Leslie County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements5 rules
Protective-order petitions under KRS Chapters 403 and 456 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 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.
All pages of all legal papers shall be numbered at the bottom center of each page.
Orders may be submitted to the court as to any motion, and if so shall be typed separately on plain, letter-size paper and shall accompany the copy of the motion served on the court or be presented to the court at the hearing of the motion.
- Paper size
- Letter
- Order
All motions shall be separately paragraphed and separately numbered.
- Motion
Formatting
- •Separate motions into paragraphs and number the paragraphs separately
5. Proposed findings of fact, conclusions of law and final decrees in original form, shall be submitted to the court typed on plain, letter-size paper when domestic relations cases are either heard orally or on deposition as provided herein.
- File type
- Paper
- Paper size
- Letter
Formatting
- •Typed on plain paper
Document Filing Requirements26 rules
Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 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.
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
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 re-issue a summons until the matter may be heard by the receiving judge.
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.
Pleadings and legal papers must use the prescribed heading, centered at the beginning of the first page.
Court's wording
The heading of all pleadings and legal papers in all civil and criminal case shall be styled at the beginning and center of the first page as follows : "COMMONWEALTH OF KENTUCKY # JUDICIAL CIRCUIT COUNTY CIRCUIT COURT DIVISION # (WHERE APPLICABLE) CIVIL ACTION NO. OR INDICTMENT NO .
All pleading and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address of the attorney including telephone number as in the following example :
All Orders shall contain a Distribution list as set out in the following example :
A maintenance or child-support motion must be accompanied by a comprehensive affidavit stating the factual basis and the amounts or other relief sought.
Court's wording
The court shall not hear any matters for maintenance or child support in the absence of service on a respondent of a comprehensive affidavit accompanying the motion for same in the manner pursuant to KRS 403 .160, which clearly sets forth the factual basis for the motion and the amounts or other relief required.
4. All actions for final decrees shall include the testimonies of the parties to prove residency.
3 . If the case is scheduled for hearing, the above-mentioned schedule shall be furnished to the court and opposing counsel five days prior to the hearing date.
5. Proposed findings of fact, conclusions of law and final decrees in original form, shall be submitted to the court typed on plain, letter-size paper when domestic relations cases are either heard orally or on deposition as provided herein.
A party seeking a judgment by default where Rules 55 .01, 4.01, or 6 .03 of the Kentucky Rules of Civil Procedure apply shall first file a written motion for such a judgment.
c. Prepare proposed instructions to be tendered to the court and opposing counsel, subject to revision;
Answers and objections to interrogatories, requests for admission or other similar discovery procedures, shall identify and quote each interrogatory in full immediately preceding the statement of any answer or objection thereto.
Such proposed findings shall specifically -state the z material facts as to which the moving party contends there is no genuine issue.
All cases submitted on depositions other than uncontested divorces, shall be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.
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 response to each application . KRS 533 .250 (2)
When recommending diversion, the Commonwealth must submit written recommendations on its conditions and the sentence if the agreement is unsuccessful.
Court's wording
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 .252 (3) .
The diversion order must address restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable, where victim has suffered monetary damage. KRS 533 .254 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . KRS 533 .250 (3). 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 (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 .
The diversion order must include the specified drug, alcohol, legal-compliance, and weapons conditions.
Court's wording
The Order of Diversion shall include : 1. That the defendant 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 defendant possess no firearm or any other deadly weapon or be in a household where a firearm or other deadly weapon may be located ..
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 Chapters 403 and 456 must 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.
Responsive affidavits shall be utilized if possible.
In a contested dissolution, each attorney may, at the Court's discretion, file and furnish an itemized schedule covering the listed property, employment, income, tax, and other relevant information.
Court's wording
2 . In every contested dissolution, each attorney may, at the discretion of the Court, file in the case and furnish to the Court and opposing counsel, an itemized schedule setting forth the following: a. Marital property of the parties and in whose name it is held, and the value thereof, including: 1 . Real estate 2. Personal property, including cash, bank accounts, etc . ; b. Employment status; c. Income, periodic and from all sources, and supporting proof thereof from employer, including wage statements, etc.; d. Copy of tax return for preceding year; e. List of property, real and personal, claimed non-marital, and the basis of the claim; f. Any other information the parties may believe will assist in making property disposition and fixing award for maintenance and support, where applicable.
There may be served and filed with each motion for summary judgment filed pursuant to CR 56, proposed findings of facts and conclusions of law and a proposed s judgment.
Any party opposing the motion may, prior to the day of hearing, serve and file a concise "statement of genuine issues," setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated .
Filing & Service rules
Electronic Filing Rules
Faxed documents will not be accepted for Clay County Division I motion-hour matters.
Faxed documents will not be accepted.
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Filing Timing and Cure Windows
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. Petitions should be reviewed within an hour of the time of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
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. Petitions should be reviewed within an hour of the time 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
For Clay County Family Court Division II, matters must be filed of record and physically received by the Clerk by 4:00 p.m. on the preceding Wednesday to appear on the following Wednesday's docket.
The only matters that will appear on the docket for Clay County Family Court-Division II are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on the Wednesday immediately preceding court on the following Wednesday .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
For Clay County Division I, matters must be filed of record and physically received by the Clerk by 4:00 p.m. on the preceding Friday to appear on the following Thursday's motion-hour docket.
The only matters that will appear on the docket for Clay County for Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on the Friday immediately preceding motion hour on the following Thursday .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
For Jackson County Division I, matters must be filed of record and physically received by the Clerk by 4:00 p.m. on the preceding Wednesday to appear on the following Tuesday's motion-hour docket.
The only matters that will appear on the docket for Jackson County Division I are those matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p .m. on Wednesday immediately preceding motion hour on the following Tuesday .
Page 4 | POLICY WITH_ RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
The only matters that will be heard on the first Tuesday of each month (Motion Hour) for Jackson County Family Court Division II are Juvenile matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on
The only matters that will be heard on the first Tuesday of each month (Motion Hour) for Jackson County Family Court Division II are Juvenile matters which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4 :00 p.m. on
Page 4 | POLICY WITH_ RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
To appear on the Leslie County Family Court-Division II docket for Monday court, matters must be filed of record and in the Circuit Court Clerk’s physical possession by 4:00 p.m. on the preceding Monday.
The only matters that will appear on the docket for Leslie County Family Court-Division II are those matters that have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on Monday immediately preceding court on the following Monday.
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
To appear on the Leslie County docket for Wednesday motion hour, matters must be filed of record and in the Circuit Court Clerk’s physical possession by 4:00 p.m. on the preceding Thursday.
The only matters that will appear on the docket for Leslie County are those which have been actually filed of record and in the physical possession of the Circuit Court Clerk by 4:00 p.m. on Thursday immediately preceding motion hour on the following Wednesday .
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
An eligible person may apply for pretrial diversion after indictment, but must do so no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (30) 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
Dependency, Neglect and Abuse cases must be filed at least 72 hours after an emergency custody order is issued, excluding weekends and holidays, and before the temporary removal hearing.
A. All Dependency, Neglect and Abuse cases in Family Court shall be filed no less than 72 hours, exclusive of weekends and holidays, from the issuance of an emergency custody order and before the temporary removal hearing with service on all parties and social workers (where applicable).
Page 4 | RULE 6. DEPENDENCY, NEGLECT AND ABUSE CASES
When no emergency custody order has been issued, a temporary removal hearing must be scheduled no more than 10 days after the petition is filed.
B. A temporary removal hearing will be scheduled no more than 10 days after the filing of a petition for dependency neglect and abuse when no emergency custody order has been issued.
Page 4 | RULE 6. DEPENDENCY, NEGLECT AND ABUSE CASES
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. KRS 403.730, KRS 456.040.
Page 7 | I. Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 7 | I. Uniform Protocol for Handling Cases
Protective order petitions are to be reviewed within an hour after presentation to a judge, unless a judge or trial commissioner is unavailable and review is impossible.
Petitions for Protective Orders will be reviewed within an hour of the time they are presented to a Judge, unless such review is impossible due to the unavailability of a Judge or trial commissioner.
Page 4 | Twenty-four Hour Accessibility
Matters that do not meet the filing policy will be docketed and scheduled for the next succeeding motion hour.
Matters not filed in accordance with this policy will be docketed and scheduled for hearing on the next succeeding motion hour by the Clerk .
Page 3 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
Matters not filed in accordance with the policy will be scheduled by the Clerk for the next succeeding motion hour.
Matters not filed in accordance with this policy will be docketed and scheduled for hearing on the next succeeding motion hour by the Clerk.
Page 6 | POLICY WITH RESPECT TO MATTERS FOR HEARINGS ON MOTION HOURS
A party opposing a summary judgment motion may serve and file its statement of genuine issues before the hearing.
Any party opposing the motion may, prior to the day of hearing, serve and file a concise "statement of genuine issues," setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated .
Page 21 | CPR-155 MOTIONS FOR SUMMARY JUDGMENT
Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of the time of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 7 | I. Uniform Protocol for Handling Cases
Service and Proof of Service Rules
Motions to be heard on Motion Days must be served by close of business on the fifth day before Motion Day.
Motions to be heard on Motion Days must served no later than the close of business on the fifth day before Motion Day.
Page 13 | CPR-110 MOTION DAYS
On the day notice of hearing is served, the attorney must deliver or mail a copy of the notice and motion to the clerk and judge.
On the same day the attorney serves notice of hearing, the attorney shall cause a copy of that Notice and Motion to be delivered or mailed to the clerk and judge.
Page 14 | CPR-110 MOTION DAYS
Notices and motions for Motion Day must be served on the court as applicable, and that service must be stated in the certificate of service; noncompliant motions may be heard only at the court’s discretion.
A copy of all notices and motions for Motion Day shall also be served upon the court, as called for by the case, and such service shall also appear in the certificate of service. Any motion filed not in compliance with these rules shall be heard only in the discretion of the court.
Page 14 | CPR-115 NOTICES, MOTIONS, AND ORDERS
The Circuit Clerk must distribute orders by mail or delivery to the people listed and certify distribution by marking, initialing, and dating the Distribution list.
The Circuit Clerk shall distribute copies of all orders by mail or delivery to the persons listed under "DISTRIBUTION" and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the Distribution list.
Page 15 | CPR-130 DISTRIBUTION OF ORDERS
For maintenance or child-support matters, the respondent must be served with a comprehensive affidavit accompanying the motion, as provided by KRS 403.160.
The court shall not hear any matters for maintenance or child support in the absence of service on a respondent of a comprehensive affidavit accompanying the motion for same in the manner pursuant to KRS 403 .160, which clearly sets forth the factual basis for the motion and the amounts or other relief required.
Page 16 | CPR-135 DOMESTIC RELATIONS
Documents required to be filed must be served at least five days before the scheduled hearing, unless the initial affidavit alleges in good faith specific facts showing the delay would endanger the movant's or the movant's child's health or constitute manifest injustice.
required to be filed must be served at least five days prior to the date of the scheduled hearings unless the initial affidavit alleges in good faith and specifically sets forth facts, not mere conclusions, showing and also alleging the delay would endanger seriously the movant's or movant's child's physical, mental, moral, or emotional health, or constitute manifest injustice.
Page 17
Proposed findings of fact, conclusions of law, and judgment must be furnished to opposing counsel.
Proposed findings of fact, conclusions of law, and judgment shall be furnished to opposing counsel.
Page 21 | CPR-160 CASES SUBMITTED ON DEPOSITIONS
The filing must be served on all parties and, where applicable, social workers.
A. All Dependency, Neglect and Abuse cases in Family Court shall be filed no less than 72 hours, exclusive of weekends and holidays, from the issuance of an emergency custody order and before the temporary removal hearing with service on all parties and social workers (where applicable).
Page 4 | RULE 6. DEPENDENCY, NEGLECT AND ABUSE CASES
Pre-Motion Conference Requirements
Default-judgment motions under the specified rules must be submitted ex parte and must not be scheduled on Motion Day dockets.
All such motions shall be submitted ex parte and shall not be scheduled on Motion Day dockets.
Page 18 | CPR-140 DEFAULT JUDGMENTS AND AGREED ORDERS
Chambers Communication Rules
After regular business hours, the authorized agency or officer must present the petition to the Family Court Judge, or follow the stated sequence of alternate judicial officers if unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to Family Court Judge. If the Family Court Judge is not available, the Petition shall be presented to either of the District Judges, beginning with the District Judge on call. In the absence of a District Judge, the Petition shall be presented to the Trial Commissioner, if the particular County has a Trial Commissioner. In the absence of the latter, the petition shall be presented to the Circuit Judge.
Page 3 | Twenty-four Hour Accessibility
During regular business hours, the authorized agency or officer must present the petition to the Family Court Judge, or follow the stated sequence of alternate judicial officers if unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the Family Court Judge. If the Family Court Judge is not available, the Petition shall be presented to either of the District Judges, beginning with the District Judge on call. In the absence of a District Judge, the Petition shall be presented to the Trial Commissioner, if the particular county has a Trial Commissioner. In the absence of the latter, the petition shall be presented to the Circuit Judge.
Page 3 | Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk’s office in the county of the court that issued the protective order.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office for the County of the Court which issued the emergency protective order or protective order.
Page 4 | Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office in the county of the court that issued the protective order.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's office for the County of the Court which issued the emergency protective order or protective order.
Page 9 | IV. Contempt Proceedings