McCracken Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements4 rules
form(s) which are available in the Circuit Clerk's Office. Any amendment to a Domestic Violence Order shall be set forth in the proper state approved AOC
Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be 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.
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1
- Petition
Formatting
- •Use form AOC-275.1.
Such orders shall be by separate styled instruments and not on the same page as the motion in sufficient number for all parties.
Document Filing Requirements39 rules
All cases filed or reopened in Family 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 Shect, which may be obtained in the Circuit Court Clerk's Office.
A Certificate of Service must state the time and manner of service, identify the recipient, and be signed by the person who made service.
Court's wording
Proof of service shall be made by "Certificate of Service" setting forth proof of the time and manner of service, to whom was service made and signed by the person making the service and filed of record before any action is taken on the motion.
Counsel for the parties shall submit a settlement conference report to the Court prior to the Case Management Conference outlining any agreements and items remaining in
In any divorce action involving minor children, counsel for the Petitioner or a Pro Se Petitioner shall file a Form AOC FC-3 with the clerk and shall send a copy to the Family Court Office at 301 S. 681 St., Paducah, KY 42003.
If there is an active EPO or DVO then the address of the protected party shall be supplied to the clerk on a separate paper so that the protected party may receive their copy.
In a bifurcated dissolution action, the final order resolving remaining issues must be designated “Final Supplemental Decree.”
Court's wording
In any bifurcated dissolution of marriage action the final order resolving any remaining issues shall be designated as "Final Supplemental Decree". The clerk shall close any action wherein a Final Supplemental Decree is filed.
All agreements and agreed orders shall contain a proper clerk's certificate with the correct mailing addresses for the attorneys or partics if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.
Any unrepresented party who signs and acknowledges an appearance and waiver shall do so before a notary or deputy clerk.
If a case is settled prior to or during mediation, an attorney for one of the partics shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
Pleadings must provide the personal identifying information required by the listed statutes.
Court's wording
all pleadings must comply with the requirements of KRS Chapters 205, 403. 405, 406 A. The Family Court Case Data Sheet must be fully completed in all cases. In addition. and 407 by providing the personal identifying information required in those chapters.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the printed name, address, telephone number, fax number and e-mail address. if fax and e-mail are available, of the attorney or party signing the paper.
The Family Court Case Data Sheet must be fully completed in all cases.
The Clerk's Office must not release an in-chamber interview video of a child without a specific written order of the Family Court Judge.
Court's wording
Pursuant to FCRPP 27, the Circuit Court Clerk's Office shall not release any Family Family Court Judge. An individual requesting a judicial order must provide the Family Court video in-chamber interviews with children without a specific written order of the portion of the video record being requested is an in-chamber interview with a child and Court Judge a written explanation for the request which specifically indicates the specific purpose of the request.
An order setting a reimbursement percentage for daycare or uninsured medical expenses must specify how the payor is notified and how and when reimbursement is paid.
Court's wording
All orders setting forth a percentage for reimbursement of daycare or uninsured medical expenses shall include a specific provision for giving notice to the payor requesting reimbursement of the expenses and a specific provision for how and when reimbursement is to be paid.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in theỗ&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
B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
A pretrial diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.
Court's wording
The Order ofDiversion shall include - 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration ofthe diversion . Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period ofthe pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
C. The Commonwealth shall make a written recommendation to the Court in response to each application pursuant to KRS 533 .250(2).
Duration of the pretrial diversion shall not exceed five (5) years without agreement ofthe petitioner . Duration ofthe diversion agreement shall not be less than the time required to make restitution in full.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the Court 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
Thereafter, pleadings, motions, orders and all papers in the case shall indicate the Division in which they are filed.
There shall be filed with each motion a brief statement of the grounds therefor, with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk no later than five days prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Except for motions for summary judgment, no motion shall be filed without the tender of a proposed order in conformity therewith, excluding such orders that require findings of fact and conclusions of law.
