Lincoln County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- 1 copy • At Least 5 Days Before Hearing
- 1 copy • Prior to Hearing
Adjournments
- If a hearing requires more than fifteen minutes, the Court may place it at the end of the docket or set another date; counsel may advise the Court at the beginning of the docket that rescheduling is needed.
- Upon settlement or a continuance request when a trial or hearing is scheduled, counsel must promptly notify the Clerk and Court in writing by proposed order identifying the scheduled date and removing the matter from the calendar.
- A waiver of the 45-day requirement or a continuance of the temporary custody order beyond 45 days requires all parties’ written agreement and specific reasons showing that it serves the child’s best interest.
- +1 more
Request must include
Communication
Phone
Chambers
Phone
Document Format Requirements7 rules
If a verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2), and it shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
Petitions seeking protection under KRS Chapter 403 or 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 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
- Protective order petition
Formatting
- •Use form AOC-275.1.
Court papers must be one-sided, on unglazed white letter-size paper, in at least 12-point type, double-spaced with stated exceptions, and have at least one-inch margins; approved agency forms are exempt.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
- Pleading
- Motion
- Memorandum
- Proposed order
- Other paper
Formatting
- •Papers must be printed or typewritten on one side only
- •The font must be size 12 or larger, excluding footnotes
- •Double spacing is not required for indented quotations and footnotes
Exception
Indented quotations and footnotes), and with at least a one inch margin on each side
Court's wording
All pleadings, motions, memoranda, proposed orders and other papers to be field with the Court shall be printed or typewritten on one side only of unglazed white paper which is 8.5 inches by 11 inches in dimension, in size 12 font or larger (excluding footnotes), double spaced (except for indented quotations and footnotes), and with at least a one inch margin on each side. This Rule shall not apply to AOC or other official agency approved forms.
All documents exceeding a single page in length shall be paginated. This Rule shall not apply to AOC or other official agency approved forms.
Formatting
- •Documents exceeding a single page in length must be paginated
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 verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2)
Document Filing Requirements88 rules
F. All motions, except for trial or pre-trial conference dates, shall include a statement of the grounds for the motion and the legal authority relied upon in support of the motion.
Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.
Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.
After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.
All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (district judge, circuit judge, or trial commissioner) reviews the petition and orders the case filed.
- Document
- Domestic violence petition
Must include
- •Case number
In applying for the 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 for the charge against him/her is waived.
The Commonwealth shall make a recommendation to the Court in response to each motion .
The diversion order must include the listed terms, including applicable restitution and supervision provisions, required conditions, and duration limits tied to the five-year maximum and full restitution.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised . 3. Supervision fees, if applicable . 4. Duration of Diversion. 5. Require defendant to obey all rules and regulation imposed by Probation and Parole . 6. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate. 7. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner . 10 . Duration of the pretrial diversion shall not be less than the time required to make restitution in full and shall be extended if restitution is not paid in full.
When diversion is recommended, the Commonwealth must make 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). Both may be included in one recommendation .
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the receiving judge may hear the 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 judge reviewing a petition for any 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.
A diversion recommendation must recommend diversion conditions and the sentence to impose if the agreement fails; both may appear in one recommendation.
Court's wording
When diversion is recommended, the Commonwealth must make 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). Both may be included in one recommendation .
The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised . 3. Supervision fees, if applicable . 4. Duration of Diversion. 5. Require defendant to obey all rules and regulation imposed by Probation and Parole . 6. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate. 7. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner . 10 . Duration of the pretrial diversion shall not be less than the time required to make restitution in full and shall be extended if restitution is not paid in full.
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.
Cases filed in the family court of the 28t judicial circuit shall be styled as follows: COMMONWEALTH OF KENTUCKY 28th JUDICIAL CIRCUIT LINCOLN CIRCUIT COURT DIVISION III (FAMILY COURT) CASE NO. Or
The Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.
Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.
Any "Agreed Order," except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.
When a pending motion is passed or continued at the request of or by agreement of counsel, it shall be the moving party's obligation to re-notice in writing the motion in accordance with these Rules and the Civil Rules.
Each motion must include an Order specifying the requested relief and a distribution list naming the parties or their counsel.
Court's wording
Each motion filed in the 28th Judicial Circuit Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.
All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:
The moving party must file a motion for a ruling to show cause and a hearing date, which the judge or staff will set.
Court's wording
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: A. A motion for a ruling to show cause and for a hearing date which shall be set by the Family Court Judge or his/her staff.
The moving party must file an order incorporating the affidavit’s allegations and setting the judge- or staff-provided date for the responding party to show cause.
