Lewis County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements2 rules
The proposed findings of fact, conclusions of law and final .decree shall be submitted in original form .
- Proposed findings conclusions
- Final decree
Formatting
- •Submit in original form
Protective-order petitions under KRS Chapter 403 or Chapter 456 must use form AOC-275.1 and be accepted and filed with the court.
- Petition
Formatting
- •Use 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.
Document Filing Requirements62 rules
In applying for pretrial diversion., counsel for the defendant must state, and the defendant must agree, in writing, in the event diversion is granted, to waive any right to a speedy trial or disposition ofthe charge against him/her.
The Commonwealth's Attorney shall make a written recommendation to the Court in response to each application.
The Order of Diversion must address restitution, supervision and applicable fees, duration, compliance with Probation & Parole rules, and the required prohibition on offenses and other applicable 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 ofthe diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct 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.
A copy of all notices and motions shall be served upon the Circuit Judge at his office in Greenup, Kentucky, as called for by the case, and such service shall also appear in the certificate of service .
- Document
- Notice and motion
Must include
- •Certificate of service
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion .
A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such ajudgment and have the motion placed on the appropriate Motion Day docket, with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and it is determined by the Court that it meets all necessary legal requirements .
All pleadings and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address ofthe attorney including telephone number and FAX number if applicable .
Counsel shall tender a proposed order with each motion when they appear on Motion Day.
- Document
- Motion
Must include
- •Proposed order
In all cases in which child support is either requested to be set or modified, a worksheet computation is required to be filed by each party in conformance with KRS 40-3.212), unless child support is otherwise agreed to by the parties .
Uncontested dissolution of marriage cases which contain an entry of appearance and waiver of notice shall be submitted directly to the Circuit Judge on deposition . The case shall stand submitted with a motion to submit accompanied with copies of the deposition, any separation agreement, and the entry of appearance .
(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.
No case will be set for trial by the Commissioner or the Court until the itemized property list is filed with the Court.
Motions to show cause why a party should not be held in contempt of court shall be submitted ex parte to the Court with appropriate affadavits .
Likewise, any objections filed to an interrogatory or to a request shall set out in full the. interrogatory or request with the reason and grounds for the objection thereto.
When answering interrogatories, requests for production of documents, or requests for admissions, the replying party shall as a part of his/her answer, set forth immediately preceding the answer, the question or the request made.
Any agreement reached in mediation must be written and signed by the parties; the parties draft it, although the mediator may help with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties . The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent ofthe parties
The mediator must report the mediation's status and whether an agreement was reached; with the parties' consent, the mediator may also identify matters that could facilitate settlement.
Court's wording
The Mediator shall report to the Court that the mediation has not occurred, has not been completed, or that the mediation has . been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement
If the Commonwealth withholds file material as non-discoverable, it must state that in writing when filing the file contents.
Court's wording
In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.
The Commonwealth must file its recommendation of disposition in the court record as a "Commonwealth's Offer on a Plea of Guilty," AOC Form 491.1.
Court's wording
The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .
The Commonwealth shall include in its Discovery, all information in its possession or control, including the information contained in RCr 2.24 and RCr 2.26.
Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .
The Defendant may seek additional discovery by written motion, but the motion must be specific; broad discovery motions will be summarily overruled.
Court's wording
The Defendant, by and through Defense Counsel, may request, by written motion, additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled . Any motions for additional discovery must be very specific and not general in nature . The Court will summarily overrule broad motions for discovery.
All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's Attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's Discovery filings.
All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signature and shall indicate "Prepared By".
(Copies of U.S . Tax Returns for last three (3) years attached hereto)
Income : (as shown by attached wage statements)
A. Exchange with opposing counsel a list of all witnesses' names and addresses and summary of the expected testimony of each witness expected to be called at trial .
D. An itemized list of claimed special damages .
Produce for inspection of opposing counsel a report from all experts who are expected to testify at trial .
AT THE PRETRIAL CONFERENCE, COUNSEL SHALL SUBMIT TO THE COURT PROPOSED INSTRUCTIONS, OR IN NON-JURY CASES, FINDINGS OF FACT AND CONCLUSIONS OF LAW .