A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such a judgment, which must appear on the motion docket.
After a ruling or judgment in a civil case, a conforming order or judgment must be prepared by the Court or, if directed, by counsel.
Court's wording
In all civil cases whenever any ruling is made, or Judgment rendered, a proper Order or Judgment in conformity therewith shall be prepared by the Court, or by counsel for any party to the proceeding, if so directed by the Court.
Said motion shall be accompanied by the movant's certificate, as stated in CR 55.01.
Counsel-prepared orders or judgments must include sufficient copies for all parties entitled to notice; noncompliance may prevent signature or entry until corrected.
Court's wording
Any Order or Judgment prepared by counsel must be accompanied by sufficient copies for all parties entitled to notice, including the Special Commissioner and Friend of the Court, where appropriate. Failure to comply with the above shall be cause of the Court to refuse to sign such Order or Judgment, or the Clerk to withhold the entry thereof pending compliance.
When answering interrogatories or requests for admissions, the replying party shall comply with CR 33.01.
The Order or Judgment, when signed by the Judge, shall be delivered to the Clerk for entry.
Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.
It shall also include by means of a certified complaint, affidavit or other such documentation, to sufficiently apprise the Court of the damages requested.
The original order or judgment must include a Certificate of Service for the Clerk's signature listing the names and addresses of nondefaulting parties or their counsel.
- Document
- Order or judgment
Must include
- •Certificate of service
Court's wording
The original of said Order 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.
A rubber stamp shail not be deemed a signature either under this rule or CR 11.
The Order of Diversion may include : I. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation ofthe Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .
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.
Filing & Service rules
Filing Timing and Cure Windows
Motions, except in Domestic Relations (CI) actions, must be filed by 4:30 p.m. three business days before the appropriate docket.
Except for Domestic Relations (CI) actions, all Motions shall be filed and served no later than 4:30 p.m. three business days preceding the appropriate docket.
Page 6 | 202 Filing of Motions
Orders for Emergency Custody received after normal business hours must be filed with the Clerk no later than the close of the next work day.
hours shall be filed with the Clerk of the court no later than close of the next work day. Pursuant to FCRPP 19(3)(a), all Orders for Emergency Custody received after normal business
Page 8 | 603 Filing after hours Emergency Orders
Motions for the Tuesday Domestic Relations docket must be filed by 4:30 p.m. on the preceding Wednesday; later-filed motions are automatically passed to the next Motion Hour.
The motion shall be filed by 4:30 p.m. the Wednesday prior to the Tuesday motion docket. Motions filed after the deadline shall be automatically passed to the next Motion Hour.
Page 8 | 701 Motion Hour Practice
The joint statement must be submitted within ten days after mediation terminates.
This statement shall be submitted within ten (10) day's of the termination of mediation.
Page 10 | 704 Mediation
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
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
Page 14 | Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment and no later than 30 days before trial.
A. After indictment in circuit court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. PROCEDU RE
For motions covered by this section, excluding those permitted by law to be heard ex parte, motions filed by 4:30 p.m. on the Friday preceding the next motion day are docketed for that motion day; later filings are docketed for the following motion day.
The Clerk shall keep a motion docket for each Division in which there shall be docketed, in order, all motions filed with the Clerk no later than 4:30 p.m. Friday, preceding the next motion day. Any motions filed thereafter shall be docketed on the following motion day.
Page 10 | 5. MOTION DAYS AND MOTIONS
If a party chooses to respond or the Court orders a response, the response must be filed with the Clerk no later than five days before the hearing, unless the Court sets a different time.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk no later than five days prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Page 10 | 5. MOTION DAYS AND MOTIONS
A facsimile pleading or order is not considered filed of record unless the original is tendered within three days of transmission.
No facsimile pleading or order shall be considered filed of record without an original being tendered within three days of the facsimile transmission.
