Martin County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Proposed Order, Proposed Judgment
Document Format Requirements3 rules
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
E. All Motions filed must have original signatures, except when submitted by the Judge for filing.
All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.
Document Filing Requirements44 rules
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.
The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or at the Case Management Conference.
shall also produce a Preliminary or Final Report from said expert prior to or at the Case Management Conference.
shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.
All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.
2. Motions for compensation shall be accompanied by an Affidavit stating: a. The statutory basis for the appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding has been concluded.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.
Separate petitions are required for each child in termination proceedings, and consolidation for hearing is permitted only by court order.
Court's wording
Termination Proceedings involving two (2) or more children with the same parents) whose righis are subject to termination must proceed by separate Petitions for each child, but may be consolidated for Hearing purposes only if so ordered by the Court.
An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client; the file's information is confidential and subject to attorney-client privilege.
Court's wording
Pursuant to KRS 406.035, the attorncy seeking permission to review and/or copy the paternity file shall sign a Statement that the Order of Judgment is the only information which may be shared with the client, including information relating to domestic violence or child abuse, as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
A. Any interested party seeking an Emergency Custody Order must file a petition with the Family set forth below. Court and may contact the Cabinet for Health and Family Services in their respective county as
Juvenile petitions must be submitted to the respective County Attorney's office for a legal-sufficiency check before filing; if rejected, an interested party may file the petition and submit it to the Family Court Judge for review.
Court's wording
A. All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the filing. If the petition is rejected by the county attorney, then it may be filed by the interested respective County Attorney's office who shall check the petition for legal sufficiency prior to its party and submitted to the Family Court Judge for a determination of its legal sufficiency.
I. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.
The Court shall appoint a Guardian ad Litem for the minor child, and an attomey for any named party upon their request and upon execution of a DNA 11. Financial Statement. Affidavit of Indigence and Request for Counsel form.
At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours with the Court prior to the Disposition Hearing.
A videotaped record of all proceedings shall be kept and copies shall be made available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.
2. Full information conceming the child's parents and their addresses). The Petitioner initiating contact with the Child Support Division of the respective County Attorney's shall make diligent efforts to locate the child's parents, including but not limited to.
The mediator must file a report with the court stating the mediation outcome within 30 days after mediation concludes.
Court's wording
At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).
Every paper filed by an attorney or party must include the case number and the signer’s typed or printed name and contact information; a rubber stamp is not a signature.
- Document
- Pleading motion or other paper
Must include
- •Case number
Court's wording
Every pleading, motion and any other paper filed in the record by an attorney or a party shall contain Identification of Counsel or Party Required attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this the case number, typed or printed name, address, telephone number and e-mail address of the Rule or CR I1.
The Family Court Case Data Sheet must be fully completed in all cases.
An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.
An individual requesting such an Order must provide the Family Court Judge with a written explanation of the reason for the request and specifically indicate the portion of the video record being requested and proposed use thereof.
C. All cases will be assigned a "D" case number with the appropriate trailer number within the court case management system and may not be consolidated with any other case type.
- Document
- Protective order case
Include
- •Case number
Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. 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.
An order for relief must not require the petitioner to take affirmative action.
Court's wording
Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter in that Circuit. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
1. Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which specifies the court ordered conditions, the reterral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.
After the diversion contract is completed, the pretrial officer must submit it and a report to the trial judge for approval; the report must include the listed background and eligibility information.
Court's wording
Following completion of the diversion contract, the pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.
Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.
Court's wording
B. Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
Successful completion requires dismissal of the covered charge and the notation “dismissed as diverted” on all official records; the administrative record must be retained, not expunged.
Court's wording
E. Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed as diverted". The administrative record shall not be expunged but, rather, shall be retained in conformity with the Kentucky Court of Justice Records Retention Schedule.
Counsel must remain of record until the time to appeal a final judgment or order expires unless the Court relieves counsel upon written motion and notice.
Court's wording
5.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
5.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
5.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.
6.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
An entry of appearance for a limited purpose must specify the limited nature of counsel's representation.
Court's wording
5.4 Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered
6.2 In civil actions, proposed orders shall be tendered with each motion.
- Document
- Motion
Must include
- •Proposed order
For a jury trial, the Pretrial Compliance Statement must contain each of the listed items.
