Lyon County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date.
- A continuance request must be made immediately in a written motion stating the reasons after an unsuccessful attempt to agree on a new date; if no hearing can be scheduled before the original date, the motion continues until an agreed date or the next regular motion hour, whichever comes first.
Request must include
Communication
Phone
Chambers
Document Filing Requirements50 rules
Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record .
Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney .
In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them .
Petitions seeking protection under KRS Chapter 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.
Any case that is stacked but not tried shall be noticed by the Plaintiff's attorney (or the Movant’s attorney) for rescheduling at the next available Motion Day in that county.
There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum. The response to any motion shall be in similar form
Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.
- Document
- Motion or memorandum
Must include
- •Proposed order
A motion for default judgment must include a certificate or verification addressing the listed service, balance, and defendant-status information.
Court's wording
All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.
Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Rule Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.
A CR 78(2) motion must identify itself as made under that rule and notify opposing counsel that it may be routinely granted ten days after filing unless an objection or response is received.
Court's wording
The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
A discovery motion must include a certificate stating that counsel conferred or corresponded with opposing counsel, could not resolve the dispute, and exhausted reasonable extrajudicial means.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
(b) In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.
(d) Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.
Upon receipt of the original, which is still necessary to file, the clerk will attach it to the fax copy already of record.
Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
In dissolution actions, a checklist-and-certification attachment must be filed with the Motion to Submit.
Court's wording
In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).
A Notice must be filed for the CMC to be scheduled; on the regular Rule Day, it is scheduled at 9:00 a.m. in Division II and 1:00 p.m. in Division I for the listed counties.
Court's wording
The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows: (a) Caldwell County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (b) Livingston County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (c) Lyon County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (d) Trigg County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I.
If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.
The rule will recite that it is returnable before the Court at a day and time certain for the other party to appear and show cause why he/she should not be held in contempt.
A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
An order for sale must include the specified caption, property, judgment, default-party, and certification information; abbreviations such as “etc.” and “et al” are prohibited in the caption.
- Document
- Order of sale
Must include
- •Caption
Court's wording
Orders for the sale of property shall contain: (a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number; (d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money); (e) the names of all parties who are in default; and (f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.
Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted;
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.
An order of sale must not designate the auctioneer or appraisers, except that a known reason for disqualification may be included.
Court's wording
designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
Petitions seeking protection under KRS Chapter 403 or 456 must be made on form AOC-275.1 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.
K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.
J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.
L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.
I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.
A default Motion to Submit is subject to the stated appearance, pleading, service-period, notice, and military-duty conditions.
Court's wording
M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.
Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.
In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.
In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.
However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.
An order of sale may direct the Master Commissioner to execute releases, but if it does, it must state the book and page number for each lien to be released.
Court's wording
a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale. If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded;
An order of sale may direct payment of outstanding property taxes, but such a directive must identify the taxed person or persons, tax year, and tax bill number.
Court's wording
a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.
Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.
CERTIFICATE OF SERVICE:
- Placement
- Certificate section
Include
- •Certificate of service
The undersigned certifies that the information contained on the attachment is true and correct.
If there are minor children, the checklist requires sixty days to have elapsed from the earliest listed service or appearance event.
Court's wording
H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).
F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.
If the parties have minor children and are ordered to attend the listed classes, completion certificates must be filed in the record or attached to the Motion to Submit.
Court's wording
E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.
ATTACHMENT TO MOTION TO SUBMIT The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:
The required sworn deposition or affidavit must be filed in the record or attached to the Motion to Submit and address the specified testimony and circumstances.
Court's wording
G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.
The checklist requires the final verified mandatory case disclosure or an affidavit to be filed with the Motion to Submit, unless waived under LR 702.
Court's wording
D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.
An order of sale may include special conditions, such as on-site sale, combinations of tracts, or additional advertising.
Court's wording
Orders of sale may contain: (a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute;
Filing & Service rules
Electronic Filing Rules
Attorneys and parties must comply with Kentucky Supreme Court rules and orders regarding e-filing.
Attorneys and parties shall comply with Kentucky Supreme Court Rules and Orders regarding e-filing.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
When necessary, facsimile copies and accompanying documents may be received and filed like originals received by mail.
When necessary, facsimile copies and accompanying documentation will be received by the clerk and filed in the same manner as if they were originals received in the mail.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
Filing Timing and Cure Windows
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 3
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 3
Petitions will be reviewed within an hour of presentation unless a judge or trial commissioner is unavailable.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 4 | Twenty-four Hour Accessibility
Motions filed within seven calendar days of a Rule Day are placed on the next month’s Rule Day unless extraordinary circumstances and prior Court approval allow otherwise.
Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.
Page 9 | RULE 204. MOTION PRACTICE — Deadline for filing motions
Motions must be filed by 4:00 p.m. at least seven calendar days before the scheduled Rule Day.