Court's wording
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: C. An order incorporating the allegation of the affidavit and setting the date which will be provided by the Judge or his/her staff, for the responding party to appear and show cause why he/she should not be held in contempt, e.g.:
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: B. An affidavit setting forth facts supporting the motion.
A motion for compensation must include an affidavit stating the appointment basis, services and hours, fee reasonableness, and whether the proceeding has concluded.
Court's wording
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.
Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.
- Document
- Settlement or continuance notice
Must include
- •Proposed order
Upon serving answers to any of the foregoing, counsel for the answering party shall file a simple certificate of service and shall identify any matter left unanswered.
- Document
- Discovery answers
Must include
- •Certificate of service
Copies of interrogatories, request for production and requests for admissions made pursuant to CR 33, 34 and 36, shall be filed with the Clerk.
The party seeking entry of an order compelling discovery, entry of a protective order, or for sanctions shall include a "certificate of good faithi signed by counsel which details the efforts to resolve the dispute and that such dispute cannot be resolved without intervention of the Court
In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.
If the Court requires revisions, the Petitioner must tender revised findings and a separate judgment within three business days after the final hearing.
Court's wording
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
The Judgment of Termination of Parental Rights shall include only the name of the child.
Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.
A summons in an involuntary termination action must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.
Court's wording
The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.
The attorneys shall prepare the subpoenas for their cases.
No custody, visitation or other ancillary matters shall be handled on the paternity docket. The parties must file a separate civil action.
At the specified hearings, CHFS must provide the court and all parties the FCRPP 28 information using AOC Form DNA-12.
Court's wording
At the dispositional hearing and the FCRPP 30 hearings (the six-month and other reviews and permanency reviews), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC Form DNA-12.
In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits.
A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.
Counsel for the recipient must prepare and file the wage withholding using the specified forms, depending on who files it.
Court's wording
It shall be the responsibility of counsel for the recipient of the child to draft, file and mail the wage withholding utilizing the AOC Form 152 and the OMB-0970-0154 if filed by a private party or the CS-89 if filed by the state child support agency, in compliance with FCRPP 9.
B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party, accompanied by an appropriate affidavit
A Separation Agreement that deviates from the KRS Chapter 403 child support guidelines must state the reason for the deviation.
Court's wording
If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.
Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt.
Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation.
which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order.
A Separation Agreement and Final Decree that includes parenting-time provisions must incorporate the ordered or approved parenting-time schedule and include the prescribed relocation language.
Court's wording
Each Separation Agreement and Final Decree, which includes provisions for parenting time, shall include a statement incorporating the parenting time-sharing schedule ordered by the Court or agreed to by the parties and approved by the Court, and shall also include the following language: The agreed parenting time-sharing schedule is based on the current residences of the parties. Any parent who wishes to relocate shall comply with the requirements of FCRPP 7(2) prior to such relocation.
In any case tried by deposition or interrogatory, a motion to submit shall be accompanied by a statement of desired Findings of Fact, Conclusions of Law and Judgment.
Each party shall present any pertinent motions; stipulations, and agreement reached; any witness, exhibit, and document lists, with appropriate intormation attached; and final financial statements in accordance with the FCRPP.
The Mediator or parties' attorney shall be responsible for the drafting of the agreement, with the consent of the parties.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by all parties.
The mediator shall report to the Court that the mediation has been completed with or without an agreement on any or all issues.
Prior to the hearing, counsel will present to the Court a proposed Findings of Fact, Conclusions of Law and Decree signed by both parties and all counsel.
A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge.
An individual requesting a 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 of the request.
An individual requesting a judicial order must file a motion 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.
Filing & Service rules
Electronic Filing Rules
The Clerk accepts only original papers for filing, and facsimiles, emails, and other copies may not be filed except as exhibits, subject to court orders and applicable e-filing rules.
Except as otherwise ordered by the Court or provided for by the Civil Rules or other Supreme Court Orders as relates to e-filing, the Clerk shall only accept for filing original pleadings, motions, memoranda, proposed orders and other papers. Facsimiles, emails or other copies shall not be filed except as exhibits to an otherwise properly filed document.
Civil cases
Page 7 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Greenhouse-17 and the specified regional centers and shelters may electronically file protective-order petitions where electronic filing is available.
ii. Greenhouse-17, along with any other regional rape crisis centers under KRS 211.600 or regional domestic violence shelters under KRS 209A.045, may electronically file petitions for protective orders where available.
Page 3 | Twenty-four Hour Accessibility
Filing Timing and Cure Windows
The Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.
