Madison Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- Email • Prior to Hearing Date
Communication
Document Format Requirements18 rules
The criminal docket shall be conducted in-person. No party or counsel shall appear by teleconference method without leave of court.
A tendered order may be submitted with the motion, but it must be on separate paper and cannot be included in, added to, or permanently affixed to the motion.
Court's wording
A tendered order may be submitted to the Clerk along with the subject motion . However, no tendered orders shall be contained in or added to the motion itself, nor shall it be permanently affixed to the motion . All tendered orders shall be submitted on additional paper separate from the motion
Pre-printed forms, other than those presribed by the Administrative Office of the Courts, shall not be permitted .
Pleadings, briefs and documents shall be double spaced in the body of same, but quotations, citations, descriptive and similar inserts may be single spaced if indented .
- Line spacing
- Double
- Pleading
- Brief
- Document
Pleadings, briefs, and motions must be typewritten on specified paper in black ink, use clean type no smaller than pica, and have the required margins; larger type is preferable, especially in briefs.
- Margins
- Bottom 1 inch; Left 1 inch; Right 1 inch
- Paper size
- Letter
- Pleading
- Brief
- Motion
- Document
Court's wording
All pleadings, briefs and motions shall be typewritten, on 16 pounds or heavier, white, opaque, unglazed paper, 8 1/2 by 11 inches, and must be written with black ink and with type which is clean and does not blur the letters . All pleadings, briefs and motions shall be written in type never smaller than pica, and larger type is preferable, especially in briefs . Every pleading, brief and document shall contain an upper margin that will accomodate the double-hole fastener in the Clerk's file, and the remaining sides and bottom shall contain at least a one-inch margin .
All exhibits prepared in the office of the counsel filing them shall be typewritten and on only one side of the paper .
All other exhibits filed with pleadings shall be clearly legible and, where proper, shall be properly authenticated .
Photocopies of exhibits may be used only if clearly legible and reproduced on one side of the paper .
In maintenance or divorce trials, testimony must be taken by deposition unless the parties choose the alternate trial method provided in LR25JC 21.02.
Court's wording
Pursuant to the mandate of Rule 43 .04 of the Kentucky Rules of Civil Procedure, in all trials concerning maintenance or divorce, the testimony shall be taken by deposition, unless the parties opt for the alternate method for trial of said actions provided below (LR25JC 21 .02) .
All hearings shall be conducted on the video record .
The information set forth in the disclosures and the order of presentation shall not vary from the facsimile
in a format approved by the Court, a facsimile of which is attached hereto
With the exception of docket entries made by the Court, all motions. pleadings and orders shall be typewritten on white 8 1/2 x 11 paper. in no less than 12 point font, double-spaced and in the English language.
- Font size
- At least 12 points
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Pleading
- Order
Formatting
- •Documents must be typewritten on white paper
- •Font must be no less than 12 point
- •Documents must be in the English language
- •Court docket entries are excepted
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
- •Petitions must be made on form AOC-275.1.
For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
Any statement of anticipated legal questions submitted to the Court must be typewritten.
Court's wording
At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .
NOTE : If the space provided in any category is insufficient, attach a separate sheet following the same format for each category .
Counsel may present an order or judgment through the attestation method if all parties’ counsel sign just below the body on the left, or the document endorses any party’s unrepresented status.
Court's wording
Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision, by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case
Document Filing Requirements92 rules
On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.
Counsel must remain of record until the time to appeal expires 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 copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
The Commonwealth and the Defendant must represent to the Court that a good faith effort has been made to resolve the matters complained of in the indictment.
Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.
An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.
A proposed order or judgment shall be tendered with any motion.
- Document
- Motion
Must include
- •Proposed order
Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).
An order of sale must include a Clerk’s Certificate indicating that a copy is to be served on the Master Commissioner.
Court's wording
The order of sale shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner and shall include a Clerk's Certificate indicating a copy of the order of sale is to be served on the Master Commissioner.
The order of sale shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner
Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown
All motions for which authorities are relied upon shall be accompanied by citations of such authorities
The Clerk must make the upcoming or ongoing Trial Docket available to every member of the local bar, showing each trial case’s number, style, assignment date, and attorneys.
Court's wording
The Clerk of each circuit court shall prepare and make available to every member of the particular local bar a copy of the upcoming or ongoing Trial Docket which shall reflect the case number, style and date of assignment of every case assigned for trial . Names of the attorneys for each litigant shall also be shown on the docket .
Unless good cause is shown or the Court directs otherwise, parties must submit written instructions reflecting their then-current understanding of the issues and law at or before the pre-trial conference.
Court's wording
Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following prior to the pre- trial conference : (a) Pleadings completed and issues defined ; (b) Discovery proceedings completed ; (c) At or before the pre-trial conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings ; (d) Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings whenever possible, and, if same can be done without prejudice to the presentation of the case by either party
A party seeking default judgment under the specified rules must file a written application.
Court's wording
A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .
The motion must be accompanied by a certificate of the attorney that no papers have been served upon him by the party in default, or by anyone in his behalf .
A party seeking Summary Judgment, Dismissal (in whole or in part) or any Interlocutory relief shall file a notice of submission with the Clerk, along with a copy of same 'to the judge so that matters may be efficiently addressed by the Court .
The brief for the party bearing the burden on an issue, or the brief the Court directs to be filed first, must include a subject-matter statement, supported facts, the issues presented, and argument with authorities.
- Document
- Brief
Must include
- •Statement of facts
Court's wording
The brief for the party bearing the burden on the issue or for the party whose brief must be filed first by direction of the Court shall contain : (a) a brief statement of the subject matter of this action ; (b) a fair and concise statement of the relevant facts with proper reference to the record when available supporting each statement ; (c) a clear statement of the issues of law and fact presented for determination ; and (d) the argument, with proper record references, when available, and the authorities relied upon in support of each issue .
Whenever any ruling is made, verdict returned, or judgment rendered, an order or Judgment in conformity therewith shall be prepared and tendered by counsel within ten (10) days from date of ruling . (The Court shall prepare or dictate all Findings of Fact and Conclusions of Law .)
The caption to all Orders shall state the exact nature of the Order, for example, "Order of Dismissal," "Order Fixing Temporary Maintenance," "Order Directing Answering of Interrogatories," etc .
- Document
- Order
- Placement
- Caption
The brief for the opposing parties shall present the controversy in the same manner as described above, except that it shall not restate the facts or the issues further than necessary to correct errors, inaccuracies or omissions in the adversary's presentation of the controversy .
The proposed order or Judgment, for purposes of this paragraph, shall include a Certificate of Service showing the fact of the tender and service, the date of the same, and that the proposed order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service .
- Document
- Proposed order
Must include
- •Certificate of service
When signed by the judge, order or Judgment shall be delivered to the Clerk for entry .
Any Order or Judgment which the Clerk must give notification shall contain a notation immediately below the date of the Order calling to the Clerk's attention the fact that the Order should be served pursuant to Rule 77 .04 of the Kentucky Rules of Civil Procedure
After trial, counsel must file a motion for leave before contacting a juror, and the motion must specify its purpose and the nature of the inquiry.
Court's wording
12 .15 Contact with Jurors : After conclusion of a trial, no attorney, nor his/her representative, shall contact a juror without first filing a motion requesting leave of court to make inquiry of jurors . The motion shall state with specificity the purpose of the motion and the nature of the inquiry .
The Commonwealth Attorney must prepare sufficient copies of each indictment or information and deliver them to the Clerk with the original.
Court's wording
At the time of the preparation of each indictment or information, the Commonwealth Attorney shall prepare sufficient copies and deliver the same to the Clerk, with the original, so that a copy shall be delivered to each defendant when he/she is served with the warrant or summons .
A represented party may not act on their own behalf until a substitution order is made after reasonable notice to counsel and any opposing party, although the Court may hear the party in open court.
Court's wording
Whenever a party has appeared by attorney, he may not thereafter appear or act in his own behalf in the action, or take any step therein, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney by such party, and to any opposite party ; provided that the Court may, in its discretion, hear a party in open court, notwithstanding the fact that he/she has appeared or is represented by an attorney .
Counsel who do not reside in Kentucky must designate in writing, when filing the first responsive pleading, a Kentucky Bar member in the state to receive notices and papers.
Court's wording
whenever a party to a case is , represented by counsel not residing within the Commonwealth of Kentucky, such counsel shall designate in writing, at the time the first responsive pleading is filed, some member of the Kentucky Bar Association residing within this state upon whom notices and papers may be served .
such Order or Judgment shall contain a certificate of the counsel preparing same, at the bottom of the last page thereof, to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Commissioner .
Attorneys seeking credit for qualifying donated representation must send Legal Services a Notice of Representation and the client's eligibility form.
Court's wording
Attorneys choosing to donate legal services to an eligible client who has not been referred to the panel by Legal Services, in order to receive credit for representing said clients pursuant to LR25JC XIX, shall complete and forward to Legal Services a Notice of Representation of client, along with Legal Services form reflecting the clients eligibility .
Upon submission of every domestic relations case in which the proof is taken by deposition, each party shall submit a concise brief outlining that party's contentions, with supporting authorities
containing a detailed financial disclosure form listing the parties' assets, defining as to marital or non- marital property, and proposing a fair and equitable division of such property
The initial Order or Judgment served upon the Commissioner shall contain in the caption or style, the names of all parties ; and shall include in the last page, the names and addresses of all counsel, the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties .
- Document
- Initial order or judgment
Must include
- •Caption
The Commissioner shall, when directed by order or Judgment to take any action, report the action taken by means of a report or memorandum, in order that the record shall be complete in all respects .
When the Commissioner is recused, counsel must submit a proposed Special Assignment order, and the order must be entered for the transfer to take effect.
