Meade Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file specified subpoena documentation at least two days before moving and be prepared to explain service efforts.
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Chambers
Document Format Requirements3 rules
If the Court or DRC determines an original is needed after a facsimile filing, the original must conform exactly to the facsimile copy.
Court's wording
In the event any party desires to file the original document in addition to the facsimile previously filed to meet the docket deadline, (if the Court or DRC determines the original is needed for purposes of legibility, to prove an original signature or for some other reason), the filed original shall be the document which conforms exactly to the facsimile copy.
A verified motion filed in a dissolution or child custody proceeding must be filed on AOC 275.1 as a Petition.
Court's wording
If a verified motion is filed in the dissolution or child custody proceeding, the motion must be filed on AOC 275.1, as a Petition, pursuant to KRS 403.730(2), and shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
The typed or machine printed legal description of the property to be sold
Document Filing Requirements114 rules
A pleading for a matter to be heard on the Domestic Relations Commissioner’s docket must include the stated notice in its Notice section.
Court's wording
Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of local prevailing time, or as soon thereafter as may be heard
No entry and appearance shall be signed prior to the filing of the petition.
A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.
Any unrepresented party who signs and acknowledges appearance and waiver or agreement shall do so before a notary or deputy circuit clerk.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.
Hearing shall be by motion set for a time and date certain before the Domestic Relations Commissioner, which time and date shall be provided by the Commissioner if not on a regularly scheduled motion day of the Court.
B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.
A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.
All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.
- Document
- Commissioner report or recommendation
Must include
- •Findings of fact and conclusions of law
The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission.
The parties must provide and exchange the listed financial disclosures, statements, supporting documents, and mediator-requested materials with the mediator at least five working days before mediation.
Court's wording
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.
Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).
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.
Case Data Sheet (Form AOC-FC-3) 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 and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other filing
Must include
- •Case number
6.04 NOTICE OF SUBMISSION: In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.
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 of the request.
An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
In IV-D cases, if applicable, counsel must file the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 pursuant to FCRPP 9(2).
Court's wording
C. It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1); and (2) the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases (if applicable) pursuant to FCRPP 9(2).
C. It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1);
When a matter is remanded to the DRC for additional hearings or recommendations, counsel must file a notice and motion to notify the DRC and schedule the hearings, or comply with the Judge's order.
Court's wording
D. In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.
At least 120 days before trial, the Plaintiff must furnish an expert-witness list containing each expert’s contact information, expected opinion, supporting facts, and qualifications.
Court's wording
In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of the opinion which he/she is expected to give, the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.
An Agreed Order which names the "new" counsel and is signed by all parties;
At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.
7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.
When a civil action set for trial settles, the parties must immediately notify the Clerk and presiding Judge through an agreed order remanding the matter and stating the settlement terms.
Court's wording
7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.
An expert-witness list must state the expert's contact information, expected opinion, supporting facts, and qualifications.
Court's wording
The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.
The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.
A continuance motion based on an absent necessary witness must be supported by a subpoena copy or a memorandum identifying the subpoena and its service details, and counsel must be prepared to address efforts to obtain service.
Court's wording
8.07 In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.
- Document
- Motion
Must include
- •Proposed order
Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.
Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.
A motion seeking an additional Guardian ad Litem fee must be accompanied by an affidavit supporting its basis.
Court's wording
Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.
A motion seeking an additional Warning Order or Military Warning Order Attorney fee must be accompanied by an affidavit supporting its basis.
Court's wording
Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.
A mediation agreement must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
A motion seeking judicial sale must include an attorney’s affidavit documenting the required title search and a title opinion meeting the stated requirements; the title opinion must be kept under seal with access limited as stated.
Court's wording
Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency. Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court; AND,
If by Court Order, the order shall specifically indicate the purpose of the reference and the duties to be performed by the Master Commissioner.
A copy of the Lis Pendens filed in the Office of the applicable County Court Clerk with the Clerk's stamp showing the date and
The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid.
Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following:
If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003;
The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).
