Marshall County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion for Continuance
- 1 copy • Immediately
Adjournments
- The Court may continue an untimely subsequent motion if an opposing party objects or for other good cause.
- A party unable to attend must immediately notify the moving party and try to agree on a new date with the Family Court Judge's assistant; if no date is agreed or found, the party must immediately file a written continuance motion stating reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also subject to FCRPP 23; the Court retains discretion over continuances and may allocate costs for good cause.
- The Court may waive or modify the motion and response filing and service deadlines upon a showing of good cause or in the interests of justice.
- +5 more
Request must include
Communication
Phone
Chambers
Document Filing Requirements78 rules
Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.
2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition
B. Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and the date of disposition.
2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition.
All motions shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
Each motion and notice shall contain a certificate of service setting forth each party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
The notice shall specify that the motion may be routinely granted without hearing by the
Movant shall state that the motion is made under CR 78(2) and this local rule.
Motions to compel discovery shall contain a certificate, by counsel, that she or he has conterred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing.
Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.
Any Agreed Order prepared by an attorney or pro se party shall be submitted to the opposing attorney or prose party for signature as Have Seen.
If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion hour day.
All orders shall be prepared as separate instruments.
All actions for adoptions and terminations of parental rights shall be in strict compliance with the statutory requirements (See KRS Chapters 199 and 625.), and a Guardian Ad Litem shall be appointed for the child(ren) unless falling under the exception enumerated by KRS 199.480(3).
Any party filing a petition or motion to reopen a family court case shall also file a completed AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.
Applications regarding inspection of Adoption Records Requests are to be filed with the Circuit Clerk's Office, and once filed, the Circuit Clerk shall transmit the request along with the applicable file to the Family Court Judge.
shall sign their name and office position to the petition as witness and verification of said oath.
A completed, sworn Domestic Violence Petition must be presented immediately to the Family Court Judge, with the stated alternate judges used if the designated judge or authorized individuals are unavailable.
Court's wording
D. The completed and sworn to Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 42 Judicial Circuit. If not available, the petition may be presented to the District Judge of Calloway or Marshall County. If no authorized individual can be found in the 42nd Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, or District Judge in any surrounding county.
An attorney seeking permission to review and copy a paternity case file must first file a Notice of Entry of Appearance..
All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.
Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
The motion shall be accompanied by a proposed decree adopting any settlement agreement or order of the Court, if applicable.
If minor children are involved, the motion shall also be accompanied by either a uniform child(ren) support order and child support worksheet or, if the parties wish to abide by an existing child(ren) support order, a reference to that previous order and date of that order.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
Each filed pleading, motion, or other paper must identify the case and provide the signer’s typed or printed name, address, telephone number, and email address unless that information is protected by statute or court rule.
- Document
- Pleading motion other paper
Must include
- •Case number
Court's wording
Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed party name, address, telephone number and email address of each attorney or party signing the document unless the information is otherwise protected by statute or court rule (e.g., domestic violence order cases and interpersonal protective order cases).
An individual requesting a judicial order must provide the Family Court Judge with a written explanation for the request that specifically indicates the portion of the video record being requested is an in-chamber interview with a child(ren) and states the specific purpose for the request.
The Family Court Case Data Sheet must be fully completed in all cases.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child(ren)'s Guardian Ad Litem, if any, and set forth the purpose for the request.
Protective-order petitions under KRS Chapters 403 and 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.
A Family Court Case Data Information Sheet must be completed with every petition and with any motion filed to reopen a case.
Court's wording
All cases filed or reopened in the Family Court division of the Circuit Court shall, with the filing of any petition or motion (in the case of a reopening), complete an AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.
A paternity petition must include either the mother's husband as a party in the stated circumstances or the petitioner's affidavit addressing the mother's marital status.
Court's wording
All petitions for paternity must include one of the following: The mother's husband as a party to the action if the child was born during lawful wedlock or within ten (10) months thereafter; or The affidavit of the Petitioner addressing the issue as to the mother's marital status when the child was born and within ten (10) months prior to the birth of the child.
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
All agreements and agreed orders shall contain the correct mailing addresses for the attorneys or parties if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.
If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
A rubber stamp shall not be deemed a signature either under this rule or CR 11.