The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.)
Page 9 | RULE 204. MOTION PRACTICE — Deadline for filing motions
When service is by mail, three additional days are added when computing time under CR 6.01.
Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.
Page 12 | Motions Under CR 78(2)
Post-judgment motions are subject to the ten-day rule unless noticed for the next regular Rule Day after filing.
(e) Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.
Page 14 | RULE 206(2)(e)
Facsimile copies are entered upon receipt by the clerk.
In other words, they will be entered upon receipt.
Page 15 | RULE 209. E-FILING AND FAXED COPIES OF PLEADINGS.
The required disclosure filing or permitted no-change affidavit must be filed no later than five days before trial.
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Page 17 | RULE 702. UNCONTESTED MATTERS.
If no objection is filed within ten days after service of the Summons, Petition, and Motion, the Court will enter the Status Quo Order.
If no objection is filed within ten (10) days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
Immediately after a sale, the Master Commissioner must report to the Court; the Clerk must give notice, and the report lies over under CR 53.06.
Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.
Page 22 | RULE 1003. JUDICIAL SALES
In a default case involving personal service, the Respondent must have been served more than twenty days before the Motion to Submit.
(b) the Respondent was personally served more than twenty days before this Motion to Submit
Page 31 | APPENDIX 2: FORM 1 & FORM 2
For service through a warning order attorney, the attorney must have filed a report and more than fifty days must have elapsed since the attorney's appointment.
if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney
Page 31 | APPENDIX 2: FORM 1 & FORM 2
Petitions should be reviewed within an hour of presentation unless no judge or trial commissioner 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 3
A CR 78(2) motion may be routinely granted ten days after filing unless an objection is received or a response is filed.
The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
Page 11 | Motions Under CR 78(2)
Matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Page 23 | RULE 11. DISTRICT COURT.
The judge will decide the Motion to Submit without an oral hearing ten days after filing unless an opposing party files an objection or requests a hearing.
This Motion to Submit is brought under LR 204(10) (CR 78(2)) and will be decided by the judge without any oral hearing ten (10) days after filing, unless an opposing party files an objection or a request for an oral hearing.
Page 29 | APPENDIX 2: FORM 1 & FORM 2
A response to a motion must be filed with the Clerk at least two days before the scheduled hearing.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date
Page 10 | RULE 204. MOTION PRACTICE — Brief Statement of Motion
Service and Proof of Service Rules
Every pre-trial diversion application must be served upon the Commonwealth Attorney; the required method of service is not specified.
Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney .
Criminal cases
Page 3 | Procedure
Each motion must be served on opposing counsel and any unrepresented party entitled to notice using CR 5.02 methods, including CR 5.02(2) methods when e-filing.
Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02. In the event of e- filing, counsel shall comply with the methods defined in CR 5.02(2).
Page 9 | RULE 204. MOTION PRACTICE — Motion Service
A motion response must be properly served on opposing counsel or an unrepresented party entitled to notice.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.
Page 10 | RULE 204. MOTION PRACTICE — Brief Statement of Motion
A copy of a written continuance motion must be served on opposing counsel.
Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.
Page 10 | RULE 204. MOTION PRACTICE — Continued Motions
Motions for post-judgment relief, including in family cases, must be served on the opposing party in addition to any other required service.
(b) Motions for post-judgment relief, including family cases, shall be served upon the opposing party, in addition to any other required service.
Page 12 | Post-Judgment Motions
A motion to withdraw as attorney must be served on the client in addition to any other required service.
A motion to withdraw as attorney shall be served on the client, in addition to any other required service.
Page 12 | Motion to Withdraw From Representation
The clerk must include a copy of the Motion with the Summons and Petition for service.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
If the Petitioner did not request a Status Quo Order, the Respondent may seek one at the initial appearance or by motion, but must give the Petitioner notice without the clerk's assistance.
If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule. However, the Respondent must provide notice of the motion upon the Petitioner without assistance of the clerk.
Page 18 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.
An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.
Page 19 | RULE 709. CONTEMPT PRACTICE
A contempt rule may not be heard sooner than seven days after it is issued and served, and may not be heard unless served under CR 5.02; if the opposing party remains represented, both counsel and the party must be served, unless otherwise ordered.
The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.
Page 19 | RULE 709. CONTEMPT PRACTICE
When a nonparty purchases the property, subsequent motions and reports concerning confirmation, including objections to the Commissioner's Report, must be served on the purchaser under CR 5.02.
When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
Page 22 | RULE 1003. JUDICIAL SALES
Motions concerning matters referred to the Master Commissioner must be served on the Master Commissioner as though the Commissioner had appeared as a party.
All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.
Page 22 | RULE 1003. JUDICIAL SALES
A copy of the Motion to Submit must be served on the Respondent at the Respondent's last known address.