Court's wording
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following: • A statement of the kind of action and a report on the status of mediation efforts; • Stipulations; • A statement of disputed issues with citation of authorities; • A confirmation that discovery is completed, or if not completed, the probable completion date; • A list of expected witnesses and brief summary of their testimony; • A separate list of expert witnesses and brief summary of their testimony; • A list of marked exhibits; • A list of all special damages and supporting documents; and • Proposed Jury Instructions
F. Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with submit same directly to the Judge for approval by the Court off-docket, which shall contain a Settlement Agreement and Jurisdictional Deposition.
D. Status Quo Orders may be entered on the AOC-237 form upon Motion of any party with Notice and opportunity to be heard by the opposing parties).
D. A Program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge. Where termination is prior to expiration of the contract period, the pretrial officer shall refer the case to the County Attorney for resumption of prosecution.
In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.
A party's Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.
The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.
Filing & Service rules
Electronic Filing Rules
Proposed orders or judgments directed for matters under advisement must be emailed to the Court in Word or compatible format, with a hard copy submitted to the Clerk.
All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk.
Page 6 | RULE 6: ENTRY OF ORDERS AND JUDGMENTS
Once the Court is able to sign orders electronically, it may direct parties to submit proposed orders electronically.
At such time that the Court becomes able to sign orders electronically, the Court may direct parties to submit proposed orders in that fashion.
Page 6 | RULE 6: ENTRY OF ORDERS AND JUDGMENTS
Parties may file motions in compliance with the e-filing system.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system.
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
Filing Timing and Cure Windows
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 5 | 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 5 | Uniform Protocol for Handling Cases
If the filing county is closed, motions must be filed by the close of the next business day.
If the filing county is closed, then all Motions must be filed by the close of the next business day.
Page 14 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Motions for the docket must be filed in the county of the proceeding with the Circuit Court Clerk by the stated deadline, including the seven-day-before-motion-hour and county-specific 4:00 p.m. preceding-weekday deadlines.
shall be filed in the Office of the Circuit Court Clerk in that county by the close of business no Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and is scheduled on the first and third Monday of each month, and any Motions shall be filed by later than seven (7) days prior to the scheduled Motion Hour. Motion Hour in Lawrence County and fourth Tucsday of each month, and any Motions shall be filed by 4:00 pm on the preceding 4:00 pm on the preceding Monday. Motion Hour in Johnson County is scheduled on the second Tuesday. Motion Hour in Martin County is scheduled on the first and third Wednesday of each month, and any Motions shall be filed by 4:00 pm on the preceding Wednesday.
Page 14 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Within 60 days of appointment, the guardian ad litem must file an answer for the respondent or a report stating that, after careful examination, the guardian cannot present a defense.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.
Page 15 | RULE 5 PATERNITY
File the original Emergency Custody Order with the Circuit Court Clerk upon execution, or by 8:00 a.m. the next business day if the clerk's office is closed.
B. The original Emergency Custody Order shall be filed with the appropriate 24" Circuit Court Clerk's office upon execution by a Judge or at 8:00 am on the next business day if the respective Clerk's office is closed in compliance with FCRPP 19(1).
Page 17 | Emergency Procedure for Emergency Custody Orders
C. After hours and on weckends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on- Services or the other interested person shall file the original Emergency Custody Order with the call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.
C. After hours and on weckends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on- Services or the other interested person shall file the original Emergency Custody Order with the call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.
Page 17 | Emergency Procedure for Emergency Custody Orders
CHFS must submit the Permanency Hearing Report Outline to the Court 72 hours before the court date.
At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.
Page 18 | Permanency Hearing/Review
Form DNA 12 and the required FCRPP 28 information must be submitted to the Court 72 hours before the Disposition Hearing.
At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours with the Court prior to the Disposition Hearing.
Page 18 | Dispositional Hearing
The mediator must file the mediation outcome report with the court within 30 days after mediation concludes.
At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).
Page 20 | Completion of Mediation
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.
Page 27 | Uniform Protocol for Handling Cases
Responses to motions must be filed in the Clerk's office two business days before the motion docket.
Responses to said motions shall be filed in the Clerk's office two (2) business days immediately preceding the motion docket on which the motion is to be heard.
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
Motions other than those permitted to be filed ex parte must be filed with the appropriate county Clerk by closing time five business days before the motion docket.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
Counsel must file the written entry of appearance forthwith upon being retained, subject to the stated exception.
5.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
Page 5 | RULE 5: APPEARANCES BY COUNSEL
All civil motions shall be filed on the date and time specified in these rules.
All civil motions shall be filed on the date and time specified in these rules.
Page 5 | RULE 4: CIVIL DISCOVERY AND PRACTICE
Motions may not be filed on the morning of trial unless the Court grants leave.
No motions may be filed on the morning of trial without leave of Court.
Page 8 | RULE 9: JURY TRIALS
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 5 | 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 27 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 27 | Uniform Protocol for Handling Cases
An emailed or faxed motion is not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
Counsel in criminal actions may tender proposed jury instructions at any time before trial.
Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.
Page 8 | RULE 9: JURY TRIALS
The executed Case Plan must be filed before the Disposition Hearing.
The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.
Page 18 | Dispositional Hearing
Service and Proof of Service Rules
All foster parents must receive notice of every hearing scheduled by the Court and must be given the right to be heard at every hearing.
All foster parents shall receive Notice of all hearings scheduled by the Court and shall be given the Notice to Foster Parents right to be heard at all hearings.
Page 18 | Notice to Foster Parents
After each hearing, the petitioner must continue diligent efforts to locate and notify everyone who has not yet been served.
The Petitioner shall make continuing diligent efforts after each hearing to locate and notify all persons who have not yet been served.
Page 18 | The Effects of Service on Only One Parent or Persons Exercising Custodial Control or Supervision
At least five working days before property mediation, the parties must exchange and provide the mediator with their financial disclosure statements, asset valuation documents, debt payment and balance documents, and information or documents requested by the mediator.
The parties shall exchange and provide to the Mediator, in no less than five (5) working b. Copies of all documents supporting their valuation of the parties' assets: a. Their respective Financial Disclosure Statements including any changes thereto: c. Copies of all documents verifying monthly payments and outstanding balances on d. All information and copies of all documents requested by the Mediator prior to all the parties* debts; and the mediation conference.
Page 19 | Requirements for Property Mediation
A person seeking an order to obtain confidential video records must give notice to all parties, including the child’s Guardian ad Litem if any.
An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.
Page 22 | Requests for Confidential Video Records
Motions other than those permitted to be filed ex parte must be delivered to opposing counsel no later than closing time five business days before the motion docket.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
A copy of a motion seeking to relieve counsel of responsibilities must be served on the client.
5.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
Page 5 | RULE 5: APPEARANCES BY COUNSEL
For a jury trial, the parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following:
Page 7 | ASSIGNMENT OF TRIALS IN CIVIL MATTERS
The Judge may proceed with specified hearings without service on the non-custodial parent if the required diligent service efforts are established on the record and that parent is not the named alleged perpetrator.
The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the with FCRPP 18(1), if it is established on the record that Petitioner has made diligent efforts to serve Disposition Hearing to go forward when the non-custodial parent has not been served. in accordance all other parties, including initiating contact with the Child Support Division of the County perpetrator of the alleged neglect or abuse.
Page 18 | The Effects of Service on Only One Parent or Persons Exercising Custodial Control or Supervision
Filing Fees and Waivers
A program participation fee is set by the Administrative Office of the Courts, and the pretrial officer may reduce it on a sliding scale based on ability to pay or waive it for indigence.
E. The fee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The pretrial officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | PARTICIPATION
In a Title IV-D-initiated action, the reopening fee is charged for later child-support, custody, or visitation motions brought by private counsel or a pro se litigant, unless the motion is in forma pauperis.
However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, child custody or visitation are brought by a private attorney or are filed by a prose litigant rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 16 | RULE 5 PATERNITY
The $50 reopening fee is not due for motions filed in Title IV-D cases for child-support modification or enforcement.
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions filed in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement.
Page 16 | RULE 5 PATERNITY
Courtesy Copy Requirements
Counsel shall transmit a courtesy copy to opposing counsel.
Counsel shall transmit a courtesy copy to opposing counsel.
Page 6 | RULE 6: ENTRY OF ORDERS AND JUDGMENTS
Sealing & Redaction Procedures
Temporary Custody Orders under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED and not opened for inspection by persons other than the parties to such proceedings and their counsel.
Page 14 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
Pleadings must provide legally required personal identifiers, while filings containing personal identifiers must include a redacted copy and an unredacted copy in a marked, sealed envelope; access to the sealed copy is restricted to specified persons.
In addition, all pleadings personal identifying information required in those chapters. However, except as set forth in must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the documents or exhibits filed with the Court pursuant to the above-stated chapters, parties shall Paragraph B below, where personal identifiers are required by Statute or contained in other by filing an unreducted copy in a marked and sealed envelope. The Clerk of the Court shall allow comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and be accessed only by a party to the case, an attorney of record in the case. the Judge of the Court or the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to Family Services involved in child support matters attendant to the case, or a person authorized to other authorized Court personnel, a duly authorized employee or agent of the Cabinet for Health and view the copy by specific order(s) of the Court.
Page 21 | RULE 9 MISCELLANEOUS — Protection of Personal Identifiers
The Clerk’s offices may not release a Family Division video of an in-chamber child interview without a specific written order from the Family Court Judge.
Pursuant to FCRPP 17, the 24h Circuit Court Clerk's offices shall not release any Family Division video of in-chamber interviews with a child without a specific written Order of the Family Court Judge.
Page 22 | Video Copies of In-Chamber Interviews with Children
Confidential Family Court video records may not be released without a written order, except for the specified authorized public officers or employees; those requesting an order must file a motion, notify all parties including any child’s Guardian ad Litem, and state the reason and proposed use.
The 24" Circuit Count Clerk's offices shall not release any copies of Family Court confidential video Requests for Confidential Video Records records without a specific written Order from the presiding Family Court Judge. An individual Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof. requesting such an Order must file a written motion, with Notice to all parties, including the child's Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other investigation or prosecution of offenses under the Kentucky Revised Statutes.
Page 22 | Requests for Confidential Video Records
Program records and contract-related statements are confidential and generally protected from disclosure, subject to access by specified officials, release with prior written consent, and disclosure to the victim about participation.
D. All Program records and all statements made by a defendant to the pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
Criminal cases
Page 3 | PARTICIPATION
Pleadings, documents, and exhibits in actions made confidential by statute need not be redacted, and access is governed by the cited statutes.
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 22 | RULE 9 MISCELLANEOUS — Protection of Personal Identifiers
Chambers Communication Rules
After hours, on weekends, and on holidays, the Cabinet or another interested person must contact the appropriate judicial officer to obtain an Emergency Custody Order.
C. After hours and on weckends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on- Services or the other interested person shall file the original Emergency Custody Order with the call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.
Page 17 | Emergency Procedure for Emergency Custody Orders
Attorneys and self-represented litigants must contact the court's secretary to remand pending hearings concerning resolved issues.
The attorneys and pro se litigants, shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 20 | Completion of Mediation
The filing party must communicate a motion withdrawal or remand, or hearing cancellation, directly to both the Circuit Judge and the Clerk, with agreement of all parties.
Any withdrawal or remand of motions or cancellation of hearings shall be made by the filing party directly to the Circuit Judge and to the Clerk and must be by agreement of all Parties
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS
Anyone seeking a remote proceeding must consult the Circuit Judges Office, Circuit Clerk, and other party or counsel at least five business days beforehand, unless the judge deviates in the interests of justice.
Any part/counsel desiring a Remote Court Proceeding shall consult with the Circuit Judges Office, Circuit Clerk and the other(s) party/counsel no later than five (5) business days prior to the proceeding so that the feasibility of a Remote Court Proceeding can be determined. Nothing herein shall prevent the Circuit Judge from deviating from this timeline, if the interests of justice dictate such.
Page 5 | RULE 3: REMOTE PROCEEDINGS
If opposing counsel finds an order or judgment unsatisfactory, counsel must immediately notify the Court of objections and present an alternative version.
6.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Page 6 | RULE 6: ENTRY OF ORDERS AND JUDGMENTS
Unless otherwise specified, counsel must meet in chambers at 8:15 a.m. to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:15 a.m. to discuss preliminary matters, motions, and jury instructions.
Page 8 | RULE 9: JURY TRIALS
If a case settles, the parties must notify the Court and Circuit Clerk before 3:00 P.M. EST on the day before trial.
10.1 Parties shall notify the Court and the Circuit Clerk prior to 3:00 P.M. EST on the day before the case is scheduled for trial if they settle a case, so jurors will not be summoned.
Page 9 | RULE 10: SETTLEMENT OF CASES
Parties may email motions to the Circuit Judge before the hearing for informational purposes, but the email is not recognized as a motion until the original is received and entered in the record.
Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk
Page 4 | RULE 2: MOTIONS, MOTION DAYS AND MOTION DOCKETS