Menifee County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • Upon Filing
Page & Word Limits1 rule
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
- Notice of service
- Up to 1 page
Document Format Requirements4 rules
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
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 motions must be in writing
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).
- Petition
Formatting
- •Petitions must be filed on the appropriate AOC forms
Document Filing Requirements43 rules
A transfer order must be signed by both the transferring and accepting judges and filed in the case record.
Court's wording
To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.
A copy of the receipt assigning each case to a division shall be filed in the case file.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
- Document
- Motion
Must include
- •Certificate of service
No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.
All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.
Counsel shall tender a proposed order with each motion when they appear on motion day.
- Document
- Motion
Must include
- •Proposed order
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
The Motion must state that the Respondent has ten days to file an objection to entry of said Petition.
Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.
A foreclosure complaint must show the plaintiff's status as note and mortgage holder and include the specified note, mortgage, affidavit, assignment, or successor-in-interest documentation applicable to the plaintiff.
Court's wording
Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;
MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.
A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment and have
A proposed order shall be tendered with the response.
- Document
- Response
Must include
- •Proposed order
A judgment in a foreclosure involving a mobile home with wheels and axles still attached and a recorded lien must include the mobile home's VIN.
Court's wording
In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.
A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is pending.
Originals of depositions shall be filed in the Court record pursuant to CR 30.06.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The reviewing judge must identify in the petition’s “Court Action” section which type of protective-order action is being brought.
Court's wording
B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an Interpersonal Protective Order action under KRS Chapter 456.
The judge reviewing a petition for an order of protection shall indicate in the ¿Court Actioni section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an Interpersonal Protective Order action under KRS Chapter 456.
Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying its conditions and services, and the contract begins upon trial-judge approval.
Court's wording
Upon referral to the Program, the defendant shall meet with a pretrial officer to referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by the trial judge.
An approved participant must sign a speedy-trial waiver statement and must have the opportunity to consult an attorney beforehand if desired.
Court's wording
Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
After the diversion contract is completed, the pretrial officer must submit the contract and a report for trial-judge approval; the report must include the listed background and eligibility information.
Court's wording
Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed with prejudice". The administrative record shall retained for conformity with the Kentucky Court of Justice Records Retention Schedule.
If the program participant fails to comply with the condition of the contract, the pretnal officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.
Motions must be filed one week before motion day and include defendant and judge on certificate of service.
- Document
- Motion
Must include
- •Certificate of service
If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing.
Each petition must include the factual allegations supporting jurisdiction and full information about the child's parents and their addresses.
Court's wording
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.
CHFS must provide the Court and attorneys of record the information required by FCRPP 28 and file and provide any dispositional report using form DNA-12.
Court's wording
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
In applying for pretrial diversic . ::, 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 recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence to impose if the agreement is unsuccessful.
Court's wording
3 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 . KRS 533 .252(3)
The diversion order must address restitution if applicable, supervision and any fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. 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 of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies
Uncontested divorces may be submitted to the Court, with appropriate documentation as required by FCRPP 3(1) unless otherwise waived by the Court, without being noticed for a date certain.
If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.
Interrogatories, production or inspection requests, admission requests, and their answers must not be filed with the Court.
Court's wording
Interrogatories propounded under CR 33 and answers thereto, requests for productions or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 and answers thereto shall not be filed with the Court.
scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the
A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.
Further discovery may be requested, in writing, as necessary.
The Order of Diversion may include: l. That the petitioner remain drug and alchol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon .
Filing & Service rules
Filing Timing and Cure Windows
Motions must be filed by close of business at least one week before the hearing; the Court may approve a later filing, and untimely motions are to be returned to counsel.
All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.