If any defendant has sought relief in bankruptcy, proof of discharge, dismissal or relief from stay is required to be filed.
A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE).
and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.
The Commissioner shall file his/her report of sale with the Clerk of the Court,
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk
A pleading for a matter on the Domestic Relations Commissioner’s docket must include the specified appearance language in its Notice section.
Court's wording
Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: "Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."
Each initiating pleading must be filed with a cover sheet signed by the Plaintiff or Plaintiff’s counsel that identifies the parties, action, court, jury demand status, each defendant’s name and address, and the type of process needed.
Court's wording
All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed.
(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 final disposition of the charge against him/her is waived.
(3) When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).
(C) The Commonwealth shall make a written recommendation to the Court in response to each application. (KRS 533.250(2)).
The movant must use AOC Form 347 or a court-approved form with the specified title, include or attach the Commonwealth's Attorney's recommendation, obtain the required signatures, and file it with the Circuit Court Clerk.
Court's wording
(5) The movant shall use AOC Form 347 or a form of approved by this Court which shal. be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney. As with all other motions, the same shall be filed with the Circuit Court Clerk.
A diversion order must state the deferred-sentence and diversion durations, applicable restitution, terms and conditions, and required supervision, conduct, and weapon restrictions.
Court's wording
(B) The Order of Divesion shall: (1) Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in rehance upon the deferral agreement. (2) State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution. (3) Require the defendant to pay restitution to the victim (which may be an entity other: than a natural person) in full, if applicable. (4) Set forth the terms and conditions of the diversion. The Court may require supervision by the Corrections Cabinet, Division of Probation and Parole and shall determine the intensity of that supervision. The Court may order supervision fees, in its discretion, but not to exceed the maximum amount permitted by law. (5) Require he defendant to obey all rules and regulations imposed by the Division of Probation and Parole. (б) Require that the defendant commit no other offense. (7) Require hat the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compoun:/ bow).
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
In a dissolution action involving pleadings referring to marital property or debt incurred during the marriage, the initial moving party must prepare and file a VFD in the form set out in DrR Form 1.
Court's wording
In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.
All reports and recommendations in contested matters shall contain findings of fact and conclusions of law.
In actions involving child or spousal support, each party must file specified tax and earnings records with the original or first responsive pleading.
Court's wording
6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/hcr copics of the Federal 1040 Income Tax return, including the schedules thereto appended for the immediate past three (3) years, together. with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior cight (8) weeks; and/or documented cvidence of his/her earnings for the immedine prior three (3) months.
Each party in an action involving child support must file a Child Support Worksheet with a child-support motion or responsive pleading.
Court's wording
6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.
The Commonwealth shall make a written recommendation to the Court in response to each application.
Filing & Service rules
Filing Timing and Cure Windows
Motions for a Motion Day hearing must be filed with the appropriate Clerk by close of business on the fifth preceding business day, except for good cause shown.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than the close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Civil cases
Page 4 | 2.03 MOTION DAY DOCKET DEADLINE
An objection must be filed within ten days after service of the summons, petition, and motion to prevent entry of the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
The motion for oral submission must be submitted immediately upon expiration of any statutory limitation.
If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.
Civil cases
Page 6 | DrR Rule 5.06
The Commissioner must submit the report to the court within ten working days thereafter.
The Commissioner shall submit his/her report to the Court within ten (10) working days thereafter.
Civil cases
Page 6 | DrR Rule 5.06
Counsel who has appeared for a party may withdraw while the matter is pending only on a motion based on good cause filed at least 60 days before trial.
A. Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Civil cases
Page 12 | 6.09 RESPONSIBILITY OF COUNSEL
A judge or trial commissioner must review a petition within one hour of presentation unless unavailable.
Petitions will be reviewed within an hour of presentation to a Judge or Trial Commissioner unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 2 | II. TWENTY-FOUR HOUR ACCESSIBILITY
Unless good cause is shown, a facsimile copy or original of a motion for Motion Day must be filed with the appropriate Clerk by close of business on the fifth business day before Motion Day, solely for docketing purposes.
Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday) This rule is not intended and does not modify the applicable procedural rules regarding Notice; instead, this rule is adopted solely for docketing purposes.
Page 10 | 3.06 MOTION DAY DOCKET DEADLINE
Except for good cause, motions in limine and other motions that must be heard before trial must be noticed for hearing by the final pretrial conference date.
Except for good cause shown, motions in limine and all other motions which are necessary to be heard prior to trial shall be noticed for hearing no later than the final pre-trial conference date.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
The parties must give the Clerk and presiding Judge immediate notice of settlement in a civil action set for trial.
7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.
Page 15 | Procedures in Regular Civil Cases
Except for good cause, motions to be heard on Motion Day must be filed with the appropriate Circuit Clerk by close of business on the fifth business day before that Motion Day; the specified counties have different preceding weekdays.
Except for good cause shown, all Motions to be heard on Motion Day must be filled with the Clerk of the Circuit wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).
Page 17 | Rule 9 - Motion Practice
A Warning Order or Military Warning Order Attorney who does not file an additional-fee motion and supporting affidavit before or at the same time as filing the report is deemed to accept the standard fee.
Failure of the Warning Order/Military Warning Order Attorney to file a Motion and supporting affidavit for additional fee prior to or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A Guardian ad Litem who does not file an additional-fee motion and supporting affidavit before or at the same time as filing the report is deemed to accept the standard fee.
Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
If there are no objections and the motioning attorney notifies the clerk, the report will be submitted to the presiding Judge on the fourteenth day after notice was served.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Page 25 | Judicial Sales
Counsel who has appeared may withdraw from a pending matter only on a motion based on good cause filed at least 60 days before trial.
Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.
Page 26 | Rule 14 - Miscellaneous Provisions
An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 45 days before the scheduled trial.
(A) After indictment ic. circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Common tealth for entry of a pretrial diversion order.
Page 29 | PROCEDURE
For an uncontested matter to be submitted orally to the commissioner, the parties must submit the motion immediately after the applicable statutory limitation expires.
If to be submitted orally before the commissioner in uncontested matters, the parties shall submit a motion to subrit the action before the commissioner immediately upon the expiration of any statutcry limitation.
Page 33 | DrR 3.03
After written depositions are submitted for review and recommendation, the commissioner must submit a report to the Court within seven working days thereafter.
If to be submitted on written depositions, any party may submit for review and recommendation. The commissioner shall submit his/her report to the Court within seven (7) working days thereafter.
Page 33 | DrR 3.03
Unless the Court orders otherwise, the judge must immediately sign the recommended order and the clerk must enter it by the close of the fifth business day after delivery.
Unless otherwise ordered, the recommended order shall be immediately signed by the Judge and entered by the Clerk on or before the close of the fifth business day after it has been so delivered.
Page 34 | DrR 3.05
In pendente lite matters, the DRC’s recommended order and case file must be delivered to the judge within five days of the hearing.
In pendente lite matters, the DRC's recommended order and casc file shall be delivered to the Judge of the Cour within five (5) days of the hearing.
Page 34 | DrR 3.05
In a contested matter, a party’s motion triggers a pretrial conference, and the schedule and method of proof must be completed within 60 days thereafter.
Upon motion of a party, in contested matters, a pre-trial conference shall be held to establish a schedule and method of proof to be completed within sixty (60) days thereafter.
Page 34 | DrR 3.04
The responding party must file the stated disclosure within 30 days of whichever occurs later: service of civil summons or filing of the petitioner’s disclosure.
The responding party, upon whom the initial moving party's pleadings are served, shall be required to file a VFI within thirty (30) days of service of civil summons or filing of the Petitioner's VPD, wiichever is later.
Page 34 | DrR 6.01
The initial moving party must file the VFD within 45 days of filing the pleading that initiates the legal process.
