Logan Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Chambers
Document Format Requirements1 rule
Protective-order petitions 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.
Document Filing Requirements31 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.
Before recommending on a petition, the Commonwealth's Attorney must obtain a criminal record check, provide a copy to the Court and defendant, and conduct any other investigation deemed necessary under KRS 533.252(3).
Court's wording
Before making a recommendation to the Court, the Commonwealth's Attorney shall: 1. Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant. The Commonwealth attorney shall also conduct any other investigation deemed necessary as required by KRS 533.252(3).
When diversion is recommended, the prosecutor must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful.
Unless counsel specifies otherwise, an entry of appearance is considered to be for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
After appearing, counsel must remain of record through the notice-of-appeal filing period unless the Court relieves counsel upon written motion and notice.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.
On pleadings, motions and in their entry of appearance, counsel shall set forth their office address, mailing address, telephone number, fax number and e-mail address.
Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.
Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.
The notice must state that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party, if there is no attorney) to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless a response is filed.
motion will routinely be granted by the court in ten days unless a response is filed. The foregoing motion is submitted to the court for decision pursuant to CR 78(2).
Summons are required to be issued by the Clerk "in the name of the Commonwealth." CR 4.02.
A tendered judgment will likewise not be entered where it contains such language.
Default Judgments will not be entered where the record indicates that the alleged default is based upon a "summons" containing language suggesting that it was issued by a debt collector or is itself an effort to collect a debt.
Motions for Default Judgment must be in compliance with FCRPP 3(2), if applicable, and accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.
The law does not authorize summons to be issued by debt collectors
divorce decrees shall comply with the requirements of FCRPP 3(1)
Every tendered ex parte order shall contain blanks for the date and hour of issuance and shall define the injury and state why it is irreparable and why the order was granted without notice.
Tendered ex parte orders for injunctive relief shall additionally contain proposed findings of fact and conclusions of law.
An application for emergency or ex parte relief must include a bond with surety, an affidavit or sworn complaint establishing the stated violation and immediate irreparable harm, and the applicant's attorney's certification about notice efforts and reasons notice should not be required.
Court's wording
The civil rules pertaining to such matter (CR 65.01 through CR 65.05) require 1: bond with surety, 2: affidavit or sworn complaint stating that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, 3: certification by the applicant's attorney concerning the efforts, if any, which have been made to give notice and the reason supporting claims that notice should not be required.
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.
and shall be accepted and filed with the court.
B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.
1. Have a criminal record check made [Pretrial Services at AOC will fax the Commonwealth attorney shall also conduct any other investigation deemed necessary as NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.
3. When diversion is recommended, the prosecutor must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful.
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
Police agencies must keep blank Domestic Violence Petition and Emergency Protective Order forms available to officers on all shifts when the Clerk's Office is closed.
Court's wording
All police agencies shall keep and maintain on hand the necessary blank Domestic Violence Petition (AOC-275,1) forms and Emergency Protective Order (EPO) forms (AOC-275.2) to be available to law enforcement officers on all shifts for use when the Circuit Court Clerk's Office is closed.
If reassignment or transfer occurs the issuing Judge shall re-issue a summons until the matter may be heard by the receiving judge.
Motions concerning matters which counsel believes may not be contested may be made under CR 78(2) without oral hearings upon brief written statements of reasons in support and opposition.
should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).
The document should not be retendered to the Judge until each of the deficiencies listed in the Notice Of Inaction has been addressed.
Filing & Service rules
Filing Timing and Cure Windows
An eligible person may petition for pretrial diversion after indictment, but must do so no later than five days before trial.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Criminal cases
Page 1 | III. Procedure
Counsel must file the entry of appearance immediately upon being retained, unless the appearance is apparent from the record.
Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.
Page 2 | Rule 1. INTRODUCTION and ADMINISTRATIVE PROCEDURES
Responses and replies must be filed at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 203
The court must review protective-order petitions immediately upon filing, should review them within an hour of presentation, and should not send petitioners away or leave them waiting for extended periods; the one-hour recommendation does not apply when no judge or trial commissioner is available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 12 | Uniform Protocol for Handling Cases
An eligible person may petition for a pretrial diversion order after indictment, but no later than five days before trial.
A. After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Page 16 | APPENDIX C, III.A
A CR 78(2) motion may be routinely granted ten days after filing unless a response is filed.
under this local rule the motion may be granted routinely by the Court ten days after filing unless a response is filed.
Page 4 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 204. MOTIONS UNDER CR 78(2)
Service and Proof of Service Rules
A pretrial-diversion petition must be accompanied by notice to the Commonwealth's Attorney.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Criminal cases
Page 1 | III. Procedure
The Court may revoke or void diversion participation after a hearing, with notice to the Commonwealth's Attorney and defendant, upon a showing of noncompliance or unsatisfactory progress.
A. After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.
Criminal cases
Page 2 | V. Revocation
Before recommending on a petition, the Commonwealth's Attorney must interview and seek input from the victim or family and advise them when and where the petition will be heard.
Interview and seek input from the victim and/or victim's family as provided in KRS 533.252(2) and advise them of the time, date and place the petition will be heard by the Court;
Criminal cases
Page 2 | III. Procedure
A copy of the written motion and notice seeking relief from counsel's responsibilities must be served on the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.
