McLean County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Post Decree Motion
Communication
Chambers
Chambers
Phone
Chambers
Phone
Chambers
Document Format Requirements2 rules
All motions to be heard during regular motion hours shall be in writing
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
- •Petitions must be made on form AOC-275.1.
Document Filing Requirements9 rules
In appeals from administrative bodies, the appellant's attorney shall tender a briefing order to the court
All judgments and orders prepared by attorneys shall be filed with the clerk
All motions to be heard during regular motion hours shall be in writing
Any hearings requiring more than 20 minutes must be scheduled by motion.
Motions to schedule such hearings shall be heard during regular motion hours.
Petitioners seeking to initiate contempt proceedings shall follow the following: Dependent upon the county in which the protective order action is pending, by filing a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Persons (or their attorneys) shall furnish to the court’s staff the attendee’s name and telephone number (if the attendee is to appear telephonically), so the person can be properly identified in the court’s virtual waiting room.
Petitioners seeking to initiate contempt proceedings should contact: Depending upon the county in which the Domestic Violence action is pending, file a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
Filing & Service rules
Electronic Filing Rules
The court encourages and prefers the use of electronic filing.
Utilization of efiling is encouraged and preferred by the court.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
The Circuit Court encourages and prefers electronic filing.
Utilization of efiling is encouraged and preferred by the Circuit Court.
Page 3 | D. Deadlines and Requirements for Filing Motions
Filing Timing and Cure Windows
Motions for regular motion hours must be filed by 4:00 p.m. on the preceding Wednesday.
All motions to be heard during regular motion hours shall be in writing and filed no later than 4:00 p.m. on the Wednesday immediately preceding the Monday on which the motions are to be heard.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
The appellee must file its brief within 30 days after the appellant files its brief.
appellee's brief to be filed within thirty (30) days after the date on which the appellant's brief was filed
Civil cases
Page 2 | Appeals from Administrative Bodies
The appellant must file its reply brief within 15 days after the appellee files its brief.
appellant's reply brief shall be filed within fifteen (15) days after the date on which appellee's brief was filed.
Civil cases
Page 2 | Appeals from Administrative Bodies
A written objection to an attorney-prepared judgment or order must be made within ten days; otherwise, the court shall sign it.
unless written objection is made within ten (10) days, the court shall sign same.
Civil cases
Page 2 | Filing of Judgments and Orders
The briefing order must allow the appellant 30 days to file its brief.
which shall allow appellant to have thirty (30) days to file its brief
Civil cases
Page 2 | Appeals from Administrative Bodies
A person seeking virtual attendance must formally request the court’s express permission at least two business days before the event and show good cause.
The person seeking virtual attendance shall request formally (by email or by telephone to donnagregory@kycourts.net or (270) 338-5930) the court’s express permission not less than two (2) business days prior to the scheduled court event and show good cause for said request.
Civil cases
Page 2 | Virtual Court Appearance
Motions for regular motion hours must be filed by 4:00 p.m. on the Wednesday before the Monday hearing.
All motions to be heard during regular motion hours shall be in writing and filed no later than 4:00 p.m. on the Wednesday immediately preceding the Monday on which the motions are to be heard.
Page 3 | D. Deadlines and Requirements for Filing Motions
The court must review protective-order petitions immediately upon filing; petitioners should not be left waiting for extended periods, and review should occur within an hour of presentation unless no judge or trial commissioner is 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
Service and Proof of Service Rules
To initiate post-judgment proceedings, motions served on parties rather than attorneys must be sent by certified mail, return receipt requested, and the receipt filed, unless the sheriff serves them.
Whenever serving motions upon parties (rather than attorneys) to initiate post-judgment proceedings, the motion, unless served by the sheriff, shall be mailed to the party by certified mail, return receipt requested, and the receipt filed.
Civil cases
Page 2 | Service of Post-judgment Motions
Notice of a post-decree motion must be served directly on the other party by sheriff or certified mail, return receipt requested, and improper service may result in dismissal.
Anyone seeking court relief after the court has entered a decree of dissolution shall serve notice of the post-decree motion directly to the other party via service by sheriff or via certified mail, return receipt requested. The court may dismiss a post-decree motion if the party is not served properly under this rule.
Page 3 | C. Service of Post-decree Motions
If service has not been made by the date of transfer, the initiating court must reissue the summons for up to 14 days or as the court determines necessary to protect the petitioner; subsequent reissuance occurs as needed in the transfer court.