B. Produce for inspection of opposing counsel, and mark for identification, all exhibits and-charts which will be used during trial .
All parties must file a Trial Management Report containing a case-facts summary, cited legal principles, expected-witness information, and estimated trial length.
- Document
- Trial management report
Must include
- •Statement of facts
Court's wording
All parties shall file with the court a Trial Management Report the date indicated in paragraph 3 of this order . The Trial Management Report will contain the following information : A. A concise summary of the facts of the case . B. - A statement of the principles of law involved in the case, supported by the citation of appropriace authority . C. A list of all witness names, addresses, and summary of the expected testimony of each witness expected to be called at trial . D. Estimated length of time to try the case .
The reviewing judge must indicate in the petition’s “Court Action” section which of the two specified types of 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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
All partics must comply with the filing requirements of the FCRPP 2 through FCRPP 9....
B. Application is to be made by submitting the appropriate form, which is available in the Greenup and Lewis Family Court Office.
C. Motions for compensation shall be accompanied by an affidavit indicating: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceedings have been concluded and the date of disposition.
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client, including information relating to domestic violence or child abuse as well as the addresses of the parties.
For access to a paternity case file for representation in that action, the Clerk's Office must receive either an attorney's statement seeking permission to review and copy the file or the party's signed and notarized release authorizing inspection.
Court's wording
Upon receipt of the Greenup/Lewis Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Greenup/Lewis Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's Office shall grant the attorney access to such a file.
2. Full information concerning the child's parents and the address(es). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Greenup/Lewis County Attorney's Office.
If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing.
1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction;
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
At the dispositional hearing CHFS shall provide the Court with information required pursuant to FCRPP 28 by completing DNA 12.
B. No entry and appearance shall be signed prior to the filing of a petition.
C. All agreements and Agreed Orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.
The Family Court Case Data Sheet must be fully completed in all cases.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
Every pleading, motion and other paper filed in the record by Counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other paper
Must include
- •Case number
judicial order must file a written motion with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
- Document
- Written motion
Must include
- •Set forth the purpose for the request
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.
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 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.
The reviewing judge must identify in the petition’s Court Action section whether the action is a domestic violence or interpersonal protective order action.
Court's wording
The judge reviewing a petition for an order of protection shall indicate in theiCourt 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 a case is reassigned or transferred between courts, 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.
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
Other Dais ofspecial meaning . such as religious holidays, or national holidays . should he decided together. written into the Court order, and alternated as above.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
c) Other days of special meaning, such as religious holidays, and national holidays, should be decided together, written into the Court Order, and alternated as above.
The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.
Such proposed instructions or findings of fact and conclusions of la,N should be sufficiently detailed so that if adopted by the court they should form adequate factual basis, supported by anticipated evidence, for resolution of the case and support of a judgment favcrable to she party submitting .
Filing & Service rules
Electronic Filing Rules
The ION Center and the specified regional centers may electronically file protective-order petitions where electronic filing is available.
The ION Center, along with any other regional rape crisis center under KRS 211.600 or regional domestic violence shelters under KRS 209A.045, may electronically file petitions for protective orders where available.
Page 3 | II. Twenty-four Hour Accessibility
Filing Timing and Cure Windows
An eligible person may apply for pretrial diversion after indictment, but no later than 14 days before trial.
After indictment :n circuit court, and no later than 14' days before trial any eligible person for the program may apply to the Circuit court and the Commonwealth's Attorney for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. Procedure
To have a motion heard in Lewis County on Friday, an attorney must file it the preceding Saturday; an untimely motion will not be heard without prior court approval.
An attorney must file a motion on the Saturday immediately prior to Friday for the Court to hear it. The Court will not hear a motion if untimely fled, unless the Court gives prior approval .
Page 2 | R20C-105 Motion Days
To have a motion heard in Greenup County on Thursday, an attorney must file it the preceding Friday; an untimely motion will not be heard without prior court approval.
