of the Court.
Page 16 | RULE 1301. APPROACHING THE BENCH
Before making a recommendation, the Commonwealth's Attorney must arrange a criminal-record check by calling AOC Pretrial Services or faxing the request to the listed numbers, 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
Counsel must make trial objections without further comment, but may ask to be heard.
Counsel objecting to evidence or any other matter during the Trial will make his/her objection, without saying more (except that counsel may seek to be heard)
Page 16 | RULE 1304. OBJECTING TO QUESTION OR EVIDENCE
After an objection, counsel must await the Court's ruling without comment or continuing with the trial.
all counsel to the Trial will await the Court's ruling without comment or proceeding further with the Trial
Page 16 | RULE 1304. OBJECTING TO QUESTION OR EVIDENCE
At the conclusion of an accepted mediation, the mediator will report to the Court that the process has ended.
At the conclusion of cases accepted for mediation, the mediator will report the fact that the mediation process has ended.
Page 21 | RULE 1805. REPORTING TO THE COURT
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 21 | RULE 1805. REPORTING TO THE COURT
Before recommending on a petition, the Commonwealth’s Attorney must obtain a criminal-record check by contacting AOC Pretrial Services by telephone or fax; the fax details continue beyond this excerpt.
Before making a recommendation to the Court, the Commonwealth's Attorney shall: (1) Have a criminal record check made by telephoning Pretrial Services at the Administrative Office of the Courts (AOC) at 1-800-928-6381 or faxing the request to
Page 22 | RULE 1903. PROCEDURE
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the EPO/DVO was issued.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.
Page 4 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the EPO or DVO was issued.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.
Page 28 | IV. Contempt Proceedings