The initial movin? party's VFD shall be required to be filed within forty-five (45) days of filing of the pleading initiating legal process (i.e. Petition for Dissolution, etc.).
Page 34 | DrR 6.01
A motion and notice must be filed with the clerk at least five working days before the hearing for the motion to be assigned to a docket.
The Clerk will not assign any motion to a cocket unless the motion and notice shall have been filed in the clerk's office at least five (5) working days prior to the date set for hearing.
Page 34 | DrR 4.02
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 45 days before the scheduled trial.
After indictment in circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 3 | III. PROCEDURE
A matter may not be docketed within five business days of its scheduled hearing unless the court grants leave; a Thursday hearing requires filing with the clerk the preceding Thursday.
In order to ensure proper notice to all parties, no matter will be docketed, except by leave of court, within 5 business days of the scheduled hearing. For example, a matter to be heard Thursday, it must be filed with the clerk, the preceding Thursday to meet the requirement.
Page 1 | Court Schedule
Motions to be heard in District Court must be filed by the Thursday before the hearing week.
Motions to be heard in District Court must be filed by Thursday the week prior to hearing.
Page 1 | Court Schedule
If there are no objections and the motioning attorney notifies the clerk, the report will be submitted to the presiding judge on the fourteenth day after notice was served.
If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.
At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.
Civil cases
Page 7 | 5.11
For the stated restriction on review of a pendente lite order, civil summons must have been served and written notice of the hearing filed at least five business days before the hearing.
5.10 In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) business days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Civil cases
Page 7 | 5.10
Petitions should be reviewed within an hour of presentation to a Judge or Trial Commissioner, unless their unavailability makes that impossible.
Petitions will be reviewed within an hour of presentation to a Judge or Trial Commissioner unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 15 | II. TWENTY-FOUR HOUR ACCESSIBILITY
If civil summons has been served and written notice of a pendente lite hearing was filed at least five days before the hearing, review of the order is limited to specified showings.
In pendente lite matters. if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.
Page 34 | DrR 3.06
Service and Proof of Service Rules
The respondent must provide the petitioner notice of the motion without assistance from the clerk.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
The clerk must include a copy of the motion with the summons and petition for service.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Civil cases
Page 6 | DrR Rule 5.03 Status Quo Orders
Any supporting affidavit must be served on the adverse party with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Civil cases
Page 6 | DrR Rule 5.05
If the adverse party is not personally before the court, the motion must be served in the manner required for service of a summons.
If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.
Civil cases
Page 6 | DrR Rule 5.05
After a party is before the court, service must comply with the Rules of Civil Procedure.
After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Civil cases
Page 6 | DrR Rule 5.05
A matter stricken from the docket may be restored without notice, but a matter seeking to modify an existing order or condition requires appropriate service and notice to all parties before it is heard.
Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Civil cases
Page 7 | 5.12
The parties must exchange and provide the specified materials to the mediator no less than five working days before the mediation conference.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.
Civil cases
Page 8 | 5.15(B)
The requester must give notice of the motion to all parties, including 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 of the request.
Civil cases
Page 11 | 6.06 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
When a domestic violence case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue the summons for up to fourteen days if service has not occurred by transfer, or for another period the court determines necessary for the petitioner’s protection.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a 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 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.
Civil cases
Page 14 | Appendix A
When a case is transferred to another circuit and the adverse party has not been served, the initiating court must reissue the summons for up to fourteen days or as the court deems necessary to protect the petitioner; later reissuance occurs as needed in the receiving court.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an 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 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 1 | I. UNIFORM PROTOCOL FOR PROCESSING CASES
Withdrawal or substitution of counsel by leave of Court requires a proper motion with notice to all parties.
Leave of Court upon proper motion with notice to all parties.
Page 14 | Rule 7 - Procedures in Regular Civil Cases
In civil matters, the parties must exchange complete witness and exhibit lists at least 90 days before trial.
7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits.
Page 15 | Procedures in Regular Civil Cases
The Defendant must furnish an expert-witness list at least 90 days before trial.
The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date.