Page 5 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Within 60 days of appointment, a Guardian ad Litem must file an answer or a report explaining that no defense can be presented after careful examination.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense. The failure of the Guardian ad Litem or Warning Order Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
If no objection is filed within ten days after service of the Summons, Petition, and Order, the Court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Order, the Status Quo Order will be entered by the Court.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
A response is due within 20 days of the motion's certification date, but the parties may extend the time by agreement with Court approval.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
A counter-statement under CR 72.12 is due within 30 days after the statement of appeal is timely filed.
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
The written trial-readiness advice and probable trial length are due on or before the report date.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
Page 10 | R21C-800. CRIMINAL CASES
The statement of appeal must be filed within 30 days after the first notice of appeal is filed.
If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06, within 30 days from the date of filing the first notice of appeal as provided by Cr 72.08, and no motion for extension of time is filed as provided by CR 74, the Clerk shall dismissal and remand shall be entered.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
The court shall review a petition for a protective order immediately upon its filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 13 | Uniform Protocol for Handling Cases
After regular business hours, authorized agencies must present petitions to a judge or trial commissioner within one hour, unless none is available.
D. Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
During regular business hours, clerks must present petitions to a judge or trial commissioner within one hour, unless none is available.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
During business hours, clerks must present petitions to a judge or trial commissioner within one hour, unless none is available.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
After business hours, authorized agencies must present petitions to a judge or trial commissioner within one hour, unless none is available.
Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
Motions must be filed one week before motion day.
Motions must be filed one week before motion day and include defendant and judge on certificate of service.
Page 1 | Circuit Court Motion Days
Motions served in person must be filed at least 48 hours before the hearing, excluding weekends and holidays.
filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
If copies are served by mail, the motion must be filed at least five days before the scheduled hearing.
If copies to opposing counsel and the Court are served by mail, said motion must be filed no later than five (5) days prior to the date of the scheduled hearing.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Emergency Protective Orders must be filed at the relevant Circuit Clerk's Office on the next available business date, no later than noon.
Any and all Emergency Protective Orders shall be filed immediately at the relevant Circuit Clerk's Office on the next available date when this office is open for business no later than noon on that date.
Civil cases
Page 5 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
Any dispositional report must be filed and provided to the Court and attorneys of record at least three days before the disposition hearing.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
During regular business hours, clerks must present a received petition to a judge or trial commissioner within one hour, unless none is available.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21s Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 11 | C
After regular business hours, authorized agencies must present a received petition to a judge or trial commissioner within one hour, unless none is available.
D. Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 12 | D
An eligible person may apply for a pretrial diversion order within 14 days of final sentencing after entering a guilty plea.
Alternatively, after a guilty plea has been entered any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order within 14 days of final sentencing
Criminal cases
Page 2 | Procedure
After indictment in circuit court, and no later than 14 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
After indictment in circuit court, and no later than 14 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 | Procedure
Agreed orders, judgments, and in forma pauperis motions may be submitted at any time and should not be noticed on the motion docket.
Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be noticed on the motion docket.
Page 8 | R21C-700. AGREED ORDERS
Uncontested divorces may be submitted without notice for a date certain, but the matter must be noticed for a date certain if a party fails to respond and refuses to waive notice of the final hearing.
Uncontested divorces may be submitted to the Court, with appropriate documentation as required by FCRPP 3(1) unless otherwise waived by the Court, without being noticed for a date certain. However, if a party to a divorce action fails to respond and refuses to sign a waiver of notice of final hearing, the matter shall be noticed for a date certain.
Page 8 | R21C-700. AGREED ORDERS
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 13 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 13 | Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation unless no judge or trial commissioner is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
A request for entry of a Status Quo Order may be filed with the Petition.
Therefore, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
Service and Proof of Service Rules
All motions must be served on the appropriate Circuit Judge at the judge’s office, and that service must be stated in the certificate of service.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
Page 4 | R21C-205. NOTICES, MOTIONS AND ORDERS
A Guardian ad Litem appointed for the listed respondents must notify the respondent of the appointment and proceeding, and must explain the right to genetic testing in paternity cases.
Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding, and, in paternity cases, inform the respondent of the right to have genetic testing conducted.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
A respondent seeking a Status Quo Order by motion must give notice to the petitioner without the clerk's assistance.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
The clerk must include a copy of the Status Quo Order motion for service with the Summons and Petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
After-hours emergency or temporary protective orders in Rowan County must be delivered immediately to Morehead City Police once executed and signed by the judge.
3. ROWAN COUNTY- Any Ex parte Emergency Protective Orders and/or Temporary Interpersonal Protective Orders that take place after hours shall be executed in Rowan County at the Rowan County Domestic Violence Shelter and shall be immediately delivered to the Morehead City Police from the Domestic Violence Shelter once executed and signed by the Judge.
Page 3 | II. Twenty-four Hour Accessibility
All parties will receive notice of the hearing as stated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases, D.2
All parties must receive notice of the hearing as stated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases, D.1
All relevant parties must receive notice of the proceedings and details about the reason for the motion.
All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.
Civil cases
Page 5 | 401. Motions for Paternity, Child Support, Custody or Default Judgments
A copy of the petition must be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions.
A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions
Civil cases
Page 6 | 501. PETITIONS
After the hearing, CHFS must continue diligently trying to locate and notify anyone who was not served.
The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure and file a motion to withdraw under FCRPP 26.
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
When a domestic violence case is transferred due to a pending dissolution or custody matter, the initiating Court must reissue the summons if service has not been made, for up to 14 days or as the Court determines necessary for the petitioner’s protection; subsequent reissuance occurs as needed by the appropriate court.
Consistent with FCRPP 12, when a case is 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 to not exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner. Thereafter, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.
Civil cases
Page 10 | I. UNIFORM PROTOCOL FOR PROCESSING CASES
After-hours emergency protective orders in Rowan County must be executed at the Domestic Violence Shelter and immediately faxed to the Morehead City Police once signed by the judge.
3. ROWAN COUNTY - Any Ex parte Emergency Protective Orders that take place after hours shall be executed in Rowan County at the Rowan County Domestic Violence Shelter and shall be immediately faxed to the Morehead City Police from the Domestic Violence Shelter once executed and signed by the Judge.
Civil cases
Page 11 | B.3. ROWAN COUNTY
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | III. Assignment of Cases
All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | III. Assignment of Cases
The Judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes that CHFS diligently attempted to serve all other parties.
The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
Civil cases
Page 9 | 601. STATUS OFFENSES
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | E.1. DISTRICT COURT — BATH COUNTY
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | E.4. DISTRICT COURT — MENIFEE COUNTY
Filing Fees and Waivers
A movant must pay a $50 fee to reopen a paternity case more than six months after judgment to modify support, custody, or visitation, unless the qualifying case or movant proceeds in forma pauperis.
Pursuant to FCRPP 14(1), a $50.00 fee shall be paid by the movant in paternity cases reopened after six (6) months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not apply to cases or movants proceeding in forma pauperis who qualify.
Civil cases
Page 5 | 402. FILING FEES
Program participation requires a fee set by the Administrative Office of the Courts, which may be adjusted based on ability to pay or waived for indigence.
The fee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The pretrial officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | II. PARTICIPATION
Payments cannot be made over the phone.
We do not accept payment over the phone.
Page 1 | Payment options
Restitution must be paid in cash or by money order.
Restitution must be paid with cash or money order.
Page 1 | Payment options
Photo ID is required to post or pick up a bond.
Photo ID required to post or pick up bond.
Page 1 | Payment options
Bond must be paid in cash.
Cash required for bond.
Page 1 | Payment options
A restitution money order should be payable to the Menifee Office of Circuit Court Clerk and designated for the victim.
The money order should be made payable to the Menifee Office of Circuit Court Clerk, with the payment designated for the victim.
Page 1 | Payment options
Credit and debit card payments require the cardholder's driver's license number.