An attorney must file a motion on the Friday immediately prior to Thursday for the Court to hear it. The Court will not hear a motion if untimely filed, unless the Court gives prior approval .
Page 2 | R20C-105 Motion Days
Motions must be filed with the clerk by close of business on the Friday before the hearing, unless the Court approves a later filing.
All motions must be filed with the clerk by the close of business on the Friday immediately prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time.
Page 3 | R20C-110 Notices, Motions, and Orders
The Commonwealth must file supplemental material by the Trial Management Conference.
The Commonwealth remains under a continual order to file any supplemental material . All supplemental material must be filed by the Trial Management Conference .
Page 11 | R20C-155 CRIMINAL CASES
The Commonwealth must file its plea-disposition recommendation, using AOC Form 491.1, within 14 days after filing discovery.
The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .
Page 11 | R20C-155 CRIMINAL CASES
The Commonwealth must file the discoverable portion of the prosecutor's file within 14 days of arraignment.
The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection ofthe Defendant, within fourteen (14) days of arraignment
Page 11 | R20C-155 CRIMINAL CASES
Defense counsel must submit the written motions they expect to offer at the Trial Management Conference.
shall submit such written motions as the attorney shall expect to offer in the case.
Page 12 | R20C-155 CRIMINAL CASES
No additional motions may be offered after the Trial Management Conference, except by leave of the Court, upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the Trial Management Conference, or in the interest ofjustice .
No additional motions may be offered after the Trial Management Conference, except by leave of the Court, upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the Trial Management Conference, or in the interest ofjustice .
Page 12 | R20C-155 CRIMINAL CASES
ALL PARTIES WILL COMPLETE ALL EXCHANGE OF DISCOVERY, SUB:~`_Z 1 THE `l'RIAL MANAGEMENT REPORT AND OTHER ITEMS LISTED BELOW BY THE 195
ALL PARTIES WILL COMPLETE ALL EXCHANGE OF DISCOVERY, SUB:~`_Z 1 THE `l'RIAL MANAGEMENT REPORT AND OTHER ITEMS LISTED BELOW BY THE 195
Page 27 | Trial Management Report and Pretrial Conference Dates
All discovery must be completed by the date shown in the order, but the date is blank in this text.
All discovery shall be completed by , 199
Page 29 | 8. Discovery
All parties must file the Trial Management Report on the date indicated in paragraph 3 of the order.
All parties shall file with the court a Trial Management Report the date indicated in paragraph 3 of this order .
Page 29 | 9. TRIAL MANAGEMENT REPORT
If the Greenup or Lewis Family Court is closed on Friday, motions must be filed and clocked by 4:30 p.m. on the preceding Thursday; later motions are automatically passed to the next Motion Hour.
If the Greenup Family Court or Lewis Family Court is closed Friday, motions shall be filed and clocked no later than 4:30 p.m. on the preceding Thursday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Thursday shall be automatically passed to the next Motion Hour.
Page 6 | 203 Deadline for Serving and Filing Motions
Motions for a Greenup or Lewis Motion Hour must be filed and clocked by 4:30 p.m. on the preceding Friday; later motions are automatically passed to the next Motion Hour.
All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Friday shall be automatically passed to the next Motion Hour.
Page 6 | 203 Deadline for Serving and Filing Motions
E. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the Respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense. F. The failure of the Guardian ad Litem or Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Greenup/Lewis Family Court Guardian Ad Litem or Military Attorney List.
E. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the Respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense. F. The failure of the Guardian ad Litem or Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Greenup/Lewis Family Court Guardian Ad Litem or Military Attorney List.
Page 8 | 503 Guardian ad Litem/Military Attorney Appointed for Actions Filed Pursuant to KRS 406
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :
Page 4 | R20C-130 Domestic Relations Cases
Agreed orders, judgments, and in forma pauperis motions may be submitted at any time, but should not be placed on the Motion Day docket.
Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket .
Page 7 | R20C-140 AGREED ORDERS
Service and Proof of Service Rules
Copies of notices and motions must be served on the Circuit Judge at the Greenup office when called for by the case, and that service must be shown in the certificate of service.