Page 15 | Procedures in Regular Civil Cases
The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment, with later discovery provided as permitted by criminal rule.
8.04 The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.
Page 16 | Procedures in Criminal Cases
The Clerk must promptly serve notice of the report's filing on all parties entitled to notice of entry of a final judgment.
who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.
Page 24 | Judicial Sales
The tendered judgment and order of sale must be served on the Master Commissioner when the motion is filed.
A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.
Page 24 | Judicial Sales
A proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.
Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.
Page 25 | Rule 13 - Domestic Relations Proceedings
A copy of the assignment must be tendered to the Master Commissioner.
a copy tendered to the Master Commissioner.
Page 25 | Judicial Sales
The Clerk must notify the requesting party through counsel that service was successful by placing a duplicate return in counsel’s courthouse mailbox or mailing it in a self-addressed, stamped envelope the attorney provided when filing.
The Clerk of the Court shall notify, through Counsel, the party making application for service of process that process has been successfully made by placing a duplicate copy of the return of service in the Courthouse mailbox held for said attorney, or by sending a copy of the return of service to said attorney in a self- addressed, stamped envelope provided by the attorney at the time of filing.
Page 26 | Rule 14 - Miscellaneous Provisions
A motion to vacate and expunge the plea after successful completion of diversion requires notice to the Commonwealth.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | VI. COMPLETION OF DIVERSION PROGRAM
The court may void a defendant’s pretrial diversion participation after an evidentiary hearing with notice to the defendant.
After an evidentiary hearing, with notice to the defendant, the Court may voi: a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress.
Page 32 | V. VOIDING A DIVERSION ORDER
The movant’s affidavit or affidavits supporting a motion must be served on the adverse party with the motion.
Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.
Page 33 | DrR 3.02
After a party is before the Court, service must comply with the Rules of Civil Procedure.
After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.
Page 33 | DrR 3.02
If the adverse party is not personally before the Court, the motion must be served in the manner required for service of a summons.
If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.
Page 33 | DrR 3.02
In permanent-custody actions, each party must provide the other party a list of expected witnesses, excluding the parties and their children, at least 30 days before the hearing.
6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.
Page 35 | DrR 6.04
A motion may not be heard unless the adverse party was served notice of it at least five working days before the hearing, except for emergency ex parte motions.
adverse party has been served with notice of the bringing of the motion at least five (5) No motion, other than emergency ex parte motions, shall be heard by the court unless the working days prior to th:: date set for the hearing.
Page 35 | DrR 7: Notices
The certificate records delivery of a true and correct copy by first-class mail, postage prepaid, to the listed recipient.
I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to:
Page 44 | Addendum B: Domestic Relations Rules
A motion seeking vacatur and expungement after successful completion must be accompanied by notice to the Commonwealth.
with notice to the Commonwealth
Criminal cases
Page 6 | VI. COMPLETION OF DIVERSION PROGRAM
The Court may void a defendant’s participation in diversion after an evidentiary hearing with notice to the defendant and a showing of noncompliance or unsatisfactory progress.
After an evidentiary hearing, with notice to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress.
Criminal cases
Page 6 | V. VOIDING A DIVERSION ORDER
The Court may rescind diversion participation only after a hearing, notice to the Commonwealth and Defendant, and a showing of noncompliance or unsatisfactory progress.
A. After a hearing, with notice to the Commonwealth and to the Defendant, the Court may rescind a person's participation in the Diversion Program upon a showing of failure to comply with the conditions of the Diversion Program or failure to make satistactory progress.
Criminal cases
Page 5 | V. RESCINDING A DIVERSION PROGRAM ORDER
days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.
days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.
Page 25 | Judicial Sales
Any party may serve written objections to the report on the other parties.
any party may serve written objections thereto upon the other parties.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
Filing Fees and Waivers
The $50 reopening fee is not paid for specified Title IV-D child-support motions, but is charged for specified later motions filed by private counsel or a pro se party unless the motion is brought in forma pauperis.