Consistent with FCRPP 12, an emergency protective order shall continue and the summons shall be reissued by the initiating court for a period not to exceed fourteen 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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 7 | I. Uniform Protocol for Processing Cases
Courtesy Copy Requirements
The moving party must send opposing counsel a courtesy copy by regular first-class mail or email, but notice to the attorney does not constitute effective notice of the motion.
The moving party shall also provide a courtesy copy to the opposing party’s attorney via regular first-class mail or electronic mail, however notice to an attorney of a post-decree motion shall be of no effect.
Page 3 | C. Service of Post-decree Motions
Pre-Motion Conference Requirements
Unless another rule provides otherwise, Circuit Court motions are heard Mondays at 8:30 a.m. in McLean and 1:00 p.m. in Muhlenberg.
Except as otherwise indicated in these rules, all motions in actions before the Circuit Court shall be heard each Monday in McLean Circuit Court at 8:30 a.m., and each Monday in Muhlenberg Circuit Court at 1:00 p.m.
Page 2 | Rule 2.02. Circuit Court Motion Hour Schedule and Related Matters
Chambers Communication Rules
Motions may not be placed on the docket by telephone.
No motions shall be placed on the docket by telephone.
Page 3 | D. Deadlines and Requirements for Filing Motions
A person seeking Circuit Court virtual attendance must request express permission at least two business days before the event, show good cause, contact the judge’s legal assistant by phone or email, and provide the required attendee identification; failure to identify the attendee may cause delay, continuance, or sanction.
Persons may be permitted by the Circuit Court to attend certain court sessions remotely by virtual electronic connection. Absent a superseding order by the Supreme Court of Kentucky, virtual attendance may be authorized only under the conditions set out herein. The person seeking virtual attendance shall formally request the court’s express permission not less than two (2) business day prior to the scheduled court event, and show good cause, according to the following procedure: a. Telephone or email the Circuit Judge’s legal assistant, at (270) 338-5930 or donnagregory@kycourts.net, and provide the name of the party requesting virtual attendance; b. The person requesting to attend remotely, or their attorney, must furnish court staff the attendee’s name and ensure, when joining the virtual court session, that the attendee’s identity is shown. If the attendee will not link to the court session by the online platform provided in the link (e.g., calls in by telephone), the telephone number to be used for attendance shall be furnished in the initial call to court staff so the person is properly identified in the court’s virtual waiting room. Failure to provide identification may result in a delay in calling the attendee’s case, a continuance of the court date, or a sanction for failure to appear; c. Good cause shall include extraordinary travel from the venue, medical emergency, conflict in another venue, or other substantial hardship, as determined in the court’s discretion.
Page 3 | E. Virtual Circuit Court Attendance
Motions may not be placed on the docket by telephone.
No motions shall be placed on the docket by telephone.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
Virtual-attendance requests may be made by email or telephone using the contact information provided.
The person seeking virtual attendance shall request formally (by email or by telephone to donnagregory@kycourts.net or (270) 338-5930) the court’s express permission not less than two (2) business days prior to the scheduled court event and show good cause for said request.
Civil cases
Page 2 | Virtual Court Appearance
The appellant’s attorney must notify the clerk by letter to submit the action once all briefs are filed or the filing time has expired.
The appellant's attorney shall by letter notify the clerk to submit the action to the court when all briefs have been filed or the time expired.
Civil cases
Page 2 | Appeals from Administrative Bodies
Petitioners seeking to initiate contempt proceedings should contact: Depending upon the county in which the Domestic Violence action is pending, file a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
Petitioners seeking to initiate contempt proceedings should contact: Depending upon the county in which the Domestic Violence action is pending, file a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
Page 4 | IV. Contempt Proceedings
A person seeking District Court virtual attendance must request express permission at least two business days before the event, show good cause, contact the judicial support specialist by phone or email, and provide the required attendee identification; failure to identify the attendee may cause delay, continuance, or sanction.
The person seeking virtual attendance shall formally request the court’s express permission not less than two (2) business day prior to the scheduled court event, and show good cause, according to the following procedure: 1. Telephone or email the District Judge’s judicial support specialist at (270) 338-0997 or shannonjones@kycourts.net and provide the name of the party requesting virtual attendance; 2. The person requesting to attend remotely, or their attorney, must furnish court staff the attendee’s name and ensure, when joining the virtual court session, that the attendee’s identity is shown. If the attendee will not link to the court session by the online platform provided in the link (e.g., calls in by telephone), the telephone number to be used for attendance shall be furnished in the initial call to court staff so the person is properly identified in the court’s virtual waiting room. Failure to provide identification may result in a delay in calling the attendee’s case, a continuance of the court date, or a sanction for failure to appear;
Page 4 | 2.05. Virtual District Court Attendance