A copy of all notices and motions shall be served upon the Circuit Judge at his office in Greenup, Kentucky, as called for by the case, and such service shall also appear in the certificate of service .
Page 2 | R20C-110 Notices, Motions, and Orders
Counsel must certify a copy of the property list to opposing counsel.
Counsel will also certify a copy ofthis property list to opposing Counsel.
Page 5 | Domestic Relations Cases
The property list must be served on opposing counsel and filed in the record.
This shall be served on opposing counsel and filed in the record . See Annex A.
Page 5 | Domestic Relations Cases
The Clerk must make two copies of the show-cause motion and, the same day, hand-deliver or mail it postage prepaid to the County Attorney and Commonwealth Attorney with the hearing date, time, and place.
The Clerk shall further make two (2) copies of the show cause motion and within the same day, hand deliver or mail it postage prepaid. to the County Attorney and the Commonwealth Attorney along with the date, time and place of the hearing.
Page 5 | CONTEMPT
If the court approves appointment of the expert, the defense attorney must give the court and the Commonwealth written notice of the intent to call the expert at least 30 days before trial.
The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.
Page 13 | Ex Parte Motions for Experts Filed by Defense
Copies of motions for a Greenup or Lewis Motion Hour must be mailed, hand delivered, or sent by electronic transmission.
All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
If the court is closed Friday, copies of motions must be mailed, hand delivered, or sent by electronic transmission.
If the Greenup Family Court or Lewis Family Court is closed Friday, motions shall be filed and clocked no later than 4:30 p.m. on the preceding Thursday with copies to be mailed, hand delivered or sent by electronic transmission.
Page 6 | 203 Deadline for Serving and Filing Motions
The Judge may allow a Temporary Removal or Adjudication Hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve all other parties, including efforts to locate an absent parent through the Child Support Division.
The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the Petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 9 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
After the hearing, the Petitioner must continue diligently trying to locate and notify everyone who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 9 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
Notice of the written motion must be given to all parties, including the child's Guardian ad Litem if one exists.
judicial order must file a written motion with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
Page 13
Filing Fees and Waivers
For subsequent child support, custody, or visitation motions in a Title IV-D-initiated action filed by a private attorney or pro se party rather than Title IV-D Counsel, the fee is charged unless the motion is brought in forma pauperis.
However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D Counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 8 | 504 Reopening Fee
The $50 reopening fee is not payable for motions in Title IV-D cases seeking child support modification or enforcement.
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement.
Page 8 | 504 Reopening Fee
The Domestic Relations Commissioner’s fee is $40 for the first hearing hour and $40 for each additional hour, prorated after the first hour to quarter-hour periods; fees are due within 30 days after entry of the hearing order and are treated as court costs and Court Reporter fees in the final decree.
A. Forty dollars ($40 .00) for the first hour of a hearing and an additional forty dollars ($40.00) for each hour thereafter. The fees, except for the first forty dollars ($40.00), shall be prorated to the quarter (1/4) hour period. Fees shall be paid within thirty (30) days after the entry of the order arising from the hearing . The fees of the Domestic Relations Commissioner shall be treated as part of the court costs and Court Reporter fees in the final decree.
Page 4 | R20C-130 Domestic Relations Cases
Sealing & Redaction Procedures
Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not open to inspection by persons other than the parties to such proceedings and their Counsel.
Page 6 | 302 Temporary Custody Order
For filings containing personal identifiers, parties must file one copy with personal data redacted and an unredacted copy in a marked, sealed envelope, subject to the exception in paragraph B.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an un redacted copy in a marked and sealed envelope.
Page 12 | 902 Protection of Personal Identifiers
The Clerk's Office must not release a Family Division video of an in-chambers interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 17, the Greenup/Lewis County Circuit Court Clerk's Office shall not release any Greenup/Lewis Family Division video in-chamber interviews with children without a specific written order of the Family Court Judge.
Page 12 | 903 Video Copies of In-Chamber Interviews with Children
The Clerk's Office must not release copies of confidential Family Court video records without a specific written order from the presiding Family Court Judge; paternity actions are excepted.