6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.
Page 10 | III. Domestic Relations Cases
The verified petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.
The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.
Page 16 | I. TWENTY-FOUR HOUR AVAILABILITY
The court shall review a petition for a protective order immediately upon its filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
Protective-order petitions must be directed for review as soon as reasonably possible and no later than one hour after filing, unless the judge or trial commissioner is unavailable.
2. Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.
Page 3 | II. Twenty-four Hour Accessibility
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 2 | 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 2 | I. Uniform Protocol for Handling Cases
Motions must be filed and noticed five days, excluding weekends, before the hearing.
D. Motions shall be filed and noticed five days (excluding weekends) prior to hearing.
Civil cases
Page 5 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Friday; a later-filed motion may be placed on the docket at the presiding judge’s discretion.
Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Friday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
A post-judgment motion for failure to comply with an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.
2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
The required proposed findings and separate judgment must be tendered no later than three business days before the final hearing.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
Civil cases
Page 13 | 302 Judgment and Findings of Fact.
When revisions are required, the revised documents must be tendered within three business days following the final hearing.
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
Civil cases
Page 13 | 302 Judgment and Findings of Fact.
The required motion and orders must be filed with the voluntary termination petition.
Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.
Civil cases
Page 14 | 305 Voluntary Termination of Parental Rights.
Counsel must file the motion and schedule the final trial after service has been perfected on all parties.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
Civil cases
Page 14 | 304 Involuntary Termination of Parental Rights.
The Court will schedule a case management or pretrial conference 30 days after the petition is filed and notify all parties.
The Court will automatically schedule a case management conference or pretrial conference 30 days after the filing of the petition and send notice to all parties.
Civil cases
Page 14 | 304 Involuntary Termination of Parental Rights.
The Guardian ad Litem fee Motion and Affidavit must be filed promptly at the final hearing or before the final judgment is entered.
Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
Civil cases
Page 14 | 303 Guardian Ad Litem.
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Civil cases
Page 14 | 305 Voluntary Termination of Parental Rights.
Within fifty days of appointment, the Guardian ad Litem or Military Attorney must file either an answer for the Respondent or a report stating that the Respondent cannot present a defense after careful examination of the case.
Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.
Civil cases
Page 16 | 503 GUARDIANS AD LITEM AND MILITARY ATTORNEYS
A motion on the Paternity/Child Support "J" docket must be filed one week before the court date.
Any motion filed on the Paternity/Child Support "J" docket shall be filed one week in advance of the court date.
Civil cases
Page 16 | 502 COURT CALENDAR AND FILING DEADLINES
Discovery in contested divorce or legal-separation actions must be completed 30 days before the final trial date.
A. Discovery shall be completed thirty (30) days prior to the final trial date.
Civil cases
Page 23 | 705 Discovery in contested actions for Divorce or Legal Separation
Parties must supplement all required responses under CR 26.05 no later than 30 days before the hearing or trial date.
B. It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or trial date.
Civil cases
Page 23 | 705 Discovery in contested actions for Divorce or Legal Separation
Motions other than contempt motions on the Status "J" docket must be filed one week before the court date.
Any motion, except contempt, filed on the Status "J" docket shall be filed one week in advance of the court date.
Civil cases
Page 25 | 801. REVIEW
The responding party has seven days to file a similar statement or object to the motion to submit.
The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.
Civil cases
Page 25 | B
If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.
If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.
Civil cases
Page 25 | B
The involuntary termination petition must be filed at least five days after the child's birth.
Was the petition filed five (5) days or more after the child's birth? (KRS 625.050 (5))
Civil cases
Page 43 | INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
For an indigent parent seeking termination, the checklist asks whether an attorney was appointed within 48 hours of the court's determination.
Is the parent desiring termination indigent? If yes, was an attorney appointed within 48 hours of court's determination? KRS 625.0405(1)
Civil cases
Page 44 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
The voluntary termination petition must be filed at least 72 hours after the child's birth.
Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)
Civil cases
Page 44 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
The court must review protective-order petitions immediately upon filing and must not send petitioners away or leave them waiting for extended periods.
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.
Civil cases
Page 46 | Uniform Protocol for Handling Cases
Petitions must be directed to the appropriate judge or Trial Commissioner for review as soon as reasonably possible and no later than one hour after filing, unless that official is unavailable.
Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon as reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.
Civil cases
Page 47 | II. Twenty-four Hour Accessibility
The Domestic Relations Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.
6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.
Page 10 | III. DOMESTIC RELATIONS CASES
The verified petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.
The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.