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
The Family Court Case Data Sheet must be fully completed in all cases.
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, fax number and e-mail address of the attorney or party signing the paper.
An individual requesting a judicial order must provide the Family Court 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 of the request.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.
3. Make recommendations to the Court in writing of conditions for pre- trial diversion .
The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .
C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires.
A proposed order shall accompany the motion.
- Document
- Cr 78 2 motion
Must include
- •Proposed order
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.
For default-judgment motions in collection and other default-judgment actions, the moving party must provide a sworn affidavit identifying the moving party and any changes in its legal status so the original claimant can be identified.
Court's wording
Motions for default judgment in collection cases and in other default judgment actions may be noticed at the convenience of the Court provided that the moving party provide the following information by swor affidavit to the Court: A. The identity of the moving party, as well as any changes in the legal status of the moving party, to the extent that the Court and any non-moving party can identify the original party who has made the claim.
A referral order for a judicial sale must be entered before the Order of Sale is distributed, and the specified administrative fee must be paid to the Circuit Court Clerk.
Court's wording
An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.
B. The amount of damages claimed, with the amounts being broken down into principal amount, accrued interest and /or finance charges where applicable, and any requests for attorney's fees.
Requests for attorney's fees must be accompanied by an affidavit of counsel setting out the basis for the request for attorney's fees.
An Order of Sale must include the specified caption, property, judgment, party, and clerk-certificate information; additional manufactured-home details and title-transfer documents are required when applicable.
- Document
- Order of sale
Must include
- •Caption
Court's wording
Orders for 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 and the PVA map number of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. (d) The dollar amount of the judgment as of a day certain, together with he 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 and last known addresses of all parties who are in default. (f) A Clerk's Certificate with the name and address of each party not in default, or if represented by counsel, the name and address of the counsel and party represented. (g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).
(d) The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.
All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.
Each tax lien statement must itemize the amount due and identify the listed tax, purchase, interest, fee, and cost information.
Court's wording
Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs:
The motion to confirm sale must be accompanied by a proposed order confirming sale.
Court's wording
Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.
Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due each under the judgment or order.
A. Motions for compensation shall be accompanied by a report indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.
The Commonwealth shall, certify in writing the Discoverable items in its file.
The original order or judgment must include a prepared certificate of service for the Clerk’s signature, listing the specified parties or counsel and their addresses.
- Document
- Order or judgment
Must include
- •Certificate of service
Court's wording
The original of an Örder or Judgment shall have thereon a prepared Certificate of Service for the Clerk's signature and said certificate shall state the names and addresses of all parties to the proceedings, who are not in default for failure to appear, or if the parties are represented by counsel, the name of their respective counsel and their addresses:
The Order of Judgment, when signed by the Judge, shall be delivered to the Clerk for entry.
The parties upon direction of the Judge shall submit those instructions to be offered at trial
An answer or objection to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the response.
Court's wording
When answering interrogatories or requests for admission, or in filing objections thereto, the replying party shall, as a part of his answer or objection and immediately preceding the same, set forth the question or the request made with respect to which such answer or objection is given.
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.
The judge reviewing a petition for an order of protection shall indicate in the "Court Actioni 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.
shall re-issue a summons until the matter may be heard by the receiving judge.
Make recommendations to the Court in writing of conditions for pre- trial diversion .
A pretrial diversion order must include the applicable restitution, supervision, duration, testing, conduct, and other stated provisions.
Court's wording
The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .
Motions may be made under CR 78(2), which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition.
A person seeking an Emergency Protective Order should file a Domestic Violence Petition at the county Circuit Clerk's Office during its stated weekday hours; outside those hours, the person should contact a sworn law enforcement officer or the county attorney to obtain a petition.
Court's wording
During the hours of 8:00 a.m. - 4:30 p.m. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition. At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn law enforcement officer (local city police, local sheriffs office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
Filing & Service rules
Filing Timing and Cure Windows
Any response to a motion must be filed at least two days before motion hour.
Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
An after-deadline motion in a case not already on the docket will be rejected and returned so the parties can re-notice it for a compliant date.