- Document
- Special assignment order
Must include
- •Proposed order
Court's wording
Counsel for the parties shall submit to the circuit judge assigned to the matter a proposed order of Special Assignment, appointing the other Commissioner to hear the matter . The Order of Special Assignment must be entered in order to effectuate the transfer to the other Commissioner .
In order to elect this process, counsel must file a Motion to Assign, Waiver, Entry of Appearance and Agreement to Take Proof by Deposition in the record .
No discovery shall be had until the verified factual disclosure form has been filed .
To exercise the option to have the case heard orally, Petitioner shall file a motion to assign for hearing before the Commissioner .
No final trial date shall be assigned if the motion therefor is not accompanied by the verified factual disclosure form .
A motion to assign a final trial must be accompanied by the filing party's mandatory verified factual disclosure form.
Court's wording
A motion to assign proceedings for final trial shall be accompanied by a verified factual disclosure form for the party filing the motion . Said verified factual disclosure form is attached to these rules and is mandatory .
An appeal from the Commissioner's report must use the stated title and briefly state the express reasons for appeal.
Court's wording
Appeals from the Commissioner's report shall be styled "Objections to Report of Master Commissioner and Motion to Set Aside (or Modify, as the case may be) Report ." Such objection and motion shall briefly state express reasons for appeal
Prior to the submission of the matter to the Circuit Judge for his/her signature on a final judgment, there shall appear in the record a certificate from the Clerk that all court costs have been paid
The Commissioner's Findings of Fact, Conclusions of Law, and Recommendations shall be submitted to the Court, along with a proposed decree . Such proposed decree shall be drafted and submitted by counsel of the parties
If there is a deviation from the award arrived at by using the Guidelines, the pleadings shall state that the parties are aware of the Guidelines award and knowingly agree to depart from same
A worksheet shall be completed and filed in each case
An agreement filed of record must be signed by both parties, also signed by counsel for a represented party, and signed and acknowledged before an authorized person for an unrepresented party.
Court's wording
All agreements between parties filed of record must be signed by both parties . In the event that a party is represented by counsel, the agreement must also be signed by counsel . If a party is not represented by counsel, such agreements must be signed and acknowledged before a person authorized to take acknowledgements under KRS 382 .140 and KRS 348 .380
In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition
in all actions for dissolution of marriage in which an agreement regarding all issues has not been reached within fifteen (15) days of the filing date, the parties shall file sworn disclosures
If you assert a non-marital interest in any property listed at V or VI, attach Schedule "A", Property Valuation
Filing & Service rules
Electronic Filing Rules
Parties may file motions through the e-filing system, and motions filed in compliance with the e-filing protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 8 | 6.7 Courtesy Copies
Filing Timing and Cure Windows
Motions may not be filed on the morning of trial without leave of the Court.
No motions may be filed the morning of the trial without leave of the Court.
Page 5 | 5.5 Jury Trials
Unless the Court directs otherwise, cases must be placed on the Motion Docket by close of business on the preceding Friday, or the preceding Thursday if Friday is a holiday.
Unless otherwise directed by the Court, all cases must be placed on the Motion Docket by the close of business on the Friday preceding the regular Motion Docket (unless Friday is a holiday, in which event it shall be close of business on the Thursday preceding the docket).
Page 6 | 5.10 Filing Deadline
Cases must be placed on the Motion Docket by close of business on the preceding Monday, or Friday if that Monday is a holiday; exceptions require leave of Court, and the docket closes at the close of business on the preceding Monday unless the Court directs otherwise.
Unless otherwise directed by the Court, the following will govern the docketing of motions : The Clerk shall keep a motion docket for each division on which the Clerk will docket all motions assigned for hearing on each Motion Day . All cases must be placed on the Motion Docket by the close of business on the Monday preceding the regular Motion Day (unless that Monday is a holiday, in which event, it shall be the close of business on the preceding Friday) to stand for hearing on the following regular Motion Day . Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the docket for the next Motion Day at the close of business on the preceding Monday
Page 5 | 2.13 Motion Docket
Counsel may present the order or judgment after ten days have passed from tendering the original to the Clerk, with a copy served on counsel for all parties.
After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Clerk, with service of a copy of same upon counsel for all parties
Page 13 | LR25JC 10.02
Written objections must be filed within ten days after service to prevent the proposed order or judgment from being signed and entered under this procedure.
written objections have been filed within ten (10) days from the date of service .
Page 13 | LR25JC 10.02
After the proof and rebuttal periods, the case stands for submission on the next regular Motion Day of its assigned division.
The case shall then stand for submission at the next regular Motion Day of the division to which the case has been assigned .
Page 22 | 21.01 Regular Method of Trial for Domestic Relations Actions
Petitioner's proof cannot begin until the answer deadline expires and must be completed within 30 days thereafter; respondent's proof is due in the following 30 days, and rebuttal must be completed in the next 10 days.
The proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be complete within thirty (30) days thereafter ; the Respondent shall complete his/her proof within the following thirty (30) days ; parties shall then have ten (10) days in which to complete any rebuttal .
Page 22 | 21.01 Regular Method of Trial for Domestic Relations Actions
The opposing party's verified factual disclosure form must be filed within 10 days after service of the motion for a final trial date.
The verified factual disclosure form for the opposing party shall be filed within ten (10) days of the service of the motion for final trial date .
Page 24 | 21.07 Assignment for Hearing
An oral-testimony dissolution proceeding generally may not be assigned for trial until the stated 30-day waiting period has elapsed; when there are infant children, the assignment must wait 60 days from the earliest listed event.
No proceeding by oral testimony for dissolution of marriage, including joint petition, shall be assigned for trial until thirty (30) days have elapsed following the date the joint petition is filed, or the Respondent is actually summoned or is deemed to have been summoned by warning order . In no event shall any such case be assigned for trial before thirty (30) days have elapsed following entry of appearance or service of summons, or, if there are infant children, before sixty (60) days have elapsed from the date of service of summons, appearance or responsive pleading, whichever occurs first .
Page 24 | 21.07 Assignment for Hearing
In contested cases, verified factual disclosure forms must be filed at least 10 days before the hearing, or, if proof will be taken by deposition, at least 10 days before the first deposition.
In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition
Page 26 | 21.16 Factual Disclosure Requirement
The Petitioner must file the disclosures within 15 days after filing the petition.
The Petitioner shall first file said disclosures within fifteen (15) days of the filing of the petition
Page 27 | ORDER
The Respondent must file disclosures within 15 days after the Petitioner files.
the Respondent shall file disclosures within fifteen (15) days of the Petitioner's filing
Page 27 | ORDER
All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion unless said deadline falls on a business day of the Clerk. Any exceptions to these deadlines shall be by weckend or holiday, in which event filing shall occur on the preceding leave of the Court only.
All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion unless said deadline falls on a business day of the Clerk. Any exceptions to these deadlines shall be by weckend or holiday, in which event filing shall occur on the preceding leave of the Court only.
Civil cases
Page 3 | 2.02 Motion Requirements
The Pre-caring Memorandum containing the petitioner’s request must be filed before the Case Management Conference.
Petitioner shall make the request on the Pre-caring Memorandum filed prior to the Case Management Conference.
Civil cases
Page 7 | 7.07 Method of Final Hearing
Each party must file a Pre-hearing Memorandum at least seven days before the Case Management Conference.
D. At least seven (7) days prior to the Case Management Conference. cach party shall file a Pre-hearing Memorandum
Civil cases
Page 9 | RULE 7 DOMESTIC RELATIONS PRACTICE
The Cross Reference Data Sheet must be filed simultaneously with the initial pleading.
simultaneous with the filing of auy initial pleading, the Petitioner or Movant shall also file with the clerk a Cross Reference Data Sheet on a form approved by the Court.
Civil cases
Page 11 | 9.02 ASSIGNMENT OF CASES AND CONSOLIDATION AND JOINING TOGETHER OF RELATED ACTIONS
The joint statement must be submitted within ten days after mediation ends.
This statement shall be submitted within ten (10) days of the termination of mediation.
Civil cases
Page 11 | Reporting to the Court
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.
Civil cases
Page 15 | Uniform Protocol for Handling Cases
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 | 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 | Uniform Protocol for Handling Cases
A defendant may file a Motion to Enter a Guilty Plea before trial, and it will be heard on the presiding judge's next available criminal docket.
At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.
Page 5 | 5.6 Settlement of Cases
Emailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Parties and counsel may e-mail or fax motions to the Court prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 7 | 6.7 Courtesy Copies
A response to a supported motion may be filed no later than the time specified in the hearing notice; failure to respond may be grounds to deny leave to file a response after that time.
Any party, properly served with a motion accompanied by a statement or memorandum of law supporting said motion, may file a response containing either a statement or memorandum of law, with citation of supporting authorities, at or prior to the time specified in the notice of hearing of the motion . Failure to file a response to a motion accompanied by such a statement or memorandum may be grounds for denying a request for leave to file such a response after the time specified for a hearing of said motion
Page 5 | 2.15 Citation of Authorities with Motions
The Petitioner may respond within 10 days after the referenced filing.
the Petitioner may respond within ten (10) days of said filing
Page 27 | ORDER
The opposing party may file a verified response or supporting affidavits 48 hours before the hearing.
to which the opposing party may file a verified response or supporting affidavits 48 hours prior to the hearing.
Civil cases
Page 4 | 2.02 Motion Requirements
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.
Civil cases
Page 15 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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.
Civil cases
Page 15 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of 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 | Uniform Protocol for Handling Cases
Counsel may tender proposed jury instructions at any time before trial begins.
Counsel may tender proposed jury instructions any time prior to the commencement of the trial.
Page 5 | 5.5 Jury Trials
Service and Proof of Service Rules
A copy of a motion to withdraw must be served upon the client.
(with copy of said motion served upon the client)
Page 3 | 4.2 Withdrawal
Motions for default or summary judgment and the order of sale must be served on the Master Commissioner by fax, email, or U.S. Mail when filed.
Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).
Page 10 | 8.2 Motion for Judgment and Order of Sale
A copy of the default-judgment application must be delivered to the defendant at the last known address at least three days before the hearing.
A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .
Page 10 | RULE V. DEFAULT JUDGMENTS
A copy of the tendered order or judgment must be served on counsel for all parties.
with service of a copy of same upon counsel for all parties
Page 13 | LR25JC 10.02
Sufficient copies must be furnished to enable the Clerk to complete service.
sufficient copies shall be furnished to permit the Clerk to complete service .
Page 13 | LR25JC 10.04
A copy of the indictment or information must be delivered to each defendant when the defendant is served with the warrant or summons.
At the time of the preparation of each indictment or information, the Commonwealth Attorney shall prepare sufficient copies and deliver the same to the Clerk, with the original, so that a copy shall be delivered to each defendant when he/she is served with the warrant or summons .
Page 18 | 15.01 Copies of Indictments
A motion to withdraw as counsel must be served on the party under Rule 5 of the Kentucky Rules of Civil Procedure.
Such motion shall be served on the party as provided by Rule 5 of the Kentucky Rules of Civil Procedure .
Page 19 | RULE XVI . APPEARANCES AND SUBSTITUTION OF COUNSEL
The Clerk must serve the Master Commissioner with any order or judgment involving or requiring the Commissioner's action.
Any Order or Judgment involving or requiring action by the Master Commissioner ("Commissioner") shall be served upon said Commissioner, by the Clerk
Page 21 | 20.01 Service Upon Master Commissioner
For further pleadings after transfer, counsel must mail a copy directly to the other Commissioner and file the original with the Clerk of the Court.
For any further pleadings, counsel shall be responsible for mailing a copy of same directly to the other Commissioner and the original shall be filed with the Clerk of the Court .
Page 23 | 21.06 Master Commissioners Recusal
The Clerk must notify each party that the Commissioner's report was filed unless notice is waived in writing, including by endorsement on the papers.
Each party shall be notified of the filing of the Commissioner's report by the Clerk, pursuant to Rule 53 .06(1) of the Kentucky Rules of Civil Procedure, unless waived in writing (which waiver may be by endorsement on said papers)
Page 25 | 21.09 Proposed Decree
In contested cases, verified factual disclosure forms must be served on every other party at least 10 days before the hearing, or, if proof will be taken by deposition, at least 10 days before the first deposition.
In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition
Page 26 | 21.16 Factual Disclosure Requirement
All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion
All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion
Civil cases
Page 3 | 2.02 Motion Requirements
After a hearing date is assigned, the requesting party must serve notice of the hearing on all necessary parties in accordance with KRS 199.515.
Upon assignment of a hearing date, the requesting party shall serve notice of the hearing to all necessary parties in accordance with KRS 199.515.
Civil cases
Page 4 | 3.01 Adoption Hearings
After a final hearing date is assigned, the requesting party must serve notice of the hearing on all parties.
Upon assignment of a final hearing date, the requesting party shall be scheduled by telephoning the Family Court's legal assistant. serve notice of the hearing to all parties.
Civil cases
Page 8 | 7.08 Uncontested Final Hearings
The written motion seeking a video judicial order must be accompanied by notice to the parties and, if any, the child's Guardian Ad Litem.
An individual requesting a video judicial order must file a written motion, with notice to the parties. including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.
Civil cases
Page 12 | 9.04 REVIEW OF RECORDED COURT PROCEEDINGS
At the commencement of or during trial, the Court may receive a typewritten statement of anticipated legal questions and supporting authorities, and counsel must furnish a copy to opposing counsel.
At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .
Page 12 | 8.03 Statement of Legal Questions Anticipated
An objecting party may prevent entry through written objections filed and served, including a request for a hearing obtained under the rules.
written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party
Page 13 | LR25JC 10.02
A notice to take depositions must be served a reasonable time before the depositions are taken.
13 .01 Notice to Take : A notice to take depositions shall be served within a reasonable time prior to the date on which the depositions are to be taken .
Page 16 | 13.01 Notice to Take
Counsel may waive service of an order or judgment and notice of entry by written waiver.
Counsel may waive in writing service of any Order or Judgment, and notice of entry .
Page 13 | LR25JC 10.04
Filing Fees and Waivers
Fees for a cancelled sale must be paid as provided by the cited rules and statutes, or by court order in an individual case.
Any fees for a cancelled sale shall be paid as provided by the Administrative Procedures of the Court of Justice Part IV, the Rules of Civil Procedure, the Kentucky Revised Statutes, and these Rules, or by court order in individual cases.
Page 11 | 8.4 Cancellation of Sale
After the final domestic relations matter is heard or submitted for judgment on depositions, both parties must secure payment of all incurred court costs, including the judgment-recording cost, subject to the stated exception.
Directly after a final domestic relations matter is heard by the Commissioner, or submitted for final judgment on depositions as hereinafter provided, both parties shall secure payment of all court costs incurred, including the cost of recording the judgment, except as provided at LR25JC 21 .12
Page 25 | 21.11 Court Costs
The Commissioner's fee is $40 per hour, assessed by the quarter hour or part thereof, payable by money order or attorney-drawn check through the Circuit Clerk by the fifth working day after the final hearing, with a $600 cap unless the stated approvals are obtained.
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 . All monies so paid shall be either : (a) by money order or (b) by check drawn by the attorney . No more than $600 .00 shall be assessed in any case unless recommended by the Circuit Judge and approved by the Chief Justice of the Kentucky Supreme Court . Such fees shall be paid through the Office of the Circuit Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the final hearing
Page 25 | 21.12 Commissioners Fee
The fee for proof by deposition before the Commissioner is $10 per quarter hour.
The Commissioner's fee for proof by deposition shall be $10 .00 per quarter hour .
Page 23 | 21.03 Alternate Method of Trial for Uncontested Cases
Courtesy Copy Requirements
Parties may email or fax motions to the Court before the hearing for informational purposes, but those copies are not recognized until the original is received and entered by the Circuit Clerk.
Parties and counsel may e-mail or fax motions to the Court prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 7 | 6.7 Courtesy Copies
Pre-Motion Conference Requirements
Criminal motions must be set for hearing on the arraignment date or regular Motion Day at 1:30 p.m., unless the Court sets another time for just cause.
Motions by either the defendant or the Commonwealth in criminal cases shall be brought on for hearing on the date of arraignment, on the regular Motion Day at the hour of 1 :30 p .m ., or at any other time in the discretion of the Court for just cause .
Page 18 | 15.03 Pre-trial Motions
Adjournment & Extension Requirements
Cases must be heard at the scheduled time and date unless the Court continues them in its discretion or by order on good cause shown.
All cases set for trial, pre-trial conference, or hearing on motion, shall be heard at the time and date specified, unless, by discretion of the Court or order on good cause shown, same are continued .
Page 14 | RULE XI. CONTINUANCES
An extension of time may be permitted upon a showing of good cause.
Extensions of time may be permitted for good cause shown
Page 27 | ORDER
Counsel are urged to use agreed orders reasonably to obtain or grant extensions of time to plead or otherwise defend, rather than relying on motions to dismiss.
All counsel are urged to adopt a reasonable use of agreed orders for purposes of obtaining and granting extensions of time to plead or otherwise defend, instead of the prevalent practice of motions to dismiss
Page 5 | 2.16 Agreed Orders
Chambers Communication Rules
Unless otherwise specified, counsel must meet in chambers at 8:30 a.m. to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:30 a.m. to discuss preliminary matters, motions, and jury instructions.
Page 5 | 5.5 Jury Trials
If a case is settled, the parties must notify the Court and Circuit Clerk before 3:30 p.m. on the business day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 3:30 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 5 | 5.6 Settlement of Cases
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Page 9 | 6.14 Entry of Orders and Judgments
If a case scheduled for trial settles, the parties must notify the Court and Circuit Clerk before 3:30 p.m. on the preceding business day.
(0) Parties shall nouty the Court and the Circuit Clerk prior to 3.30 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 9 | 6.14 Settlement of Cases
To cancel a sale, the party must request cancellation from the Master Commissioner in writing, by facsimile, or by email; the sale is cancelled upon a written, facsimile, or email reply acknowledging the cancellation.
8.4 Cancellation of Sale: If a party who has obtained an order of sale wishes thereafter to cancel the sale, a written, facsimile or email request shall be made to the Master Commissioner and the sale shall be cancelled upon a written, facsimile or email reply from the Master Commissioner acknowledging the cancellation.
Page 11 | 8.4 Cancellation of Sale
Counsel must not discuss a case with the judge except at a hearing in the presence of opposing counsel or by motion for good cause shown.
Counsel shall not discuss a case with the judge, except in the hearing and presence of opposing counsel, or except by motion for good cause shown .
Page 12 | 8.03 Statement of Legal Questions Anticipated
To schedule an adoption hearing, the requesting party must telephone the Family Court Case Manager.
All adoption hearings shall be set for hearing by telephoning the Family Court's Case Manager.
Civil cases
Page 4 | 3.01 Adoption Hearings
When an involuntary termination petition is filed, the petitioner must contact the Family Court Case Manager to schedule a status conference.
Upon the filing ol an Involuntary Termination of Parental Rights. the. Petitioner, shall contact the Family Court Case Manager to schedule a Status Conference.
Civil cases
Page 4 | 3.02 Involuntary Termination of Parental Rights
The Circuit Clerk must immediately notify the Family Court Judge when a petition for voluntary termination of parental rights is filed.
The Circuit Clerk shall notify the Family Court Judge immediately upon the filing of a Petition for Voluntary Termination of Parental Rights.
Civil cases
Page 4 | 3.03 Voluntary Termination of Parental Rights
An uncontested final hearing on oral testimony is scheduled by telephoning the Family Court’s legal assistant.
scheduled by telephoning the Family Court's legal assistant.
Civil cases
Page 8 | 7.08 Uncontested Final Hearings
For after-hours matters from the 11th through the 20th of each month, the on-call judge is Judge Earl-Ray Neal, listed with a phone number and email; EPO/IPO reviews and ECO reviews follow the stated exceptions.
Effective December 1, 2015, the District Judges of the 25th Judicial District hereby adopt the following on-call schedule for all after-hours matters needing the attention of a judge, to include but not limited to the setting of bonds, signing of summons and warrants, issuance of orders regarding juvenile detention, issuance of search warrants, and all other after-hours matters, WITH THE EXCEPTION OF EPO/IPO reviews (See EPO and IPO AFTER-HOURS PROTOCOL) and ECO reviews (which are always to be reviewed by a Family Circuit Judge). 11th-20th day of each month Judge Earl-Ray Neal (859) 537-3114 erneal@kycourts.net
Page 7 | GENERAL AFTER-HOURS PROTOCOL
For after-hours matters from the 21st through the 31st of each month, the on-call judge is Judge Brandy Oliver Brown, listed with a phone number and email; EPO/IPO reviews and ECO reviews follow the stated exceptions.
Effective December 1, 2015, the District Judges of the 25th Judicial District hereby adopt the following on-call schedule for all after-hours matters needing the attention of a judge, to include but not limited to the setting of bonds, signing of summons and warrants, issuance of orders regarding juvenile detention, issuance of search warrants, and all other after-hours matters, WITH THE EXCEPTION OF EPO/IPO reviews (See EPO and IPO AFTER-HOURS PROTOCOL) and ECO reviews (which are always to be reviewed by a Family Circuit Judge). 21st-31s of each month Judge Brandy Oliver Brown (859) 625-4970 brandybrown@kycourts.net
Page 7 | GENERAL AFTER-HOURS PROTOCOL
For after-hours matters from the 1st through the 10th of each month, the on-call judge is Judge Charles W. Hardin, listed with a phone number and email; EPO/IPO reviews and ECO reviews follow the stated exceptions.
Effective December 1, 2015, the District Judges of the 25th Judicial District hereby adopt the following on-call schedule for all after-hours matters needing the attention of a judge, to include but not limited to the setting of bonds, signing of summons and warrants, issuance of orders regarding juvenile detention, issuance of search warrants, and all other after-hours matters, WITH THE EXCEPTION OF EPO/IPO reviews (See EPO and IPO AFTER-HOURS PROTOCOL) and ECO reviews (which are always to be reviewed by a Family Circuit Judge). 1st - 10th day of each month Judge Charles W. Hardin (859) 248-5915 charleshardin@kycourts.net
Page 7 | GENERAL AFTER-HOURS PROTOCOL
For the 13th through 18th days of each month, the EPO/IPO on-call judge is Judge Earl-Ray Neal, reachable at the listed phone number or email address.
13th - 18th of each month Judge Earl-Ray Neal (859) 537-3114 erneal@kycourts.net
Civil cases
Page 19 | EPO and IPO ON-CALL SCHEDULE
After-hours matters other than EPO/IPOs are routed solely to the 25th Judicial District District Judges under the General After-Hours Protocol.
After-hours matters OTHER THAN EPO/IPOS (for example, setting bonds, signing separate Order entitled "GENERAL AFTER-HOURS PROTOCOL," and attached hereto for reference and hours questions, etc.) will revert solely to the District Judges of the 25th Judicial District pursuant to a for convenience in distribution.
Civil cases
Page 19 | EPO and IPO AFTER-HOURS PROTOCOL
For the 19th through 24th days of each month, the EPO/IPO on-call judge is Judge Nora J. Shepherd, reachable at the listed phone number or email address.
19th-24th of each month Judge Nora J. Shepherd (859) 358-2016 06859-424-1841 norashepherd@kycourts.net
Civil cases
Page 19 | EPO and IPO ON-CALL SCHEDULE
For the 1st through 6th days of each month, the EPO/IPO on-call judge is Judge Charles W. Hardin, reachable at the listed phone number or email address.
1st - 6th day of each month Judge Charles W. Hardin (859) 248-5915 charleshardin@kycourts.net
Civil cases
Page 19 | EPO and IPO ON-CALL SCHEDULE
For the 7th through 12th days of each month, the EPO/IPO on-call judge is Judge Jeffrey M. Walson, reachable at the listed phone number or email address.
7th - 12th day of each month Judge Jeffrey M. Walson (859) 749-1343 jeffwalson@kycourts.net
Civil cases
Page 19 | EPO and IPO ON-CALL SCHEDULE
If the scheduled EPO/IPO judge cannot be reached, the General Jurisdiction Circuit Judges may be contacted.
If the judge from this on-call schedule cannot be reached, the General Jurisdiction Circuit Judges may be contacted.
Civil cases
Page 19 | EPO and IPO AFTER-HOURS PROTOCOL
For the 25th through 31st days of each month, the EPO/IPO on-call judge is Judge Brandy Oliver Brown, reachable at the listed phone number or email address.
25th-31s of each month Judge Brandy Oliver Brown (859) 625-4970 brandybrown@kycourts.net
Civil cases
Page 19 | EPO and IPO ON-CALL SCHEDULE
The EPO/IPO on-call schedule applies only to EPO and IPO reviews.
Effective December 1, 2015, the Judges of the 25th Judicial Circuit/District hereby adopt the following EMERGENCY PROTECTIVE ORDERS and INTERPERSONAL PROTECTIVE ORDERS (eff. 1/1/2016) ON-CALL SCHEDULE, which is applicable ONLY to EPO and IPO reviews.
Civil cases
Page 19 | EPO and IPO AFTER-HOURS PROTOCOL
The District Judges' on-call schedule covers after-hours matters requiring a judge, except EPO/IPO reviews and ECO reviews.
Effective December 1, 2015, the District Judges of the 25th Judicial District hereby adopt the following on-call schedule for all after-hours matters needing the attention of a judge, to include but not limited to the setting of bonds, signing of summons and warrants, issuance of orders regarding juvenile detention, issuance of search warrants, and all other after-hours matters, WITH THE EXCEPTION OF EPO/IPO reviews (See EPO and IPO AFTER-HOURS PROTOCOL) and ECO reviews (which are always to be reviewed by a Family Circuit Judge).
Civil cases
Page 20 | GENERAL AFTER-HOURS PROTOCOL
For the 1st through 10th days of each month, the general after-hours on-call judge is Judge Charles W. Hardin, reachable at the listed phone number or email address.
1s - 10th day of each month Judge Charles W. Hardin (859) 248-5915 charleshardin@kycourts.net
Civil cases
Page 20 | GENERAL AFTER-HOURS PROTOCOL
For the 11th through 20th days of each month, the general after-hours on-call judge is Judge Earl-Ray Neal, reachable at the listed phone number or email address.
11th-20th day of each month Judge Earl-Ray Neal (859) 537-3114 erneal@kycourts.net
Civil cases
Page 20 | GENERAL AFTER-HOURS PROTOCOL
ECO reviews must always be reviewed by a Family Circuit Judge.
ECO reviews (which are always to be reviewed by a Family Circuit Judge).
Civil cases
Page 20 | GENERAL AFTER-HOURS PROTOCOL
For the 21st through 31st days of each month, the general after-hours on-call judge is Judge Brandy Oliver Brown, reachable at the listed phone number or email address.
21s-31" of each month Judge Brandy Oliver Brown (859) 625-4970 brandybrown@kycourts.net
Civil cases
Page 20 | GENERAL AFTER-HOURS PROTOCOL
If the scheduled on-call judge cannot be reached, the General Jurisdiction Circuit Judges may be contacted.
If the judge from this on-call schedule cannot be reached, the General Jurisdiction Circuit Judges may be contacted.
Page 6 | EPO and IPO AFTER-HOURS PROTOCOL
For EPO and IPO reviews only, the on-call judge and contact information vary by date of the month.
Effective December 1, 2015, the Judges of the 25th Judicial Circuit/District hereby adopt the following EMERGENCY PROTECTIVE ORDERS and INTERPERSONAL PROTECTIVE ORDERS (eff. 1/1/2016) ON-CALL SCHEDULE, which is applicable ONLY to EPO and IPO reviews. EPO and IPO ON-CALL SCHEDULE, EFFECTIVE 12/01/15: 1s - 6" day of each month Judge Charles W. Hardin (859) 248-5915 charleshardin@kycourts.net 7th - 12th day of each month Judge Jeffrey M. Walson (859) 749-1343 jeffwalson@kycourts.net 13th - 18th of each month Judge Earl-Ray Neal (859) 537-3114 erneal@kycourts.net 19th-24th of each month Judge Nora J. Shepherd (859) 358-2016 0859-424-1841 norashepherd@kycourts.net 25th-31s of each month Judge Brandy Oliver Brown (859) 625-4970 brandybrown@kycourts.net
Page 6 | EPO and IPO AFTER-HOURS PROTOCOL
After-hours matters other than EPO/IPOs are handled solely by the District Judges under the separate General After-Hours Protocol.
After-hours matters OTHER THAN EPO/IPOS (for example, setting bonds, signing all summons and warrants, orders of juvenile detention, signing search warrants, miscellaneous after- hours questions, etc.) will revert solely to the District Judges of the 25th Judicial District pursuant to a separate Order entitled "GENERAL AFTER-HOURS PROTOCOL," and attached hereto for reference and for convenience in distribution.
Page 6 | EPO and IPO AFTER-HOURS PROTOCOL