Page 16 | I. TWENTY-FOUR HOUR AVAILABILITY
If no circuit court motion day occurs within fourteen days, the circuit judge considering the initial petition must set a hearing date and time within fourteen days.
If the initial domestic violence petition is considered by a circuit judge, and there is no motion day of the circuit court within fourteen (14) days, that circuit judge shall set a date and time for a hearing within 14 days.
Page 20 | V. HEARING SCHEDULE
Domestic violence matters assigned to circuit court must be set for hearing on the next circuit court motion day, regardless of division.
Domestic violence matters which, according to the above rules, are to be heard in the circuit court shall be set for hearing on the next circuit court motion day, regardless of the circuit court division in which the case is pending.
Page 20 | V. HEARING SCHEDULE
Domestic violence matters assigned to district court must be scheduled for a hearing within fourteen days.
Domestic violence matters which, according to the rules set forth above, are to be heard in the district court shall be scheduled for a hearing within fourteen days.
Page 20 | V. HEARING SCHEDULE
If no circuit court motion day occurs within fourteen days of the initial motion or petition after a district judge or trial commissioner considers it, the matter must be set for a district court domestic violence session held within fourteen days.
If, because of the unavailability of a circuit judge, the initial domestic violence petition is considered by a district judge or a district judge trial commissioner, and there is no circuit court motion day within 14 days of the initial domestic violence motion or petition, the matter shall be set for hearing on a district court domestic violence session to be held within 14 days.
Page 20 | V. HEARING SCHEDULE
Petitioners must not be sent away or left waiting for extended periods while seeking protective orders.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
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 presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | I. Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless no judge or trial commissioner is available; the quoted text ends mid-sentence.
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
Civil cases
Page 46 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
A copy of each motion must be served on the circuit judge at least five days before the noticed hearing date.
A copy of each motion shall also be served upon the circuit judge at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
Notice of a motion must be served at least five days before the noticed hearing date.
Notice of motions shall be served at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
The hearing notice must be served on the opposing party.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Page 9 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant upon the stated showing.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress.
Criminal cases
Page 4 | V. Completion of Diversion Program
All post-judgment motions must be served on the opposing party.
All post-judgment motions must be served upon the opposing party.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Each motion shall be delivered to opposing counsel, or party not represented by counsel and entitled to notice, no later than 4:00 p.m. on the Friday immediately preceding the Rule Day for which the motion has been noticed. "Service" shall be as described in CR 5.02. If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.
Each motion shall be delivered to opposing counsel, or party not represented by counsel and entitled to notice, no later than 4:00 p.m. on the Friday immediately preceding the Rule Day for which the motion has been noticed. "Service" shall be as described in CR 5.02. If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
The Clerk must distribute orders by mail to unrepresented parties and by delivery or placement in the attorneys' office receptacles for listed recipients, and certify the distribution on the distribution list.
The Clerk shall distribute copies of all orders by mail to any unrepresented party or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Civil cases
Page 8 | 203 DISTRIBUTION REQUIREMENT ON ORDERS
A pre-judgment motion for failure to comply with a pendente lite order must be served on opposing counsel or an unrepresented party by midnight on the Friday before the Rule Day, under CR 5.01 and CR 5.02.
1. Pre-Judgment Proceedings - A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Friday immediately preceding the Rule Day on which the motion is to be heard. "Service" shall be pursuant to CR 5.01 and as described in CR 5.02.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Proof of service on the adverse party must be filed in the record.
G. Proof of service on the adverse party must be filed in the record.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, as described in CR 5.02.
Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 5.02. Service upon the opposing attorney of record shall be as described in CR 5.02.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
If the respondent has been served, the emergency protective order must be reissued and served with a summons stating the new hearing date.
If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.
Civil cases
Page 15 | 402 Domestic Violence Hearings
All parties must receive at least five days’ notice of hearings and reviews, except when good cause is shown or an emergency exists.
B. Except in cases where good cause is shown or an emergency exists, all parties shall be given a minimum of five (5) days notice of all hearings and reviews.
Civil cases
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
After the hearing, the Petitioner must continue diligent efforts 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.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
If an unserved second parent or person exercising custodial control or supervision is later notified of the proceedings, the Court must hear the matter and give preference to statutory custody-entitlement actions.
If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing but subsequently notified of the proceedings, the Court shall hear the matter, giving preference to statutory actions seeking entitlement of custody.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
Notice of the review request is required to all parties under 28 RFFC 202B.
Notice is required to all parties as set forth in 28 RFFC 202B.