Page 13 | 13. FAXES
Service and Proof of Service Rules
Unless otherwise provided, motions and hearing notices must be served in conformity with CR 5.02, and proof of service must be filed before action is taken on the motion.
Unless otherwise specifically provided, service of motions and notice of hearings shall be made in conformity of CR 5.02. Proof of service shall be made by "Certificate of Service" setting forth proof of the time and manner of service, to whom was service made and signed by the person making the service and filed of record before any action is taken on the motion.
Page 6 | 203 Service of Motions
Motions, except in Domestic Relations (CI) actions, must be served no later than 4:30 p.m. three business days before the appropriate docket.
Except for Domestic Relations (CI) actions, all Motions shall be filed and served no later than 4:30 p.m. three business days preceding the appropriate docket.
Page 6 | 202 Filing of Motions
Dispositional reports must be provided to all counsel of record at least three business days before the hearing; fax, c-mail, or hand delivery is sufficient.
The Dispositional reports required under FCRPP 28 shall be provided to all counsel of record at least three (3) business days prior to the hearing. It shall be sufficient to fax. c- mail or hand deliver the reports
Page 8 | 605 Dispositional Reports
When the Cabinet is the moving party, the County Attorney must serve the motion and notice of hearing.
Service of the motion and notice of hearing shall be made by the County attomey when the Cabinct is the moving party.
Page 8 | 601 Filing of Motion / Scheduling Hearing
The Court may void participation in pretrial diversion only after a hearing with notice to the Commonwealth and defendant, and upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing offailure to comply with the conditions of diversion or failure to make satisfactory progress .
Criminal cases
Page 4 | V. VOIDING A DIVERSION ORDER
The Clerk must mail the pre-trial conference order to counsel and unrepresented parties at least ten days before the conference, unless the parties agree otherwise.
Dates for pre-trial 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 date of the conference unless the parties agree otherwise.
Page 12 | 8. PRE-TRIAL CONFERENCES
The Clerk must give notice of entry of an order or judgment in accordance with CR 77.04.
Notice of entry of the Order or Judgment shall be made by the Clerk in accordance with CR 77.04.
Page 13 | 11. ENTRY OF ORDERS AND JUDGMENT AND SERVICE
Filing Fees and Waivers
A $50 reopening fee applies to motions to modify support, custody, or visitation brought by a private attorney or filed pro se, including when the original action was filed without Title IV-D costs, unless the motion is brought in forma pauperis.
Motions to modify regarding support, custody or visitation brought by a private attorney or filed by a party pro se, shall be assessed a reopening fee of $50.00, regardless of whether the original action was filed without costs under Title IV-D, unless the motion is brought in forma pauperis.
Page 7 | 502 Reopening fees
Rule. However, any Motion for Contempt (or Rule) which is used to disguise other relief will be With regard to FCRPP3 (6) the reopening fee does not apply to Motions for Contempt/Motions for payment of a reopening fee. assessed a $50.00 reopening fee if the Court determines that the motion is an attempt to circumvent the
Rule. However, any Motion for Contempt (or Rule) which is used to disguise other relief will be With regard to FCRPP3 (6) the reopening fee does not apply to Motions for Contempt/Motions for payment of a reopening fee. assessed a $50.00 reopening fee if the Court determines that the motion is an attempt to circumvent the
Page 11 | Rule 9, § 903 Reopening Fee
Sealing & Redaction Procedures
Within 30 days after the final order, the Clerk must seal the adoption records; the Clerk or Deputy Clerks may open them only as necessary to perform their duties and may furnish specified certified copies to adoptive parents, while inspection by another person requires a written court order.
records in a suitable envelope which shall be sealed. The Clerk or Deputy Clerks are pemitted to Within 30 days of the entry of the final order in an adoption case, the Clerk shall place all papers and duties as custodians of the records and may furnish certified copies of the Findings, Conclusions and unseal and open an adoption file only for such reasons as are necessary in the performance of their by any other person except on written order of the court. Order of Adoption to the adoptive parents, however, the records shall not be opened for inspection
Page 7 | 303 Adoption Records
Access to the sealed, unredacted copy containing personal identifiers is limited to the listed case participants, authorized personnel, and persons specifically 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 authorized court personnel, a duly authorized employee or agent of the Cabinet for Health only by a party to the case, an attorney of record in the case, a judge of the court or other and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court.