Page 2 | Rule 1. INTRODUCTION and ADMINISTRATIVE PROCEDURES
Responses and replies must be served on opposing counsel at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 203
Notices of hearing must be served on opposing counsel at least five days before the hearing.
All notices of hearing are to be served on opposing counsel not less than five days before the hearing
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 203
A pretrial diversion petition must be brought with notice to the Commonwealth's Attorney.
A. After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Page 16 | APPENDIX C, III.A
The Court may revoke or void participation in the diversion program after a hearing with notice to the Commonwealth's Attorney and the defendant.
A. After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.
Page 17 | V. Revocation
Filing Fees and Waivers
Each party must pay a Court-approved fee when attending the clinic.
A fee in an amount to be approved by the Court shall be paid by each party at the time of attending the clinic.
Page 9 | Rule 5. DOMESTIC RELATIONS PRACTICE
Pre-Motion Conference Requirements
Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.
Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 201. RULE DAYS
Counsel must confer with opposing counsel about the hearing date and time and file written notice pursuant to the Civil Rules.
Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 202
Before filing a motion for emergency or ex parte relief with the Circuit Clerk, the movant's attorney must first present a proper motion and tendered order directly to a judge; if the Circuit Judge is absent from the county, submit the order to an alternate judicial officer specified by the civil rules.
No motion for emergency or ex parte relief shall be filed with the Circuit Clerk unless a proper motion with a tendered order has been first presented directly and personally (telephone and/or facsimile communications are acceptable) to a judge by the attorney for the movant. The civil rules specify alternate judicial officers to whom the order shall be submitted if the Circuit Judge is not present in the county.
Page 6 | 207. EX PARTE MOTIONS
The following are examples of motions which should not be filed under CR 78(2): Motions concerning contested discovery matters; motions for contempt or requesting sanctions; motions to set a case for trial or to schedule hearings on specific dates; motions to schedule deadlines.
The following are examples of motions which should not be filed under CR 78(2): Motions concerning contested discovery matters; motions for contempt or requesting sanctions; motions to set a case for trial or to schedule hearings on specific dates; motions to schedule deadlines.
Page 4 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 204. MOTIONS UNDER CR 78(2)
A party opposing a CR 78(2) motion may request an oral hearing in the response and schedule it on rule day.
Should the party opposing the motion under CR 78(2) wish to have an oral hearing on the question, he may in his response so state and schedule a hearing on rule day as set forth above.
Page 4 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 204. MOTIONS UNDER CR 78(2)
Adjournment & Extension Requirements
Hearings on motions exceeding 15 minutes may be continued to a special date and time.
Hearings on motions which exceed 15 minutes may be continued to a special date and time.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 201. RULE DAYS
For good cause shown, the Court may grant relief from the notice requirements.
For good cause shown, the Court may grant relief from these notice requirements.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 203
Chambers Communication Rules
After office hours, the officer must follow the judicial officer’s instructions for telefaxing or delivering the completed petition and order form.
After office hours, the officer shall follow instructions given by the judicial officer in telefaxing or delivering the completed petition and order form to the judicial officer.
Page 13 | II. Twenty-four Hour Accessibility
After the petitioner completes the form, the law enforcement officer must supply it and contact a judicial officer directly by telephone.
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
Page 13 | II. Twenty-four Hour Accessibility
After the petitioner completes the petition, the officer must contact a judicial officer directly by telephone.
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
Page 3 | Twenty-four Hour Accessibility
Hearings are scheduled through the Judge's office by telephone or in person.
Hearings are to be scheduled by telephone or in person through the office of the Judge.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 201. RULE DAYS
Counsel scheduling a hearing expected to exceed 15 minutes should notify the Court and request a special date and time.
Counsel scheduling hearings on motions expected to exceed 15 minutes should notify the Court of this fact and request a special date and time for the motion.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING; 201. RULE DAYS
For an uncontested matter needing immediate attention, counsel should deliver the materials directly to the Circuit Judge and request immediate action.
In the event an uncontested matter needs immediate attention, counsel should deliver the material directly to the Circuit Judge and request immediate action.
Page 5
For a hearing expected to last more than 15 minutes, parties are asked to call the judge’s office to arrange a special date and time.
For hearings anticipated to take more than 15 minutes, please call the judges office for a special date and time.
Page 10 | APPENDIX A — SEVENTH JUDICIAL CIRCUIT COURT SCHEDULE
Telephone and facsimile communications are acceptable when presenting the motion and tendered order to a judge.
telephone and/or facsimile communications are acceptable
Page 6 | 207. EX PARTE MOTIONS
Judicial officers may be reached by telephone 24 hours a day through each county’s emergency dispatch center.
Judicial officers may be reached by telephone on a 24 hour basis through the emergency dispatch centers in each county.
Page 13 | II. Twenty-four Hour Accessibility
Judicial officers may be reached by telephone 24 hours a day through each county's emergency dispatch center.
Judicial officers may be reached by telephone on a 24 hour basis through the emergency dispatch centers in each county.
Page 3 | Twenty-four Hour Accessibility