Civil cases
Page 19 | 607 REQUESTING A COURT REVIEW
The DNA-12 Form must be provided to parties or their counsel at least three business days before the scheduled hearing.
The DNA-12 Form shall be provided to any parties or their counsel at least three (3) business days prior to the scheduled hearing.
Civil cases
Page 19 | 606 DISPOSITION HEARINGS
Counsel for the recipient must mail the wage withholding.
It shall be the responsibility of counsel for the recipient of the child to draft, file and mail the wage withholding utilizing the AOC Form 152 and the OMB-0970-0154 if filed by a private party or the CS-89 if filed by the state child support agency, in compliance with FCRPP 9.
Civil cases
Page 21 | 702 CHILD SUPPORT
The written motion requesting an order to release confidential video records must provide notice to all parties and to the child's Guardian ad Litem, if any.
An individual requesting a 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 of the request.
Civil cases
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
All parties must be properly served.
Have all the parties been properly served?
Civil cases
Page 39
All parties must be properly served in the involuntary termination action.
Have all the parties been properly served? (KRS 625.070)
Civil cases
Page 43 | INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
Notice of a motion must be served at least five days before the hearing date.
Notice of motions shall be served at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
The hearing notice must be served upon the opposing party.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Page 9 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
The judge may proceed with a temporary removal or adjudicatory hearing despite one parent not being served if the record establishes the Petitioner’s timely, diligent efforts to serve the other parties, including the specified contact or other legally compliant measures.
The judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served, if it is established on the record that Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent or other measures in compliance with statutory requirements.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
Motions to assign a case for trial or for a pre-trial conference do not need a noticed hearing date.
Motions to assign a case for trial or for a pre-trial conference need not be noticed for a hearing date.
Page 5 | II. MOTIONS
The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel or a Guardian Ad Litem.
A. The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel and Guardians Ad Litem.
Civil cases
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
Filing Fees and Waivers
In Pulaski Circuit Court, the Commissioner must advise the parties of the fee after each hearing, the fee must be paid through the Clerk by the fifth working day, and counsel must notify the Commissioner of payment.
a) In Pulaski Circuit Court, at the conclusion of each hearing, the Commissioner shall advise the parties of the amount of the hearing fee. Such fee shall be paid through the office of the Pulaski Circuit Court Clerk not later than the fifth working day following the conclusion of the hearing. Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
Commissioner hearing fees are $40 per hour, assessed by quarter-hour increments, due through the Clerk by the fifth working day after the hearing, and subject to the stated case, reopening, and uncontested-divorce caps.
For any hearing the commissioner shall receive a fee of $40.00 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of the Circuit Court Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600.00 shall be assessed in any case regardless of the number and length of hearings, except that if a case is reopened additional fees totalling not more than $200.00 may be assessed. No more than $15.00 shall be assessed in any uncontested divorce.
Page 9 | III. Domestic Relations Cases
In Lincoln Circuit Court, the moving party must pay $20 toward the Commissioner's fee, additional fees apply if the hearing exceeds half an hour, the pre-paid fee is refunded if no hearing occurs, and the total fee may not exceed the amount allowed by the cited rules.
b) In the Lincoln Circuit Court, the party filing the motion shall remit to the Clerk a payment of $20.00 toward the Domestic Relations Commissioner's fee. Additional fees will be assessed if the duration of the hearing exceeds one-half hour. If the matter is resolved without a hearing, the pre-paid fee shall be refunded. In no event shall the fee exceed the amount allowable by the Civil Rules and Rules of the Kentucky Supreme court.
Page 10 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
A $50 fee is due when filing a qualifying motion to modify a paternity judgment reopened after six months, except for Title IV-D child-support-enforcement motions and movants proceeding in forma pauperis.
Pursuant to FCRPP 14(1), a fee of $50.00 shall be paid by the movant in paternity cases reopened after six (6) months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant is proceeding in forma pauperis.
Civil cases
Page 17
In Pulaski Circuit Court, the Commissioner advises the parties of the hearing fee, which must be paid through the Clerk by the fifth working day after the hearing, and counsel must notify the Commissioner of payment.
a) In Pulaski Circuit Court, at the conclusion of each hearing, the Commissioner shall advise the parties of the amount of the hearing fee. Such fee shall be paid through the office of the Pulaski Circuit Court Clerk not later than the fifth working day following the conclusion of the hearing. Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Commissioner hearing fees are $40 per hour, payable through the Circuit Court Clerk by the fifth working day after the hearing, subject to the stated caps and uncontested-divorce limit.