For credit and debit - Cardholder's driver's license number required.
Page 1 | Payment options
Check payments require a physical address, mailing address, phone number, and driver's license number.
For check - physical and mailing address, phone number and driver's license number required.
Page 1 | Payment options
Mailed payments for prepayable offenses may be made by cashier's check or money order.
Cashier's check or money order accepted for mailed payment on prepayable offenses.
Page 1 | Payment options
In-person payments may be made by cash, local personal check, or credit or debit card; a fee applies to card payments.
Cash, local personal check, credit and debit cards (fee applies) accepted in person.
Page 1 | Payment options
Cash, checks, and money orders are listed as payment options.
Payment options: Cash, check, money order.
Page 1 | Payment options
Payments may be made online through ePay.
Pay online with ePay.
Page 1 | Payment options
Courtesy Copy Requirements
When filing the original written motion with the Clerk's Office, counsel must provide one copy to the Court by mail, email, or hand delivery.
Counsel shall mail, e-mail or hand-deliver a copy of each written motion to the Court when the original is filed with the Clerk's Office.
Civil cases
Page 5 | 204. COPIES OF JUVENILE MOTIONS TO COURT
A copy of every filed motion must be served or mailed to the Court.
Copies of all motions filed shall be served or mailed to the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Sealing & Redaction Procedures
When personal identifiers are required or appear in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to the listed authorized persons.
However, except as set forth in paragraph B below, where personal identifiers are required above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the which any personal data has been redacted and filing an unredacted copy in a marked and to the case, an attorney of record in the case, a judge of the court or other authorized court pleading, document, or exhibit containing personal identifiers to be accessed only by a party Services involved in child support matters attendant to the case, or a person authorized to personnel, a duly authorized employee or agent of the Cabinet for Health and Family means a Social Security number or tax-payer identification number, date of birth, or view the copy by specific orders of the court.
Page 6 | R21C-515. PROTECTION OF PERSONAL IDENTIFIERS IN DOMESTIC RELATIONS CASES
Program records and contract-related statements are confidential and protected from use or disclosure, subject to access for program oversight and release to a victim or with prior written consent.
All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
Criminal cases
Page 3 | II. PARTICIPATION
Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the listed statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 6 | R21C-515. PROTECTION OF PERSONAL IDENTIFIERS IN DOMESTIC RELATIONS CASES
Adjournment & Extension Requirements
A motion for continuance must be made and heard before the designated report date, except for good cause shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 10 | R21C-800. CRIMINAL CASES
After the report date, a case may not be continued except for good cause.
After the report date, the Court will not accept or consider a plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 10 | R21C-800. CRIMINAL CASES
Chambers Communication Rules
After hours, on weekends, and on holidays, CHFS, the County Attorney or Assistant County Attorney, or law enforcement, as applicable, must contact the on-call judge or trial commissioner about issuing an ECO.
After working hours Monday through Friday and on weekends and holidays, the on-call District Court Judge or trial commissioner shall be contacted by CHFS, the County Attorney/Assistant County Attorney or law enforcement, as applicable, for consideration on the issuance of an ECO.
Civil cases
Page 7
Special permission from the Judge’s staff is required to place a contempt matter on the docket in another county in the 21st Judicial Circuit.
Special permission from the Judge's staff must be obtained to place said matter on the docket in another county in the 21st Judicial Circuit.
Page 10 | R21C-745. PROCEDURE ON RULES FOR CONTEMPT
To access case records, requesters may call or visit the Office of Circuit Court Clerk.
The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county. Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
The holiday schedule may be requested from the Clerk's Office.
A list of such holidays will be available in the Clerk's Office upon request.
Civil cases
Page 2 | 104. HOLIDAY SCHEDULE
Counsel may set motions on the regular hearing docket or, for lengthy motions, schedule them with the Court.
Counsel may set motions to be heard on the regular hearing docket of their respective Court or in the case of lengthy motions, scheduling same with the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS