Marion County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • At Least 6 Working Days Before Rule Day
Adjournments
- A motion for a continuance must state the original trial date.
- The response-filing time may be extended on oral or written motion for good cause, including the motion's length and complexity.
Request must include
Page & Word Limits1 rule
For motions going to the merits, supporting and opposing memoranda are limited to 25 pages each, and reply memoranda are limited to 5 pages.
- Supporting memorandum
- Up to 25 pages
- Opposition memorandum
- Up to 25 pages
- Reply memorandum
- Up to 5 pages
- Case merits motions
Court's wording
All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Any party properly served with a motion accompanied by a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. The reply memorandum shall be limited to 5 pages in length.
Document Format Requirements4 rules
If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court
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
- Petition
Formatting
- •Use form AOC-275.1.
Pleadings and legal papers must use the specified centered first-page heading, and every page must be numbered at the bottom center.
Court's wording
the beginning and center of the first page as follows: The heading of all pleadings and legal papers in all civil and criminal cases shall COMMONWEALTH OF KENTUCKY 11TH JUDICIAL CIRCUIT CIRCUIT COURT CASE NO. _ DIVISION I [or] !! B. All pages shall be numbered at the bottom center of each page.
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.
- Petition
Formatting
- •Petitions must be made on form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
Document Filing Requirements76 rules
"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.
After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.
Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.
For an eligible defendant, staff must explain the Agreement of Participation and request that the defendant sign it on the prescribed form; the attorney may be present or absent.
Court's wording
If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.
If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.
The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.
If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.
Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.
If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.
Court's wording
If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.
The Notice of Termination shall be filed in the official record by the circuit clerk.
A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.
The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.
Court's wording
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk
Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.
Mental Health Court staff must file copies of the listed documents with the appropriate clerk for entry in the underlying criminal case record.
Court's wording
Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
The Commonwealth shall make a written recommendation to the Court in response to each application.
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement
The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.
Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.
If the judge agrees with the termination recommendation, staff must file a written Affidavit of Violations on the court-prescribed form.
Court's wording
If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the official record by the circuit clerk.
A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
If the judge agrees to the accommodation, the judge must complete the prescribed Notice of Termination by administrative discharge form.
Court's wording
If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.
If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.
Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.
Mental Health Court staff must file a copy of each listed document with the appropriate clerk for the underlying criminal offense record.
Court's wording
Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.
After a ruling, counsel must tender an order accurately stating the ruling, with a distribution list of everyone entitled to notice of entry and their service address.
Court's wording
Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.
The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.
All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.
- Document
- Motion or correspondence
Must include
- •Case number
and first annual review of the case pursuant to FCRPP 36. Every order terminating parental rights shall include a scheduling order for the 90 day
C. A copy of the proposed findings of fact and conclusions of law and a separate Judgment of Adoption shall accompany the motion.
Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify the specified information about bringing necessary parties before the court and parental consent or an applicable termination-order exception.
Court's wording
A. counsel shall review the Checklist attached as Exhibit A to these rules and certify Prior to filing a motion for a final hearing for entry of a decree of adoption, the following: the court, and The date and method by which all necessary parties were brought before 2. terminating parental rights, or an affidavit establishing an exception The date of the voluntary consent of each parent, the certified order under KRS 199.500(1) (a)-(d) or 199.502.
B. The motion shall state whether a guardian ad litem was appointed, the date the guardian ad fitem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.
The circuit court clerk shall not release any video in-chamber interviews with children without a specific written order of a Circuit Judge in compliance with FORPP 27.
An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
- Document
- Pleading motion or other paper
Must include
- •Case number
Except for good cause shown, before a case is heard at the pre-trial conference, heard at the pre-trial conference. the parties shall: Have scheduled or completed discovery; Ensure that the pleadings are completed and the issues identified; issues and the law;
counsel and tender a proposed scheduling order to complete discovery,
All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.
If no pretrial order is entered at the conference, the attorneys must prepare and submit one incorporating the court's rulings, party agreements or stipulations, and any matter designated by the court.
Court's wording
If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.
Pretrial statements must include the listed trial exhibits and witness and expert information, plaintiff and defense claims and theories, and the issues of fact and law; exhibits that cannot be attached must be available for opposing counsel's inspection.
Court's wording
All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated; and Issues of law to be litigated.
Provisions: Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:
All motions for default judgment must include a certificate of the amount due and a military affidavit. Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.
counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.
The mediator must report whether mediation occurred and its completion and agreement status, and may identify settlement-facilitating matters with the parties’ consent.
Court's wording
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
A mediation agreement must be written and signed by the parties; the parties are responsible for drafting it, though the mediator may assist with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to agreement, although the mediator may assist in the drafting of the agreement with the writing and signed by the parties. The parties shall be responsible for the drafting of the consent of the parties.
Has the GAL filed their report as required? KRS 199.516
The adoption petition must contain the listed information about the petitioner and child, their relationship, the child's proposed name, and the child's known property.
Court's wording
Does the petition contain the necessary information? KRS Name, date/place of birth, residence, mailing address 199.490 Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner.
If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)
Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.
Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)
The petition must provide the listed parent, guardian or custodian, and consent-party information, allege when any of that information is unknown, and may omit the name of a father born out of wedlock if certified TPR orders are filed.
Court's wording
• Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.
Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?
Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established.
The reviewing judge must indicate in the petition’s “Court Action” section whether the action is a domestic violence or interpersonal protective order action.
Court's wording
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.
Filing & Service rules
Filing Timing and Cure Windows
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 45 days before trial.
After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. Procedure
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
Motions must be filed and clocked in the circuit clerk's office by 4:30 p.m. at least six working days before the Rule Day on which they are to be heard.
All motions shall be filed and clocked in the circuit clerk's office no later than 4:30 to be heard p.m. at least six (6) working days prior to the Rule Day for which such motion is
Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
A response to a motion must be filed at least 24 hours before the hearing time specified in the notice.
Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.
Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
Civil jury trial dates are assigned at a pretrial conference only after discovery is substantially complete and the parties have filed a pretrial memorandum.
CIVIL JURY CASES have substantially completed discovery and filed a pretrial memorandum in Civil jury trial dates shall be assigned at a pretrial conference after the parties accordance with Rule 702 herein.
Page 11 | RULE 7. GENERAL CIVIL
Motions in limine must be filed before the pretrial conference and will be heard at that conference.
E. All motions in limine are to be filed prior to the pre-trial conference and will be heard at the pre-trial conference.
Page 11 | RULE 7. GENERAL CIVIL
Pretrial compliance statements must be filed before the pretrial conference.
Provisions: Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:
Page 12 | 702. PRE-TRIAL STATEMENT REQUIREMENTS
The attorneys must submit the required pretrial order no later than ten days after the pretrial conference.
If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.
Page 12 | RULE 7. GENERAL CIVIL
The court must review a protective-order petition immediately after it is filed.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 23 | 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 23 | 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
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 23 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 11. Involuntary Termination from Mental Health Court
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 12. Voluntary Termination
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 11 | Section 13. Administrative Discharge
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Page 10 | Section 12. Voluntary Termination
The circuit clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
Page 10 | Section 11. Involuntary Termination from Mental Health Court
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Page 11 | Section 13. Administrative Discharge
The checklist requires confirming that all parties have been properly served.
-Yes _No Have all parties been properly served? KRS 199.480(2)
Page 18 | ADOPTION CHECKLIST
Filing Fees and Waivers
Judges and Mental Health Court staff may not collect money for Mental Health Court through the listed means, except as otherwise provided in this section.
No judge or Mental Health Court staff shall collect monies for use in Mental Health Court through forfeiture, plea agreements, sanctions, fees, fines, or other costs, other than those referred to herein.
Criminal cases
Page 13 | Section 19. Collection of Fees
Reimbursement fees must be paid by certified check, cashier's check, or money order, and staff may not accept cash from a participant.
Reimbursement fees shall be in the form of certified checks, cashier's checks, or money orders. At no time shall Mental Health Court staff accept cash from a participant.
Criminal cases
Page 13 | Section 19. Collection of Fees
The Mental Health Court may impose reimbursement fees for the specified services, with payment standards and policies established by the Court.
A reimbursement fee may be imposed by Mental Health Court for treatment services, the cost of a laboratory confirmation of compliance with medication protocols, a positive drug test, or other required services. The standards and policies relating to the payment of a reimbursement fee shall be established by the Court.
Criminal cases
Page 13 | Section 19. Collection of Fees
Courtesy Copy Requirements
A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day on which it will be heard.
A courtesy copy of the motion shall also be served on the Judge in whose division the case has been assigned at least six (6) working days prior to the Rule Day in which the motion is to be heard.
Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
Sealing & Redaction Procedures
Mental Health Court proceedings must remain confidential and closed unless the judge authorizes otherwise.
Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.
Criminal cases
Page 12 | Section 17. Confidentiality
Documents in a participant's Mental Health Court case file must remain confidential and may not be released except for documents specified in Section 18.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Criminal cases
Page 12 | Section 17. Confidentiality
Mental Health Court proceedings must be confidential and closed unless the judge authorizes otherwise.
Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.
Page 12 | Section 17. Confidentiality
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Page 12 | Section 17. Confidentiality
File a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to authorized persons.
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 matters attendant to the case, or a person authorized to view the copy by specific orders of the court.
Page 11
A notice may be filed to show that a verified disclosure form was delivered without attaching the form itself, to protect the parties' privacy.
B. Notice of Filing of Verified Disclosure Forms may be filed to establish in the record that the disclosure form has been delivered to the other party without attaching the actual disclosure form to protect the privacy of the parties.
Page 11
Pre-Motion Conference Requirements
Before filing a discovery-compel, protective-order, or sanctions motion under CR 26 or 37, counsel must make a good-faith effort to resolve the dispute and be unable to do so.
A motion to compel discovery, for a protective order, or for sanctions may be filed themselves the discovery dispute. Counsel has the duty to make a good faith pursuant to CR 26 and/or 37 only if counsel are unable to resolve between effort to resolve any disputes which arise in the course of discovery.
Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
Adjournment & Extension Requirements
A motion for a continuance must state the original trial date.
All Motions for a Continuance shall state the date of the original trial date.
Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
The response-filing time may be extended on oral or written motion for good cause, including the motion's length and complexity.
Failure to file a timely response may be grounds to grant the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.
Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS
Chambers Communication Rules
After regular business hours, the authorized agency or officer must present the petition to the available judges in the stated order, with presentation to a Trial Commissioner or a judge in a surrounding county permitted if the preceding options are unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the following: To the District Judge who is found within the County. If no District Judge is found within the County, said verified petition shall be presented to the Circuit Judge who is found within the County. If no Judge is found within the County, the petition shall be presented to any District Judge or Circuit Judge found within the 11th Judicial Circuit. In the event, that none of the above Judges can be found, the petition may be presented to a Trial Commissioner within the 11th Judicial Circuit or District. In the event no Judge or Trial Commissioner can be found within the 11" Judicial Circuit or District, said petition may be presented to any District Judge, Circuit Judge or District Trial Commissioner in any surrounding county in accordance with the Regional Program Administration Charter, who may sign and issue an EPO or a TIPO if deemed appropriate.
Page 3 | II. Twenty-four Hour Accessibility
During regular business hours, the authorized agency or officer must present the petition to the available judges in the stated order, with presentation to a Trial Commissioner or a judge in a surrounding county permitted if the preceding options are unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: To the District Judge who is found within the County. If no District Judge is found within the County, said verified petition shall be presented to the Circuit Judge who is found within the County. If no Judge is found within the County, the petition shall be presented to any District Judge or Circuit Judge found within the 11th Judicial Circuit. In the event, that none of the above Judges can be found, the petition may be presented to a Trial Commissioner within the 11h Judicial Circuit or District. In the event no Judge or Trial Commissioner can be found within the 11" Judicial Circuit or District, said petition may be presented to any District Judge, Circuit Judge or District Trial Commissioner in any surrounding county in accordance with the Regional Program Administration Charter, who may sign and issue an EPO or a TIPO if deemed appropriate.
Page 3 | II. Twenty-four Hour Accessibility
Counsel planning to use electronic media at trial must test it in advance at the appropriate venue and schedule the test with the Circuit Court Clerk; a deputy clerk must attend.
Attorneys planning to use electronic media at trial shall test the equipment in advance at the appropriate venue to ensure compatibility with the existing equipment. Counsel shall schedule an appropriate date and time to test the use of electronic media with the Circuit Court Clerk. A deputy court clerk shall be present during the test.
Page 10 | 602. USE OF TECHNOLOGY AT TRIAL
Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.
Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.
Page 25 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.
Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.
Page 4 | IV. Contempt Proceedings