For any hearing the commissioner shall receive a fee of $40.00 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of the Circuit Court Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600.00 shall be assessed in any case regardless of the number and length of hearings, except that if a case is reopened additional fees totalling not more than $200.00 may be assessed. No more than $15.00 shall be assessed in any uncontested divorce.
Page 9 | III. DOMESTIC RELATIONS CASES
In Lincoln Circuit Court, the party filing a motion must pay $20 toward the Commissioner's fee; additional fees may apply for hearings longer than one-half hour, the prepaid fee is refunded if no hearing occurs, and the fee may not exceed the amount allowed by the cited rules.
b) In the Lincoln Circuit Court, the party filing the motion shall remit to the Clerk a payment of $20.00 toward the Domestic Relations Commissioner's fee. Additional fees will be assessed if the duration of the hearing exceeds one-half hour. If the matter is resolved without a hearing, the pre-paid fee shall be refunded. In no event shall the fee exceed the amount allowable by the Civil Rules and Rules of the Kentucky Supreme court.
Page 10 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Service of the motion, affidavit, and order proceeds after any applicable fees have been paid.
F. If appropriate fees, if any, have been paid, the motion, affidavit and order will then be served on the responding party as follows:
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Courtesy Copy Requirements
A copy of each motion must be served on the circuit judge at least five days before the hearing date.
A copy of each motion shall also be served upon the circuit judge at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
before the Family Court, the parties should provide an advance copy of the motion to the Family Court Judge to allow review and research prior to the hearing.
before the Family Court, the parties should provide an advance copy of the motion to the Family Court Judge to allow review and research prior to the hearing.
Civil cases
Page 7 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Sealing & Redaction Procedures
The Circuit Clerk's video office must not release a Circuit Family Court in-chamber child interview video without a specific written order from the Family Court Judge.
Pursuant to FCRPP 27, the Circuit Clerk's video office shall not release any Circuit Family Court video in-chamber interview with a child without a specific written order of the Family Court Judge.
Civil cases
Page 32 | 906 VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Confidential Circuit Court video records generally require a specific written order from the presiding Family Court Judge for release; the stated statutory exception applies to qualifying certified public officers or employees, who may use and distribute the information only for authorized investigation or prosecution.
The Circuit Clerk's video office shall not release any copies of Circuit Court confidential video records, without a specific written order from the presiding Family Court Judge. An individual requesting a 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 of the request. Except that, pursuant to KRS 610.340(2), this shall not apply to public offenders or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Civil cases
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
Only official court personnel may view sealed records without further authorization; others may view them upon a properly noticed motion and entry of a certified order from the assigned Judge.
Only official court personnel may view the sealed portion of the record. All other individuals may view the sealed information with a properly noticed motion and the entry of a certified court order of the Judge to whom the matter has been assigned.
Civil cases
Page 32 | 905 SEALED RECORDS
Counsel and the parties are responsible for ensuring that pleadings and other papers redact personal data identifiers as required by local rules.
It is the sole responsibility of the counsel and the parties to ensure that all pleadings and other papers comply with the local rules of this Court requiring redaction of personal data identifiers.
Civil cases
Page 32 | 905 SEALED RECORDS
The clerk will not review each document to verify that personal data identifiers have been redacted.
The clerk will not review each document for redaction.
Civil cases
Page 32 | 905 SEALED RECORDS
Pre-Motion Conference Requirements
Before filing a motion for hearing before the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length; the Commissioner must schedule it as soon as practicable and within two weeks after filing unless the parties agree to a later date and the matter is not urgent.
Prior to the filing of a motion to be heard by the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for hearing of the motion. Counsel shall inform the Domestic Relations Commissioner of the anticipated length of the hearing. The time, date and place of the hearing shall be included in the notice served upon the opposing party. The Domestic Relations Commissioner shall schedule the hearing as soon as practicable but not later than two weeks after the filing of the motion, unless the parties agree to a later hearing and the urgency of the matter is not great.
Page 9 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel, for a protective order, or for sanctions; such a motion may be filed only if the dispute remains unresolved.
Counsel shall make a good faith effort to resolve all discovery disputes. A motion to compel discovery, for entry of a protective order, or for sanctions pursuant to CR 26 or CR 37 shall be filed only if counsel are unable to resolve a discovery dispute.
Civil cases
Page 12 | 208 DISCOVERY
Before filing a motion for the Domestic Relations Commissioner, moving counsel must contact the Commissioner and provide the anticipated hearing length; the hearing must be scheduled within two weeks after filing unless the parties agree to a later date and the matter is not urgent.
Prior to the filing of a motion to be heard by the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for hearing of the motion. Counsel shall inform the Domestic Relations Commissioner of the anticipated length of the hearing. The time, date and place of the hearing shall be included in the notice served upon the opposing party. The Domestic Relations Commissioner shall schedule the hearing as soon as practicable but not later than two weeks after the filing of the motion, unless the parties agree to a later hearing and the urgency of the matter is not great.
Page 9 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Lincoln Circuit Court motions for hearings before the Domestic Relations Commissioner must be set on the specified monthly Tuesday dates for each division.
The motions for hearing before the Domestic Relations Commissioner in the Lincoln Circuit Court shall be set as follows: Division I - Tuesday, ten days prior to the second Friday of each month; Division II - Tuesday, ten days prior to the fourth Friday of each month.
Page 10 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Before the hearing date, the Court may order a written response to a summary judgment motion and decide it without a hearing.
The Court may, prior to the hearing date, order the filing of a written response to the motion and take the motion under submission for a ruling without a hearing.
Page 7 | II. Motions
In Lincoln Circuit Court, motions for hearing before the Commissioner must be set on the specified monthly Tuesday dates for Division I or Division II.
The motions for hearing before the Domestic Relations Commissioner in the Lincoln Circuit Court shall be set as follows: Division I - Tuesday, ten days prior to the second Friday of each month; Division II - Tuesday, ten days prior to the fourth Friday of each month.
Page 10 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
Before the hearing date, the Court may order a written response and decide the motion without a hearing.
The Court may, prior to the hearing date, order the filing of a written response to the motion and take the motion under submission for a ruling without a hearing.
Page 7 | II. MOTIONS — Civil motions
Adjournment & Extension Requirements
Upon settlement or a continuance request when a trial or hearing is scheduled, counsel must promptly notify the Clerk and Court in writing by proposed order identifying the scheduled date and removing the matter from the calendar.
Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.
Civil cases
Page 12 | 209 NOTICE OF SETTLEMENT OR REQUEST FOR CONTINUANCE
A waiver of the 45-day requirement or a continuance of the temporary custody order beyond 45 days requires all parties’ written agreement and specific reasons showing that it serves the child’s best interest.
In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall agree in writing and state specific reasons why the waiver and/or continuance beyond the 45 days is necessary to serve the best interest of the child, i.e., for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.
Civil cases
Page 19 | 608 CONTINUANCES
If a hearing requires more than fifteen minutes, the Court may place it at the end of the docket or set another date; counsel may advise the Court at the beginning of the docket that rescheduling is needed.
If parties require more than fifteen minutes to present their evidence, the Court may assign the parties to a time at the end of the docket or the parties may be given another date. Counsel for either party may approach the bench at the beginning of the docket to advise the Court that an extended evidentiary hearing will be required and the case should be rescheduled to an appropriate date.
Civil cases
Page 15 | 402 Domestic Violence Hearings
On motion and for good cause, the Court may, in its discretion, extend discovery time in custody or complex economic issues.
C. Upon motion to the Court, discovery time may be extended in custody issues and complex economic issues, at the discretion of the Court and for good cause shown.
Civil cases
Page 23 | 705 Discovery in contested actions for Divorce or Legal Separation
Chambers Communication Rules
After business hours, police agencies or other offices handling a domestic violence petition must contact the designated judge or other judicial officer for consideration, following the stated priority order.
A. Police agencies or other offices handling a petition for an Emergency Protective Order or Domestic Violence Order after business hours without the assistance of the circuit clerk or deputy clerk shall contact for consideration of the Petition: 1. If it can be determined that a dissolution action or child custody action is pending within the county in circuit court, the circuit judge presiding over the pending case. If that judge is unavailable, then to the other circuit judge or a district judge, or district court trial commissioner, in that order; 2. otherwise, to the district judge. If the district judge is unavailable, then to a district court trial commissioner, if any, or to a circuit judge, in that order.
Page 19 | IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS
If the parties cannot agree on a mediator or mediation service, they must notify the court so it can select one.
If the parties cannot agree, they shall notify the court, which will select a formal mediator or a mediation service.
Civil cases
Page 28 | 5. Appointment of Mediator.
Staff mediators must not communicate settlement efforts to the Court except as provided for non-staff mediation techniques.
Staff mediators shall not communicate to the Court regarding any settlement efforts except as non-staft mediation techniques are reflected herein.
Civil cases
Page 31 | 14. Staff Mediation
Upon receipt of a petition during regular business hours. the authorized agency/officer shall present the petition to the following: To the Family Court Judge, or if unavailable, the District Judges or to the Trial Commissioner, in that order. If neither is available, the clerk shall cause the petition to be delivered for consideration to any Circuit Judge.
Upon receipt of a petition during regular business hours. the authorized agency/officer shall present the petition to the following: To the Family Court Judge, or if unavailable, the District Judges or to the Trial Commissioner, in that order. If neither is available, the clerk shall cause the petition to be delivered for consideration to any Circuit Judge.
Civil cases
Page 47 | II. Twenty-four Hour Accessibility
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Trial Commissioner, or if unavailable the District Judges, or the Family Court Judge in that order. If neither is available, the clerk shall cause the petition to be delivered for consideration to any Circuit Judge.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Trial Commissioner, or if unavailable the District Judges, or the Family Court Judge in that order. If neither is available, the clerk shall cause the petition to be delivered for consideration to any Circuit Judge.
Civil cases
Page 47 | II. Twenty-four Hour Accessibility
If a matter is resolved before its scheduled hearing, the Domestic Relations Commissioner must be notified immediately so the reserved time can be made available to other litigants.
If the matter to be heard is resolved prior to the time fixed for the hearing, the Domestic Relations Commissioner shall be notified immediately so that the time reserved for the hearing will be available to other litigants.
Page 10 | III. DOMESTIC RELATIONS CASES
Counsel must notify the Domestic Relations Commissioner when a hearing is expected to exceed one hour so a special hearing time can be arranged.
when counsel expects that a hearing will exceed one hour in duration, the Domestic Relations Commissioner shall be notified so that a special hearing time can be arranged.
Page 10 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
After-hours petition handlers must contact the designated judge or commissioner for consideration, following the specified order based on pending cases and availability.
Police agencies or other offices handling a petition for an Emergency Protective Order or Domestic Violence Order after business hours without the assistance of the circuit clerk or deputy clerk shall contact for consideration of the Petition: 1. If it can be determined that a dissolution action or child custody action is pending within the county in circuit court, the circuit judge presiding over the pending case. If that judge is unavailable, then to the other circuit judge or a district judge, or district court trial commissioner, in that order; 2. otherwise, to the district judge. If the district judge is unavailable, then to a district court trial commissioner, if any, or to a circuit judge, in that order.
Page 19 | IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS
Counsel must notify the Domestic Relations Commissioner when the hearing fee has been paid.
Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
If a matter is resolved before its scheduled hearing, the Commissioner must be notified immediately so the reserved time can be made available to other litigants.
If the matter to be heard is resolved prior to the time fixed for the hearing, the Domestic Relations Commissioner shall be notified immediately so that the time reserved for the hearing will be available to other litigants.
Page 10 | III. Domestic Relations Cases
Counsel must notify the Commissioner when a hearing is expected to exceed one hour so a special hearing time can be arranged.
when counsel expects that a hearing will exceed one hour in duration, the Domestic Relations Commissioner shall be notified so that a special hearing time can be arranged.
Page 10 | III. Domestic Relations Cases — Payment of fees and Scheduling of Hearings
Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
Page 11 | III. Domestic Relations Cases
Petitioners seeking to initiate criminal contempt proceedings should contact the Circuit Clerk, County Attorney, a law enforcement agency, or a peace officer.
B. Petitioners seeking to initiate criminal contempt proceedings should contact the Circuit Clerk, County Attorney, any Law Enforcement Agency or Peace Officer.
Page 5 | Contempt Proceedings
Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.
Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.
Civil cases
Page 31 | 902 PROOF
Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
Page 11 | III. DOMESTIC RELATIONS CASES
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
Counsel may approach the bench at the beginning of the docket to advise the Court that an extended evidentiary hearing is needed and rescheduling should be considered.
Counsel for either party may approach the bench at the beginning of the docket to advise the Court that an extended evidentiary hearing will be required and the case should be rescheduled to an appropriate date.
Civil cases
Page 15 | 402 Domestic Violence Hearings
Parties or counsel should contact the Family Court office to request an intake form to determine eligibility for informal staff mediation.
To determine if parties qualify for informal staff mediation, parties or their counsel should contact the Family Court office to request an intake form.
Civil cases
Page 31 | 14. Staff Mediation
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk, County Attorney, a law enforcement agency, or a peace officer.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Clerk, County Attorney, any Law Enforcement Agency or Peace Officer.
Civil cases
Page 48 | IV. Contempt Proceedings
After receiving a motion to set a trial or pre-trial conference date, the Court will telephone counsel to determine whether there is an objection.
Upon receipt of the motion, the Court will contact counsel by telephone to ascertain any objection to the motion to set a trial or pre-trial conference date.
Page 5 | II. MOTIONS