The Greenup/Lewis County Circuit Court Clerk's Office shall not release any copies of Greenup/Lewis Family Court confidential video records, except for paternity actions, without a specific written order from the presiding Family Court Judge.
Page 12 | 904 Requests for Confidential Video Records
Access to an unredacted sealed copy containing personal identifiers is restricted to the listed case participants, authorized personnel, and persons specifically authorized by court order.
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 by specific orders of the Court.
Page 12 | 902 Protection of Personal Identifiers
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted, and access to those files is governed by the specified rules and statutes.
Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these local rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 12 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
An attorney may not move to set a civil case for trial until all discovery is complete and the parties have complied with the Order of Trial Management.
No attorney shall file a motion to set a civil case for trial until the parties have completed the taking of all discovery and complied with all of the provisions of the "Order of Trial Management" . See Annex C.
Page 8 | R20C-151 TRIAL MANAGEMENT OF CIVIL CASES
Before moving the Court for a duplicate of a grand-jury recording, defense counsel must request it orally from the Commonwealth's Attorney; if there is no response within two weeks, counsel may move the Court.
If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, Defense Counsel shall make an oral request for same to the Commonwealth's Attorney. If the Commonwealth has not responded within two (2) weeks, Defense Counsel may move the Court for same .
Page 12 | R20C-155 CRIMINAL CASES
Adjournment & Extension Requirements
An expert's unavailability for trial is not grounds for a continuance.
UNAVAILABILITY OF AN EXPERT FOR TRIAL WILL NOT BE GROUNDS FOR CONTINUANCE .
Page 28 | 4.C
Chambers Communication Rules
After a case is referred to the Domestic Relations Commissioner, counsel for the moving party must contact the Commissioner to schedule the hearing.
Upon referral of the case to the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion .
Page 4 | R20C-130 Domestic Relations Cases
When no dissolution action is pending in Circuit Court, the District Judge must be contacted to consider the petition or motions.
If no dissolution of marriage action is pending in this Circuit Court, the District Judge shall be contacted to consider the petition and/or motions .
Page 6 | DURING NON-OFFICE HOURS
The attorney must contact the Drug Court Coordinator as soon as possible, no later than one week after arraignment; after May 26, 2005, a later referral results in the client not being admitted.
b. The attorney will contact the Drug Court Coordinator as soon as possible for his/her client to be considered for admission into the Drug Court. As soon as possible means not longer that one (1) week after the date of arraignment. After May 26, 2005, if the referral exceeds one (1) week, then the client will not be admitted .
Page 15 | DRUG COURT
After counseling a person seeking an Emergency Custody Order, the office must contact the Family Court Judge for review.
That office shall counsel that person and then shall contact the Family Court Judge who shall review the petition and determine if an ECO should be issued.
Page 9 | 601 Procedure for Emergency Custody Orders
Attorneys must notify the Court as soon as possible when a case settles so it can be removed from the docket.
All attorneys will notify the Court as soon as possible that a case has been settled . Thus, removing it from the Court docket.
Page 8 | R20C-151 TRIAL MANAGEMENT OF CIVIL CASES
To refer a client, the attorney contacts the Drug Court Coordinator by phone to schedule an appointment.
a. To refer a client the attorney will contact the Drug Court Coordinator at telephone number 1-606-473-0769 to set up an appointment.
Page 15 | DRUG COURT
A request for referral to the Domestic Relations Commissioner may be made directly to the Court instead of placing the case on the Motion Day docket.
Requests for referral to the Domestic Relations Commissioner may be made directly to the Court rather than placing the case on the Motion Day docket .
Page 4 | R20C-130 Domestic Relations Cases
A mediator may contact the Circuit Clerk's office to review the case file.
If the mediator desires to review the case file he or she may do so by contacting the Circuit Clerk's office.
Page 9 | 152-7(a)
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
Page 4 | IV. Contempt Proceedings
Petitioners are advised to contact the Circuit Court Clerk's Office in the county where the order was issued when seeking to initiate contempt proceedings.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
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