Letcher Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- 1 copy • Email
Document Filing Requirements8 rules
(A) All motions shall include a statement concerning the anticipated length of the hearing.
(A) Any attorney desiring an in-person hearing shall file an Affidavit with their pleading setting forth the need for an in-person hearing.
Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services.
Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.
The pretrial report must include specified background, criminal-history, program-participation, employment, residency, and eligibility information.
Court's wording
The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
the pretrial officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.
D. A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.
Filing & Service rules
Electronic Filing Rules
Motions may be filed electronically, by mail, or through the Circuit Clerk's courthouse drop box.
All motions shall be filed electronically, by mail or by using the Circuit Clerk's Drop Box located at the front entry of the Courthouse.
Civil cases
Page 2 | TEMPORARY GENERAL ORDER RELATING TO CIVIL MOTION HOUR
Filing Timing and Cure Windows
Petitions must be reviewed within an hour of presentation to a judge unless a judge's unavailability makes review impossible.
E. Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.
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Service and Proof of Service Rules
When a covered case transfers to another circuit, the emergency protective order continues and the initiating court must reissue the summons; if service has not been made by transfer, the reissued summons is limited to fourteen days unless the court determines another period is necessary for the petitioner's protection, with further reissuance as needed in the receiving court.
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.
Page 2 | Uniform Protocol for Processing Cases
Filing Fees and Waivers
Each party must pay a $5 fee to Parents Education Clinic when attending a clinic, except a party allowed to proceed in forma pauperis.
A fee of $5 .00 payable to Parents Education Clinic shall be paid by each party at the time of attending a clinic ; provided, however, no fee shall be payable by a party allowed to proceed in forma pauperis .
Page 3 | AMENDMENT TO RULES
Courtesy Copy Requirements
Further, a courtesy copy of the motion shall be emailed to my secretary at shellyfoley@kycourts.net.
Further, a courtesy copy of the motion shall be emailed to my secretary at shellyfoley@kycourts.net.
Civil cases
Page 2 | TEMPORARY GENERAL ORDER RELATING TO CIVIL MOTION HOUR
Sealing & Redaction Procedures
Program records and statements about the contract are confidential and protected from disclosure, subject to specified access and release exceptions.
D. All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's patticipation in the Program.
Criminal cases
Page 3 | II. PARTICIPATION
Chambers Communication Rules
After regular business hours, the authorized agency or officer must present a petition to the Letcher District Judge, or to the Circuit Court Judge if the district judge is unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Letcher District Judge. If unavailable then it shall be taken to the Circuit Court Judge.
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During regular business hours, the authorized agency or officer must present a petition to the District Court Judge, or to the Circuit Court Judge if the District Court Judge is unavailable.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: District Court Judge. If the District Court Judge is unavailable then it shall be taken to the Circuit Court Judge.
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Contact the Circuit Court Clerk’s office by phone or in person to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Petitioners seeking to initiate contempt proceedings should contact the Letcher County Circuit Clerk, local law enforcement, or the County Attorney's Office.
B. Petitioners seeking to initiate contempt proceedings should contact: Letcher County Circuit Clerk, local Law Enforcement or the County Attorney's Office.
Page 3 | III. Contempt Proceedings