Any motions filed after the filing deadline where the case is not already on the docket will be rejected by the Clerk and returned to the filer by the appropriate Circuit Court Clerk's office so the parties can re-notice it to be heard at a date that satisfies the previous paragraph.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
File motions for a Wednesday motion hour by close of business on the preceding Wednesday unless the Family Court Judge approves otherwise.
Motions to be heard on the Wednesday motion hour docket shall be filed in the appropriate Circuit Court Clerk's office by the close of business on the Wednesday of the week prior to the intended motion hour docketunless otherwise approved by the Family Court Judge
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
If the court closes for an unforeseen reason, the party who filed the motion must re-notice it for a regularly scheduled motion hour.
If the court is closed for any unforeseen reason, e.g., inclement weather, the motion must be re-noticed by the party filing the motion to be heard on a regular scheduled motion hour.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
Motions in Domestic Violence/Interpersonal Protective Order actions must be set on the county’s designated Domestic Violence docket, filed seven days before that docket, and not filed on the Wednesday motion-hour docket.
Any motions filed in a Domestic Violence/Interpersonal Protective Order action must be set on the Domestic Violence docket (Tuesdays for Marshall County and Thursdays for Calloway County). The motion must be filed seven (7) days prior to the next scheduled Domestic Violence docket (Tuesdays for Marshal County and Thursdays for Calloway County) and are not to be filed on the Wednesday motion hour docket.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
Motions in Dependency, Neglect and Abuse actions must be set on the county’s designated DNA docket, filed seven days before that docket, and not filed on the Wednesday motion-hour docket.
Any motions filed in a Dependency, Neglect and Abuse action must be set on the Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County). The motion must be filed seven (7) days prior to the next scheduled Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County) and are not to be filed on the Wednesday motion hour docket.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
A motion may be routinely granted without a hearing ten calendar days after filing unless a response or objection is filed.
This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed.
Civil cases
Page 11
Cabinet for Health and Family Services employees and attorneys filing a Dependency, Neglect or Abuse Petition must file it during the stated weekday working hours, excluding holidays, and no later than 30 minutes before the Clerk’s office closes.
During normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday, excluding holidays, Cabinet for Health and Family Services employees and/or attorneys filing a Petition for Dependency, Neglect or Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing of the Clerk's office..
Civil cases
Page 14 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
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. KRS 403.730, KRS 456.040.
Civil cases
Page 20 | 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.
Civil cases
Page 20 | Uniform Protocol for Handling Cases
The initiating agency must deliver the original petition and a copy of any order issued during non-office hours to the appropriate clerk’s office at the beginning of the next regular office day.
The original petition and a copy of the Emergency Protective Orders/Temporary Interpersonal Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.
Civil cases
Page 22 | Twenty-four Hour Accessibility
Motions for the Wednesday docket must be filed at least five working days beforehand unless the Family Court Judge allows otherwise.
All motions to be heard on the Wednesday motion docket shall be filed at least five (5) working days prior to the Wednesday motion docket, unless otherwise allowed by the Family Court Judge.
Page 5 | 202 Motion Hour
Petitions received after normal business hours must be filed with the Clerk by noon on the next business day.
All Petitions for Dependency, Neglect and Abuse received after normal business hours shall be filed with the Clerk of the court by noon on the next business day in compliance with FCRPP 20.
Page 7 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
Petitions for Dependency, Neglect and Abuse must be filed with the Clerk at least 30 minutes before closing during normal working hours, excluding holidays.
During normal working hours (8:00 a.m. - 4:30 p.m.), Monday through Friday, excluding holidays, persons filing a Petition for Dependency, Neglect and Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing hours.
Page 7 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
The joint statement must be submitted within 10 days after mediation terminates.
This statement shall be submitted within ten (10) days of the termination of mediation.
Page 8 | 702 Mediation
An eligible person may petition for pretrial diversion at least seven days before sentencing.
A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
Motions must be filed with the Clerk at least eight days before the hearing, except motions permitted ex parte; the Court may waive or modify this deadline for good cause or in the interests of justice.
C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. Photocopies of cases relied upon may be attached as appendices to the Court's copy. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice. The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE, C.
A CR 78(2) motion may be granted routinely ten days after filing unless a response is filed.
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
The Master Commissioner must file the Report of Sale within three business days after the sale.
The Master Commissioner shall file a Report of Sale no later than three business days after date of sale.
Page 11 | V. MASTER COMMISSIONER PRACTICE, (D) Report of Sale
Prior-year taxes or assessments may be paid from the sale proceeds only if the purchaser claims them in writing and files the claim of record before confirmation.
All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.
Page 11 | V. MASTER COMMISSIONER PRACTICE
If no objections are filed, the Master Commissioner must file a motion to confirm sale ten days after the Report of Sale is filed and tender a proposed confirmation order.
Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.
Page 12 | V. MASTER COMMISSIONER PRACTICE, (F) Confirmation of Sale
Third-party tax lien claimants must file their itemized statements within five days after the Report of Sale is filed or waive their claims for payment and liens on the property.
Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs: If a third-party tax lien claimant fails to timely file a Statement of Amount Due, the claimant shall be deemed to have waived any claim for payment and lien on the property.
Page 12 | V. MASTER COMMISSIONER PRACTICE, (E) Tax Liens
Additional evidence may not be placed in the Commonwealth file within 30 days of trial; if it is, the trial must be continued unless the defendant agrees to keep the scheduled date.
No additional evidence shall be placed in the Commonwealth file within thirty (30) days of the trial date. If additional evidence is to be placed with the file, the Court shall continue the trial date, unless the Defendant agrees to a trial on the date scheduled.
Page 16
An affected party must file a motion to reconsider a dismissal order within 30 days after its entry.
(B) In the event an Order of Dismissal is so entered, the Court shall reconsider its order, providing any affected party shall, within thirty (30) days from the entry of said Order of Dismissal, file a motion to reconsider said Order with the Clerk.
Page 19
A facsimile pleading or order is not considered filed of record unless the original is tendered within five working days of transmission.
No facsimile pleading or order shall be considered filed of record without an original being tendered within five working days of the facsimile transmission.
Page 20 | XX. FAXES
Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.
Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.
Page 20 | XVIII. INTERROGATORIES AND ADMISSIONS
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
The initiating agency must deliver copies of petitions and Emergency Protective Orders issued outside office hours to the appropriate clerk's office at the beginning of the next regular office day.
A copy of all petitions and Emergency Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.
Page 4 | Twenty-four Hour Accessibility
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
An eligible person may petition for a pretrial diversion order, but must do so at least seven days before sentencing.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
When an unserved domestic violence case is transferred before entry of a protective order, the emergency protective order continues and the initiating court must reissue the summons for up to 14 days or as the court determines necessary to protect the petitioner.
In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740 (4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner.
Page 1 | Uniform Protocol for Handling Cases
Petitions must be reviewed within an hour after presentation to a judge unless a judge is unavailable.
Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.
Page 2 | Twenty-four Hour Accessibility
If a timely motion has placed a case on the motion-hour docket, subsequent motions filed after the deadline must be accepted and may be heard with the timely motion.
If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
A motion may not be noticed for hearing on a state holiday.
No motion shall be noticed to be heard on a state holiday.
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
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.
Civil cases
Page 20 | Uniform Protocol for Handling Cases
The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.
The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE, C.
All other persons may file a Dependency, Neglect or Abuse Petition during normal working hours, 8:00 a.m. to 4:30 p.m., Monday through Friday.
All other persons may file their Petition for Dependency, Neglect or Abuse during normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday.
Civil cases
Page 14 | 603 Protocol for Filing Dependency, Neglect and Abuse Petitions
Service and Proof of Service Rules
Any response to a motion must be served at least two days before motion hour.
Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
In a Family Court case, a motion filed six months or more after the decree or final or last order must be personally served under the Kentucky Rules of Civil Procedure; service on a prior attorney of record does not suffice.
Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in Family Court cases wherein a motion is filed six months or more from the entry of the decree or final order/last order entered in the case. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
Serve photocopies of motions and notices on opposing parties or counsel on the filing date by mail, hand delivery, fax, or another court-approved method.
Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or notice is filed.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
When no new date can be agreed or found, the party seeking a continuance must serve a copy of the written motion on the opposing party and send a copy directly to the Family Court.
If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court.
Civil cases
Page 11 | 205 Continuance of Motions
In dependency, neglect, and abuse cases, the Guardian ad Litem must notify the juvenile’s current foster family or custodian, other than the Cabinet for Families and Children, of all Family Court hearings.
In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of all hearings coming before Family Court.
Civil cases
Page 14 | 601 Notice of Hearing
An attorney seeking to withdraw must serve a copy of the request notice on all parties.
Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.
Civil cases
Page 15 | Duty of Guardian Ad Litem, Parent Attorney, and CASA Volunteer to Continue
In domestic relations cases reopened more than six months after the final decree to modify it, personal service must comply with the Kentucky Rules of Civil Procedure; serving a prior attorney of record is not sufficient.
Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in domestic relations cases reopened after six (6) months from the entry of the final decree for the purpose of moditying a decree. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.
Page 5 | 204 Reopening Cases
The motion requesting a judicial order must be accompanied by notice to all parties and the child’s Guardian Ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
Page 8 | 903 Requests for Confidential Video Records
An eligible person's petition for pretrial diversion must be made with notice to the Commonwealth's Attorney.
A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
The Commonwealth's Attorney's petition for pretrial diversion must be made with notice to the Commonwealth's Attorney.
B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | II. Procedure
The Court may revoke or void pretrial diversion only after a hearing and notice by the Commonwealth's Attorney, upon the specified showing of noncompliance or unsatisfactory progress.
After a hearing, on notice by the Commonwealth's Attorney, the Court may revoke or void a person's pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .
Criminal cases
Page 3 | IV. Revocation
Motions must be served at least eight days before the hearing, except motions permitted ex parte; the Court may waive or modify this deadline for good cause or in the interests of justice.
C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. Photocopies of cases relied upon may be attached as appendices to the Court's copy. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice. The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE, C.
A copy of the Report of Sale must be served on the purchaser and all parties who are not in default.
A copy of the Report of sale shall be served on the purchaser in addition to all parties not in default.
Page 11 | V. MASTER COMMISSIONER PRACTICE, (D) Report of Sale
Copies of the motion to confirm sale and confirmation order must be served on the purchaser and all parties who are not in default.
Copies of the motion to confirm sale and the order of confirmation shall be served on the purchaser in addition to all parties not in default.
Page 12 | V. MASTER COMMISSIONER PRACTICE, (F) Confirmation of Sale
Pre-sentence investigation reports must be provided to defense counsel at least two working days before sentencing.
Pre-Sentence Investigation Reports shall be provided to defense counsel no later than two working days prior to sentencing of a defendant in any case.
Page 16
The Clerk must mail the pretrial-conference order to counsel of record and unrepresented parties at least 10 days before the conference, unless the parties agree otherwise.
Dates for pretrial conferences shall be fixed by Court order, copies of which shall be mailed by the Clerk to all counsel of record, and to parties not represented by counsel, at least ten (10) days in advance of the dates of the conference unless the parties agree otherwise.
Page 16 | XI. PRETRIAL CONFERENCES
The Clerk must make notice of entry of an order or judgment in accordance with CR 77.04.
Notice of entry of the Order or Judgment shall be mäde by the Clerk in accordance with CR 77.04.
Page 18 | XIV. ENTRY OF ORDERS OF JUDGMENTS AND SERVICE
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
An eligible person petitioning for a pretrial diversion order must give notice to the Commonwealth's Attorney.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .
Criminal cases
Page 2 | Procedure
Filing Fees and Waivers
A filer requesting a Guardian Ad Litem in an adoption action must pay the Circuit Court Clerk $150 at filing toward the Guardian Ad Litem’s future services.
When making a request for a Guardian Ad Litem for a child(ren) in an adoption action, the filer of the request must pay to the Circuit Court Clerk at the time of filing of said request, $150.00 up front to be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 6 | 107 Guardians Ad Litem
A filer requesting a Guardian Ad Litem in a termination of parental rights action not brought by the Cabinet for Health and Family Services must pay the Circuit Court Clerk $150 at filing toward future services.
When making a request for a Guardian Ad Litem for a child(ren) in a termination of parental rights action not brought by the Cabinet for Health and Family Services, the filer of the request must pay to the Circuit Court Clerk at the time of filing of said request, $150.00 up front to be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 6 | 107 Guardians Ad Litem
After an order approves a motion requesting compensation, the Circuit Clerk must pay remitted fees to the Guardian Ad Litem.
3. The Circuit Clerk shall pay any remitted fees to the Guardian Ad Litem upon the Order of approval of a motion requesting compensation.
Civil cases
Page 7
After an order approves a motion requesting compensation, the Circuit Clerk must pay remitted fees to the Warning Order Attorney.
C. The Circuit Clerk shall pay any remitted fees to the Warning Order Attorney upon the Order of approval of a motion requesting compensation.
Civil cases
Page 7 | 108 Warning Order Attorneys
The filer must pay $150 when filing a motion requesting a Warning Order Attorney, and the fee will be applied to future services.
When filing a motion requesting a Warning Order Attorney, the filer of the request must pay $150.00 at the time of filing of said request to be applied toward the future services of the Warning Order Attorney
Civil cases
Page 7 | 108 Warning Order Attorneys
The required fee must be paid before the Guardian Ad Litem is appointed and will be applied to future services.
that will be required to be paid prior to the Guardian Ad Litem being appointed, and that fee will be applied toward the future services of the Guardian Ad Litem.
Civil cases
Page 7
After an order approves a motion requesting compensation, the Circuit Clerk must pay remitted fees to the Friend of the Court.
B. The Circuit Clerk shall pay any remitted fees to the Friend of the Court upon the Order of approval of a motion requesting compensation.
Civil cases
Page 7 | 109 Friend of the Court
If the motion is granted, the Family Court may assign a fee that must be paid before the Friend of the Court is appointed and will be applied to future services.
When filing a motion requesting the Family Court for a Friend of the Court, the request must be set for motion hour, and, if the motion is granted, the Family Court, in its discretion, will assign a fee that will be required to be paid prior to the Friend of the Court being appointed, and that fee will be applied toward the future services of the Friend of the Court.
Civil cases
Page 7 | 109 Friend of the Court
Required filing fees must accompany petitions and applicable motions unless the Court permits in forma pauperis proceedings; the final allocation of costs and fees is determined later absent agreement.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions. When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
Civil cases
Page 16 | 701 Filing Fees
The specified administrative fee must be paid to the Circuit Court Clerk before the Order of Sale is distributed to the Master Commissioner.
An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.
Page 7 | V. MASTER COMMISSIONER PRACTICE
An affiant submitting an affidavit for a Warning Order Attorney must pay $150 toward the attorney’s future services.
Upon submitting an affidavit for a Warning Order Attorney, the affiant must pay $150.00 to be applied toward the future services of the Warning Order Attorney.
Page 13 | VI. WARNING ORDER ATTORNEYS
The Circuit Clerk must pay remitted fees to the Guardian Ad Litem when an order approving a motion for compensation is entered.
The Circuit Clerk shall pay any remitted fees to the Guardian Ad Litem upon the Order of approval of a motion requesting compensation.
Civil cases
Page 6 | 107 Guardians Ad Litem
Guardian Ad Litem fees in paternity and dependency, neglect, and abuse actions are governed by statute.
The Guardian Ad Litem fee in actions regarding paternity actions and/or dependency, neglect and abuse actions are governed by statute.
Civil cases
Page 6 | 107 Guardians Ad Litem
A Guardian Ad Litem motion in a dissolution or custody action must be set for motion hour, and the court may assign a fee if it grants the motion.
When filing a motion in the Family Court for a Guardian Ad Litem in dissolutions of marriage actions and custody actions, the request must be set for motion hour, and, if the motion is granted, the Family Court, in its discretion, will assign a fee
Civil cases
Page 6 | 107 Guardians Ad Litem
Guardian Ad Litem fees in termination of parental rights actions brought by the Cabinet for Health and Family Services are governed by statute.
The Guardian Ad Litem fees in a termination of parental rights action brought by the Cabinet for Health and Family Services is governed by statute.
Civil cases
Page 6 | 107 Guardians Ad Litem
The $50 fee for reopening a case after six months does not apply to motions for contempt or motions for rule.
204.1 With regard to FCRPP 3(6) the "$50 reopen after six months fee" does not apply to Motions for Contempt/Motions for Rule.
Page 5 | 204 Reopening Cases
Courtesy Copy Requirements
The party seeking a continuance must immediately send a copy of the written motion to the judge's attention, in addition to filing it with the Clerk.
Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing with the Clerk.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
Sealing & Redaction Procedures
For covered personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted, but documents in actions deemed confidential by statute need not be redacted.
However, except as set forth in paragraph (B) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and filing an un-redacted copy in a marked and sealed envelope. The clerk of the Court shall allow the un-redacted 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(ren) support 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 taxpayer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Civil cases
Page 17 | 902 Protection of Personal Identifiers
The Circuit Clerk's Office may not release a Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 27, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge.
Civil cases
Page 17 | 903 Video Copies of In-Chamber Interviews with Children
The Circuit Clerk's Office may not release copies of a confidential Family Court video recording without a specific written order from the Family Court Judge, except as authorized in Paternity actions.
The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge.
Civil cases
Page 17 | 904 Requests for Confidential Video Records
After the final order in an adoption case, the Clerk must seal the records; access is limited to court-ordered or rule-authorized circumstances, with limited access for clerks performing their duties and certified copies of the adoption order available to adoptive parents.
Except as otherwise provided, upon entry of the final order in an adoption case, the Clerk shall place all papers and records in a suitable envelope which shall be sealed and shall not be opened for inspection by any person except on written order of the court or as otherwise permitted under this rule. The Clerk or Deputy Clerks are permitted to unseal and open an adoption file only for such reasons as are necessary in the performance of their duties as custodians of the records and may furnish certified copies of the Order of Adoption to the adoptive parents.
Page 6 | 301 Adoption Records
When personal identifiers are required or appear in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to paragraph B.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 9
Access to the unredacted sealed copy is limited to the specified parties, court personnel, authorized child-support personnel, and people authorized by court order.
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 9
Juror qualification forms and their contents must remain confidential and may be disclosed only to specified people, subject to the Chief Circuit Judge’s or designee’s discretion to impose further confidentiality or use limits; requested photocopies are at the requester’s expense and must be destroyed within a reasonable time after the jury term.
The contents of juror qualification forms shall be made available to the trial judge and to parties of their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential, or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part I1, Section 7, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associates with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.
Page 17 | XIII. JURY QUESTIONNAIRE
The order requirement does not apply to qualifying public officers or employees who certify their investigative or prosecutorial role, but they may use or distribute the information only for that investigation or prosecution.
Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited statutes.
B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 9
After a dissolution case closes, the clerk may unseal the envelope to remove the VS-300 for mailing; otherwise, unsealing requires direction from the presiding judge or Circuit Court Clerk, and the envelope must be resealed.
Upon a dissolution of marriage case being closed, the Clerk of the Circuit Court is hereby authorized to unseal the envelope and remove the VS-300 for mailing to Kentucky's Office of Vital Statistics; otherwise the sealed envelope may only be unsealed upon direction of the presiding judge or the Circuit Court Clerk and is to be re-sealed.
Page 9
Pre-Motion Conference Requirements
Before seeking a hearing on a motion to compel discovery, counsel must confer or correspond with opposing counsel and be unable to resolve the dispute.
Motions to compel discovery shall contain a certificate, by counsel, that she or he has conterred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing.
Civil cases
Page 10 | 202 Motion Hour/Motion Practice/Service of Motions
Adjournment & Extension Requirements
A party unable to attend must immediately notify the moving party and try to agree on a new date with the Family Court Judge's assistant; if no date is agreed or found, the party must immediately file a written continuance motion stating reasons, serve the opposing party, and send a copy to the Family Court, with dependency, neglect, or abuse matters also subject to FCRPP 23; the Court retains discretion over continuances and may allocate costs for good cause.
An attorney or prose party who will be unable to be present at the time scheduled in the motion/hearing shall immediately notify the moving attorney or prose party and attempt to establish a new mutually agreeable date and time for hearing the motion by working with the Family Court Judge's assistant (270-753-6260 or 270-527-2611) for new available dates. If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court. Any motion for continuance in a dependency, neglect or abuse matter shall comply with the requirements of FCRPP 23. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance.
Civil cases
Page 11 | 205 Continuance of Motions
An attorney unable to attend a motion hearing must immediately try to agree on a new time with the moving attorney; if that fails, the party seeking a continuance must immediately file a written motion stating the reasons.
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 time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing with the Clerk.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
Criminal trial dates may be changed only with leave of Court.
Criminal matters shall have priority on the Court's docket for trial dates. These dates may be changed with leave of Court.
Page 14 | X. PROCEDURE IN CRIMINAL CASES
After the status hearing, a case may be continued only for good cause.
After the status hearing, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 15
A motion for a continuance must be made and heard before the designated report date, except for good cause shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 15
An unresolved case may be continued at the status hearing only for good cause shown.
At the status hearing, if not resolved, the case shall either be assigned for trial, continued for good cause shown, or referred to mediation.
Page 15
The Court may continue an untimely subsequent motion if an opposing party objects or for other good cause.
However, the Court shall have discretion to continue any untimely filed subsequent motions upon an opposing party's objection or for other good cause.
Civil cases
Page 9 | 202 Motion Hour/Motion Practice/Service of Motions
The Court may waive or modify the motion and response filing and service deadlines upon a showing of good cause or in the interests of justice.
These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.
Page 4 | IV. MOTION DAYS AND MOTION PRACTICE, C.
Chambers Communication Rules
After checking with the Clerk's Office, the party must set the motion for a Motion Day at a given time.
After checking with the Clerk's Office, the party shall proceed to set the motion for a Motion Day at a giving time.
Page 6 | IV. MOTION DAYS AND MOTION PRACTICE
For good cause, the Judge may allow a motion to be heard by telephone; conference dates and times may be obtained by calling the Judge’s Assistant at either listed number.
For good cause shown, a motion may be heard by telephonic conference at the discretion of the Judge. Dates and times for telephonic conference may be obtained by contacting the Judge's Assistant at the Office of the Family Court (270-753-6260 or 270-527-2611).
Civil cases
Page 10 | 203 Exceptions to Regular Motion Hour Schedule
A party seeking a new hearing date should work with the Family Court Judge's assistant at either listed phone number to find available dates.
An attorney or prose party who will be unable to be present at the time scheduled in the motion/hearing shall immediately notify the moving attorney or prose party and attempt to establish a new mutually agreeable date and time for hearing the motion by working with the Family Court Judge's assistant (270-753-6260 or 270-527-2611) for new available dates.
Civil cases
Page 11 | 205 Continuance of Motions
For an urgent motion noticed for another time, the moving attorney should consult with the Judge and responding party to select a suitable time.
In this event, the attorney for the moving party should consult with the Judge and responding party for a suitable time for the matter to be noticed.
Page 5 | IV. MOTION DAYS AND MOTION PRACTICE
The Commonwealth and defense counsel must inform the Court of their intention to mediate before mediation.
The Commonwealth and Defense counsel shall inform the Court of their intentions to mediate prior to mediation
Page 16
The mediation outcome must be reported to the Court on the Rule Day following mediation.
the outcome of the mediation shall be reported to the Court on the Rule Day following mediation.
Page 16
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the Emergency Protective Order of Domestic Violence was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the Emergency Protective Order of Domestic Violence was issued.
Page 4 | IV. Contempt Proceedings
After completing all requirements for an uncontested adoption final hearing, including any necessary home investigation, parties may contact the Family Court's office at either listed number to schedule the hearing.
Once all procedural requirements have been met for a final hearing in an uncontested adoption, including the home investigation where necessary, parties may secure a date and time for a final adoption hearing by contacting the Family Court's office at 270-753-6260 or 270-527-2611.
Civil cases
Page 12 | 303 Obtaining Date and Time for Hearings in Adoption Cases.
The hearing date and time may be obtained by calling the Family Court's office at either listed number.
The time and date for the Temporary Removal Hearing may be obtained by contacting the Family Court's office at 270-753-6260 or 270-527-2611.
Civil cases
Page 15 | 604 Date/Time for Temporary Removal Hearing
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the order was issued.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 12 | IIII. Contempt Proceedings
By agreement, parties may schedule contested motions with the Judge's Secretary at any available docket time, subject to later rescheduling by the Court.
Parties may, by agreement, set the hearing of contested motions with the Judge's Secretary at any available times on the docket, subject to later rescheduling by the Court.
Page 6 | IV. MOTION DAYS AND MOTION PRACTICE
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or County Attorney's office in the county where the order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 3 | Contempt Proceedings