Pursuant to FCRPP 14(1) a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, visitation or shared-parenting time are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Civil cases
Page 10 | 6.01 REOPENING FEE
Commissioner fees are paid through the circuit court clerk and are due on the fifth working day following the hearing's conclusion.
7.02 Pursuant to FCRPP 4(5), the domestic relations commissioner shall receive a fee of $60 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof. commissioner and shall be due on the 5"h working day following the conclusion of Such fees shall be paid through the office of the circuit court clerk to the the hearing.
Civil cases
Page 12 | DrR Rule 7 - COSTS
Fees for hearings lasting more than a quarter hour are due within five working days after the hearing and must be paid by the parties as directed by the Court.
Any fee due for hearings beyond a quarter of an hour will be due 5 working days following any hearing and will be paid by the parties as directed by the Court.
Civil cases
Page 12 | DrR Rule 7 - COSTS
The domestic relations commissioner receives $60 per hour, assessed at $15 for each quarter hour or part thereof.
7.02 Pursuant to FCRPP 4(5), the domestic relations commissioner shall receive a fee of $60 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof.
Civil cases
Page 12 | DrR Rule 7 - COSTS
A $15 fee is due when any motion for hearing is filed and covers the first quarter hour or any portion of the hearing.
A fee of $15 shall be paid upon the filing of any motion for hearing and will cover the first quarter hour or any portion thereof of the hearing on the motion.
Civil cases
Page 12 | DrR Rule 7 - COSTS
The Clerk must collect $15 in each original Domestic Relations action as the fee payable to the Commissioner in uncontested matters.
7.01 Pursuant to FCRPP 4(5), in each original Domestic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the Commissioner in uncontested matters.
Civil cases
Page 12 | DrR Rule 7 - COSTS
For Motion Day hearing fees exceeding $15, the Commissioner must consider both parties’ financial resources and the cause for the motion, send the bill through the party’s attorney, and the fees must be paid to the Circuit Clerk within five days after the hearing.
7.03 In the event the Commissioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the cause for the motion. The bill shall be sent in care of the party's attorney. The fees shall be paid to the Clerk of the Circuit in which the action is pending within five days of the hearing pursuant to FCRPP
Civil cases
Page 13 | 7.03
The $15 fee must accompany the motion, outstanding hearing balances must be paid before additional motions are docketed, and timely notice of remand before the hearing qualifies for a refund, subject to the stated exceptions.
not accompanied by the $15 fee will not be docketed; and, when there is an outstanding balance for hearings held, additional motions will not be docketed until the balance is paid in full. In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IV-D child support matters or parties proceeding in forma pauperis.
Civil cases
Page 13
A party requesting appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $125 advance fee with the Clerk when making the request, except if permitted to proceed in forma pauperis; the fee includes anticipated postage.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of ONE HUNDRED TWENTY FIVE ($125.00) DOLLARS as an advanced Warning Order/Military Warning Order fee. Said fee shall include the cost of postage anticipated to be incurred by the Warning Order/Military Warning Order Attorney.
Page 2 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian Ad Litem
A party seeking appointment of a Guardian ad Litem must deposit a $250 advance fee with the Clerk when requesting the appointment, unless permitted to proceed in forma pauperis.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Guardian ad Litem shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of two hundred and fifty ($250.00) dollars as an advance Guardian ad Litem tee.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must deposit a $100 advance fee with the Clerk when requesting the appointment, unless permitted to proceed in forma pauperis.
Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney or Military Warning Order Attorney shall deposit with the Clerk of the Court, at the time the request for same is made, the sum of one hundred ($100.00) dollars as an advanced Warning Order/Military Warning Order Attorney fee.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
A party designated by the Commissioner, except one permitted to proceed in forma pauperis, must pay the anticipated hourly fee to the Clerk at least five days before the hearing; the fee may later be awarded for or against a party, and nonpayment may result in cancellation without notice.
any partyies) as designated by the Domestic Relations Commissioner (except one permitted to proceed in forma pauperis) shall be required to pay to the Circuit Court Clerk at least five (5) days in advance of the Domestic Relations Commissioner's hearing the anticipated Domestic Relations Commissioner's regular hourly fee for the anticipated time allocated as set forth in the Domestic Relations Commissioner's Order setting the hearing. The Court may subsequently order and award the advanced Domestic Relations Commissioner's fees for or against party(ies) in conformity with the law. If not paid as set forth above, the Domestic Relations Commissioner may cancel the hearing without notice.
Page 26 | Rule 13 - Domestic Relations Proceedings
The initial Domestic Relations Commissioner’s fee is paid upon filing in the Circuit Court Clerk’s office.
In addition to the initial Domestic Relations Commissioner's fee paid upon filing in the Circuit Court Clerk's office
Page 26 | Rule 13 - Domestic Relations Proceedings
Payment of any appropriate fee or charge is required for vacating and expunging the plea after successful completion of diversion, except for good cause shown.
If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.
Page 32 | VI. COMPLETION OF DIVERSION PROGRAM
The clerk must collect a $15 commissioner cost in each original Domestic Relations action, payable to the commissioner in uncontested matters.
9.01 In each original Domcstic Relations action filed with the Clerk of the Court, the Clerk shall collect the sum of $15.00 as cost collected for Domestic Relations Commissioner, being the fee payable to the commissioner in uncontested matters.
Page 35 | DrR 9.01
When the commissioner bills more than $15 for a Motion Day hearing, the commissioner must consider both parties' financial resources and the cause of the motion, and the billed fees must be paid to the circuit clerk within ten days after the hearing.
9.03 In the event the Commis: ioner bills parties more than the $15.00 fee for a Motion Day hearing, the Domestic Relations Commissioner shall consider the financial resources of both parties and the caus: for the motion. The bill shall be sent in care of the party's attorney. The fees shall he paid to the Clerk of the Circuit in which the action is pending within ten days of the hearing.
Page 36 | DrR 9.03
For each regular Motion Day hearing after the initial hearing, the moving party must pay $15 in advance; the fee is refundable if the motion is remanded before the hearing and notice is timely given under the applicable county deadline, and the stated fee exceptions apply.
9.02 For each hearing after the initial hearing scheduled on a regular Motion Day, the motioning party shall pa;' in advance the sum of $15.00 with the Clerk of the Court as costs collected for Domestic Relations Commissioner. The fee shall be payable to the Commissioner pursuant :0 DrR 9.04. In the event the motionir g party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must before Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day. This payment of fees does not apply to the County Attorney's Office in IVD child support matters or partie: proceeding in forma pauperis. This rules does not prech de the Domestic Relations Commissioner from billing either party additional fees if appropriate.
Page 36 | DrR 9.02
Any appropriate fee or charge must be paid for vacatur and expungement unless good cause is shown.
upon payment of any appropriate fee or charge, except for good cause shown
Criminal cases
Page 6 | VI. COMPLETION OF DIVERSION PROGRAM
For extraordinary postage or public advertisement costs exceeding $25, the attorney may file notice and an application for additional costs.
In the event of extraordinary postage expense or public advertisement costs in excess of $25.00, the Warning Order/Military Warning Order Attorney may file notice and application for additional costs.
Page 2 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian Ad Litem
The Clerk pays the deposited fee to the Warning Order or Military Warning Order Attorney when the presiding judge enters an order acknowledging the qualifying report, unless an additional-fee motion accompanied by a supporting affidavit is filed.
Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
The Clerk pays the deposited fee to the Guardian ad Litem upon final judgment or another order acknowledging completion of the appointment, unless an additional-fee motion accompanied by a supporting affidavit is filed.
Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.
Page 18 | Rule 10 - Warning Order Attorney, Military Warning Order Attorney and Guardian ad Litem
Fines, costs, and bonds may be paid with cash, cashier’s check, money order, or online through ePay; bond payments must be made in cash.