(c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address
Page 31 | APPENDIX 2: FORM 1 & FORM 2
Discovery material must be filed and/or served in compliance with CR 5.06.
(c) Discovery material will be filed and/or served in compliance with CR 5.06.
Page 13 | Discovery Requests
The requesting party should attempt to furnish the responding party an electronic copy of discovery requests to facilitate answering them.
(a) In propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with LR 205(3)(b) below.
Page 13 | Discovery Requests
A true copy must be served by regular mail, postage prepaid, on the listed recipient, with service certified.
CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________
Page 29 | APPENDIX 2: FORM 1 & FORM 2
Filing Fees and Waivers
After a private party obtains a venue change or transfer, that party must advance the postage costs for sending the record to the new clerk.
When venue is changed or a case transferred on motion of a private party, after entry of the Order, the party requesting the venue change or transfer must advance to the appropriate circuit clerk the postage costs for sending the record to the appropriate new circuit clerk. The record will be mailed upon receipt of payment by the appropriate clerk.
Page 15 | RULE 208. TRANSFER/CHANGE OF VENUE.
Cash, checks, money orders, and online ePay are listed as payment options; Comchek is not accepted.
Cash, check, money order. No Comchek. Pay online with ePay.
Page 1 | Relative Content
In civil cases, a $50 fee is assessed each time filed items exceed 50 or another multiple of 50, collected from the plaintiff after judgment or final order; post-judgment documents are excluded from the count.
A fee of $50.00 in civil cases in each instance in which the number of items filed surpasses 50 in number or a multiple thereof (the 51st item, 101st item, etc.) to be collected from the Plaintiff following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04. Post-judgment documents are excluded from the computation.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS
For a civil jury trial lasting more than four days, a $100 fee is assessed for each additional day and collected from the party who requested the jury trial after judgment or final order.
A fee of $100.00 per day for each day of a civil jury trial in excess of four (4) days, to be collected from the party requesting the jury trial following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS
Sealing & Redaction Procedures
When personal identifiers are required by statute or included in filed documents or exhibits, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access to the sealed copy limited to authorized persons.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. 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 or protection matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, “personal identifier” means a Social Security number or tax-payer identification number, date of birth, or financial account number.
Page 20 | RULE 901. PROTECTION OF PERSONAL IDENTIFIERS
Filing Bundling Requirements
The Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial.
The Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial (final evidentiary hearing).
Page 18 | RULE 705. CASE MANAGEMENT CONFERENCE.
Pre-Motion Conference Requirements
Before seeking a continuance, an attorney unable to attend must immediately try to agree on a new hearing date with the moving attorney; if unsuccessful, the requesting attorney or self-represented party must immediately file a written motion stating the reasons and serve opposing counsel.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.
Page 10 | RULE 204. MOTION PRACTICE — Continued Motions
Counsel in civil cases must make a good-faith effort to resolve discovery disputes, and a discovery motion may not be made unless counsel certifies the required efforts and their unsuccessful result.
Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
Page 12 | RULE 205. DISCOVERY
Adjournment & Extension Requirements
A continuance request must be made immediately in a written motion stating the reasons after an unsuccessful attempt to agree on a new date; if no hearing can be scheduled before the original date, the motion continues until an agreed date or the next regular motion hour, whichever comes first.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed hearing date is scheduled or until the next regularly scheduled motion hour, whichever occurs first.
Page 10 | RULE 204. MOTION PRACTICE — Continued Motions
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date.
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date.
Page 8 | RULE 202. STACKING OF CASES FOR TRIAL OR HEARING
Chambers Communication Rules
The moving attorney must ask the Circuit Clerk to forward the file to the Court for review and action.
In addition, the moving attorney will ask the Circuit Clerk to forward the file to the Court for review and action.
Page 11 | Motions for Default Judgment
Petitioner's counsel must telephone the Court’s administrative assistant to report that the parental-rights case has been filed.
(a) Counsel for Petitioner will contact the Court’s administrative assistant at (270) 388-5182 to inform the Court that a case in the interest of ______________, a child, has been filed in the __________Circuit Court.
Page 16 | RULE 302. INVOLUNTARY TERMINATION OF PARENTAL RIGHTS.
B. Petitioners seeking to initiate contempt proceedings should contact: 2. All law enforcement - after office hours
B. Petitioners seeking to initiate contempt proceedings should contact: 2. All law enforcement - after office hours
Page 4 | Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the circuit clerk Monday through Friday from 8 a.m. to 4 p.m.
B. Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m.
Page 4 | Contempt Proceedings
Attorneys should check with the clerk about rescheduling Rule Days.
Attorneys should always check with the clerk regarding rescheduling of Rule Days.
Page 9 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m.
1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m.
Page 28 | IV. Contempt Proceedings
To access case records, contact the Office of Circuit Court Clerk by phone or visit the office.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records