Page 11 | Rule 9, § 907 Personal Identifiers
When personal identifiers are required or appear in filed documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, subject to the statutory-confidentiality exception in 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 11 | Rule 9, § 907 Personal Identifiers
Documents and exhibits in actions deemed confidential by statute need not be redacted, and access to them is governed by the cited statutes.
not be redacted, and any access to those files shall be governed by KRS 199.570, KRS B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need 610.340, KRS 625.045 and KRS 625.108.
Page 12 | Rule 9, § 907 Personal Identifiers
Pre-Motion Conference Requirements
Before filing a non-emergency motion for the Dependency, Neglect and Abuse docket, the filer must obtain a court date and time from Family Court staff.
Prior to filing a (non-emergency) motion for the Dependency, Neglect and Abuse docket, a court date and time must be obtained from a member of the Family Court staff.
Page 8 | 601 Filing of Motion / Scheduling Hearing
Adjournment & Extension Requirements
A criminal pretrial conference may be continued only upon a showing of good cause at a hearing.
The conference shall be continued only upon a showing of good cause at a hearing.
Page 2 | Rule 7C
A continuance after a trial date is set may be granted only if the Court finds the reasons were both unavoidable and unforeseeable on the setting date.
F. Once a trial date has been set, neither party shall be granted a continuance unless the Court is satisfied that the reasons were both unavoidable and unforeseeable on the setting date.
Page 11 | 3. JURY TRIAL PERIODS
A continuance from the specified motion docket may be granted for good cause, including an opportunity to obtain counsel in contempt actions.
Motions brought by the Division of Child Support in "CI" actions for establishment, modification or enforcement, including contempt, shall not be placed on the Tuesday Motion hour docket, but instead, shall be placed on the 2ndWednesday 1:30 docket and shall be heard in full at that time unless a continuance is granted for good cause. Good cause shall include an opportunity to obtain counsel or have counsel appointed in Contempt actions.
Page 9 | RULE 7 DOMESTIC RELATIONS PRACTICE
Chambers Communication Rules
Before making a recommendation, the Commonwealth must obtain a criminal record check by calling the listed AOC Pretrial Services number, not the local Pretrial Services Officer.
Before making a recommendation to the Court, the Commonwealth shall : Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to 502-573-1669. DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | III. PROCEDURE
In urgent cases, a motion may be noticed for hearing at another time upon proper notice, and the moving party’s attorney should consult the assigned Judge about a suitable time.
Notwithstanding the foregoing, in case of urgency, a motion, upon proper notice, may be noticed for hearing at other times. In this event, the attorney for the moving party should consult with the Judge to whom the case is assigned for a suitable time for the matter to be
Page 10 | 5. MOTION DAYS AND MOTIONS
Adoptions and Terminations of Parental Rights hearings may be scheduled by calling the Family Court Judge's Office.
Adoptions and Terminations of Parental Rights hearings may be scheduled by calling the Family Court Judge's Office.
Page 6 | 201 Schedule
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 protective 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 protective order was issued.
Page 16 | IV. Contempt Proceedings
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 protective 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 protective order was issued.
Page 4 | IV. Contempt Proceedings
Parties may inquire personally or by telephone about the Judge’s available trial dates and times.
E. The secretary of each Judge will keep available, for personal or telephonic inquiry, a calendar showing dates and times that such Judge has for the trial of jury and non-jury cases.
Page 11 | 3. JURY TRIAL PERIODS