Payment options: Fines, costs and bonds can be payed with cash, cashier check's or money order. Cash required for bond. Pay online with ePay.
Page 1 | Relative Content
Sealing & Redaction Procedures
Except as provided in paragraph B, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope when covered filings contain personal identifiers.
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.
Civil cases
Page 10 | 6.03 PROTECTION OF PERSONAL IDENTIFIERS
The Clerk must keep the Title Opinion under seal, with inspection limited to the Court, the Master Commissioner, the parties or their counsel, or as ordered by the Court.
Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court;
Page 22 | 12.03(A)
Diversion Program records and specified statements are confidential and generally privileged, inadmissible, undiscoverable, and exempt from subpoena; release is restricted, subject to stated exceptions.
All records of the Diversion Program, and all statements made by the accused to the pretrial officer regarding the offense for which the accused was placed on diversion shall be privileged, shall not be admissible or discoverable for any purpose, shall be exempt from subpoena, and shall be deemed confidential except for the program staff, the Trial Judge, and the chief district judge, for purposes of program review, monitoring and supervision, and shall not be released to any other person or entity without prior written consent of the chief district judge and the accused. However, nothing in this paragraph shall be deemed to prohibit release of information to the victim of a crime regarding an accused's participation in the Diversion Program.
Criminal cases
Page 3 | III. APPROVAL FOR PARTICIPATION
Adjournment & Extension Requirements
A party seeking a trial continuance because a necessary witness is absent must, absent good cause, file specified subpoena documentation at least two days before moving and be prepared to explain service efforts.
8.07 In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
Page 16 | Procedures in Criminal Cases
Chambers Communication Rules
The parties must contact the court's secretary concerning pending hearings on resolved issues.
The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Civil cases
Page 9 | H. COMPLETION OF MEDIATION
To obtain a fee refund after remanding a motion before the hearing, the motioning party must notify the clerk and Domestic Relations Commissioner by the county-specific deadline.
In the event the motioning party remands the motion prior to the hearing by notification to the clerk and the Domestic Relations Commissioner, the fee shall be refunded. For Grayson County, the notification must be made by Noon on the Friday before the motion day. For Breckinridge County, the notification must be made by Noon on Monday before the motion day. For Meade County, the notification must be made by Noon on Tuesday before the motion day.
Civil cases
Page 13
When an action set for trial settles, the parties must immediately notify the Clerk of the Court and the presiding Judge.
Upon the settlement of any action set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge of the fact of settlement.
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
If the parties cannot agree on a mediator or mediation service, they must notify the Court so it can select one.
If the parties cannot agree, they shall notify the Court, which will select a mediator or a mediation service.
Page 20 | Rule 11 - Mediation
Before recommending diversion, the Commonwealth must request a criminal record check from the AOC Pretrial Service Division by telephone or fax, not from the local Pretrial Services Officer.
Have a criminal record check made by telephoning the Administrative Office of the Courts, Pretrial Service Division, at 1-800-928-6381, or faxing the request to (502) 573-1669 . The request shall not'be sent to the local Pretrial Services Officer
Criminal cases
Page 3 | III. PROCEDURE
The motioning attorney must notify the clerk for the report to be submitted on the stated schedule.
if the motioning attorney notifies the clerk.
Civil cases
Page 5 | DrR Rule 2.06 Non-Motion Day Hearing
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or County Attorney.
B. Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Page 3 | MI. CONTEMPT PROCEEDINGS
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk or the County Attorney.
Petitioners seeking to initiate contempt proceedings should contact: Circuit Court Clerk or the County Attorney.
Civil cases
Page 16 | III. CONTEMPT PROCEEDINGS
Trial-date scheduling may be arranged by telephone if all parties are represented in the conference when the date is selected.
Scheduling of trial dates may be arranged telephonically so long as all parties are represented in the conference at the time the date is selected.
Page 13 | Rule 6 - Schedule of Trials (Jury or Bench)
To access case records, call or visit the Circuit Court Clerk’s office.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records