Mercer County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements1 rule
Proposed orders or judgments submitted when directed by the Court must be in Word or a compatible document format.
Formatting
- •Word (or compatible) document format
Court's wording
5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration. All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk. Counsel shall transmit a courtesy copy to opposing counsel.
Document Filing Requirements50 rules
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
The diversion order must include the applicable restitution, supervision, duration, compliance, testing, and other conditions listed in the order.
Court's wording
The Order of Diversion shall include.- 1. Restitution, if applicable . [Made mandatory by KRS 533.254 where victim has suffered monetary damage] . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 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 . 6. That the petitioner remain drug and alcohol free and be subject to random testing . 7 That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility .
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).
Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner .
Duration of the diversion agreement shall not be less than the time required to make restitution in full .
If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a 'Have Seen' basis before it is submitted to the Court for entry. The Court may not require a 'Have Seen' if the other party is pro se.
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
The Court requires that only one order be tendered for the Court's signature.
The court shall enter an order dismissing without prejudice each case in which no answer or an insufficient answer to the notice is made.
Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.
- Document
- Motion
Include
- •Proposed order
Pursuant to FCRPP 33(1), the Court may not proceed with a Final Hearing until such time as the Cabinet has filed their required reports) or had sufficient time and failed to file same.
The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her report.
If counsel needs access to records of other confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents.
Counsel may circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date for the Court's review. Said order must contain a statement setting forth how the best interests of the child or children is served by the continuance.
A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.
Any dependency, neglect, abuse or status offender petition filed with this Court shall substantially comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.
The District Clerk shall then fax the Petition and Affidavit to the Cabinet for Health and Family Services (CHFS) as a referral for immediate investigation.
If a social worker employed by CHFS is seeking an ECO, the social worker will provide copies to the Court.
During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ЕСО affidavit.
At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12.
When parent education is ordered, at least one party must complete the class and file proof before the Court may enter a final custody order or dissolution decree, and noncompletion may result in sanctions.
Court's wording
If parent education is ordered in a case, the Court may not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record. Failure to complete the class may result in sanctions which include a party's custodial rights being unenforceable by contempt until such time as the party completes the class and files proof of same into the record.
Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.
If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.
If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties' Decree of Dissolution of Marriage.
Parties in divorce litigation must file disclosure statements unless they waive disclosure through an Agreed Order signed by all parties and counsel or a waiver provision in a Settlement Agreement; absent such writing, disclosures are expected.
Court's wording
FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements. In lieu of filing said disclosures, parties may waive said disclosure requirements. Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement. If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties' Decree of Dissolution of Marriage. Absent such writing; the Court expects the parties to file any and all disclosures as provided by the FCRPP.
5.2 In civil actions, proposed orders shall be tendered with each motion.
- Document
- Motion
Must include
- •Proposed order
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
4.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
- Document
- Entry of appearance
Must include
- •Written entry of appearance
For a jury trial, the Pretrial Compliance Statement must contain the listed information and materials.
Court's wording
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following: 1. A statement of the kind of action and a report on the status of mediation efforts; 2. Stipulations; 3. A statement of disputed issues with citation of authorities; 4. A confirmation that discovery is completed, or if not completed, the probable completion date; 5. A list of expected witnesses and brief summary of their testimony; 6. A separate list of expert witnesses and brief summary of their testimony; 7. A list of marked exhibits; 8. A list of all special damages and supporting documents; and 9. Proposed Jury Instructions.
12.1 Proposed Judgments for Orders of Sale shall be prepared by the party requesting same and in accordance with the provisions of applicable law and these Local Rules.
Judgments for Orders of Sale must include the prescribed sale, party, cost, tax, sale-date, and purchaser-payment provisions.
Court's wording
12.4 Notwithstanding the provisions of all other applicable law, Judgments for Orders of Sale shall contain the following: A. Requirements for sale in accordance with KRS Chapters 424 and 426, et. seq. B. Styled with the names of all parties. C. A specific designation of all costs, liens, taxes or encumbrances to be paid. D. That the date and time of sale shall be determined by the Master Commissioner. E. That Purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and subsequent years. That at the time of the sale, the successful bidder shall either pay cash or make a deposit of at least 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with a sufficient surety approved by the Master Commissioner prior to the sale for the unpaid balance of the purchase price. The bond shall bear interest at the rate the Judgment bears from the date of the sale until
12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.
Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.
As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.
Notice of the hearing shall include the date and time for which the motion is set.
Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.
Parties or their counsel may then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place at which the mediation shall occur.
A pretrial memorandum should include the listed factual and legal information, requested relief, witness and exhibit information, and mediation status if applicable.
Court's wording
A pretrial memorandum should include: a summary of the general facts; statement of any stipulated facts; a listing of all issues of fact and law for adjudication; a concise statement of each general issue in dispute; argument with ample supportive citations of authority pertinent to each issue of fact and law; conclusion setting forth the specific relief sought from the Court; an undated witness list, trial exhibits, etc, and a statement of the status of mediation (if applicable).
Pursuant to FCRPP 3(1), parties may submit a decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.
Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement.
Parties should file a Motion to Submit to inform the Court that all paperwork is filed and the case is ready for a Decree of Dissolution of Marriage.
Court's wording
In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.
4.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, and e-mail address.
5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
5.1 All orders and judgements of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.
Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
At the conclusion of a hearing, the Court may Order that counsel for a party prepare the Order that reflects the Court's rulings.
In lieu of appearance, a party or counsel may file a Notice of Filing indicating that said party or counsel desires to keep the matter on the Court's active docket.
If parties resolve a contested issue, they may submit an Agreed Order to the Court prior to their Hearing for the Court's review and approval.
The Court may use the standard Status Quo Order form (AOC Form 237) if the Court finds it appropriate to enter a Status Quo Order in a dissolution case.
For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
Filing & Service rules
Electronic Filing Rules
Parties may file motions under the e-filing system, and motions filed in compliance with its protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
When the Court directs parties in matters taken under advisement to submit proposed orders or judgments, they must email them to the Court in Word or compatible format, submit a hard copy to the Clerk, and transmit a courtesy copy to opposing counsel.
5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration. All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk. Counsel shall transmit a courtesy copy to opposing counsel.
Page 4 | Rule 5 Entry of Orders and Judgements
Unless the Court directs otherwise, parties must not file discovery requests or responses in the record when exchanging them.
3.3 Unless directed by the Court, the parties shall not file discovery requests or discovery responses in the record when exchanging the same.
Page 4 | Rule 3 Civil Discovery
Once the Court can sign orders electronically, it may direct parties to submit proposed orders electronically.
At such time that the Court becomes able to sign orders electronically, the Court may direct parties to submit proposed orders in that fashion.
Page 4 | Rule 5 Entry of Orders and Judgements
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.
After indictment in circuit court, and no later than 30 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | Procedure
The movant must file a motion by close of business on the fifth business day after obtaining its hearing date, or the Clerk will remove it from the docket.
After securing a motion date, the movant must file the motion with the Clerk's Office by the close of business on the fifth business day after obtaining the date. The Clerk shall remove from the docket any motion not timely filed.
Page 5 | 2.03 - General Motion Practice
After opposing counsel has not responded for at least seven business days, the drafting attorney may submit the order to the Court with a verification of the tender and lack of response.
If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.
Page 7 | 2.09 - Orders
If the attorneys disagree about an order's drafting, the responsive party or attorney may move for clarification or further orders within seven business days after receiving it.
If attorneys disagree on how an Order should be drafted, the responsive party/attorney may file a motion requesting clarification or further Orders from the Court within seven (7) business days of receipt of the Order.
Page 7 | 2.09 - Orders
A DCBS Prevention or Safety Plan must be placed in the Court record within 72 hours of execution or before the next scheduled hearing, whichever is earlier.
Pursuant to FCRPP 29, any DCBS Prevention or Safety Plan shall be placed in the Court record within 72 hours of execution or before the next scheduled court hearing, whichever is earlier.
Page 10 | 6.04 - Prevention Plans
Reports in dependency, neglect, and abuse cases must be forwarded to the Court no later than 72 hours before the hearing.
Pursuant to FCRPP 28, the Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 hours prior to the Hearing
Page 10 | 6.02 - Court Reports
A written objection to parent education class must be filed before the scheduled hearing.
If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.
Page 12 | 7.01 - Parent Education Classes
Motions to be heard at a Case Management Conference must be filed at least four days before the conference.
Parties are free to file motions to be heard at the Case Management Conference. Motions must be filed at least four (4) days prior to the Conference.
Page 13 | 7.04 - Case Management Conferences
A petition must be reviewed within one hour of presentation unless a judge or trial commissioner is unavailable and review is 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.
Page 16 | Twenty-four Hour Accessibility
Each party must file pertinent motions, stipulations, and agreements at least four days before the Case Management Conference.
That each party shall file any pertinent motions, stipulations and/or agreements reached at least four (4) days prior to the Case Management Conference.
Page 19
Except for motions permitted to be filed ex parte, motions must be filed with the appropriate County Clerk by the Clerk’s closing time one week before the Rule Day on which they will be heard.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Emailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
If opposing counsel finds an order or judgment unsatisfactory, counsel must immediately notify the Court of objections and present an alternative version.
5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Page 4 | Rule 5 Entry of Orders and Judgements
Motions may not be filed on the morning of trial without leave of Court, which may not be unreasonably withheld when good cause is shown.
No motions shall be filed on the morning of trial without leave of the Court, which shall not be unreasonably withheld for good cause shown.
Page 5 | Rule 7 Jury Trials
The Pretrial Compliance Statement must be furnished at least one week before trial.
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:
Page 5 | Rule 8 Assignment of Trials - Civil Matters
The judgment must be submitted to the Master Commissioner for review at least five days before the hearing.
12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.
Page 7 | Rule 12 Master Commissioner Sales
For an order or judgment requiring appraisal, advertisement, or sale, the submitting party must deposit $2,500 with the Master Commissioner no later than ten days after entry.
When any order/judgment is submitted to the Master Commissioner requiring appraisal, advertisement, or sale, the party submitting the order shall deposit the amount of Two Thousand, Five Hundred Dollars ($2,500.00), with the Master Commissioner, no later than 10 days following entry of the order/judgment.
Page 7 | Rule 12 Master Commissioner Sales
Parties seeking to appear remotely must obtain court leave at least three working days before the hearing, and leave shall not be unreasonably withheld.
Parties wishing to appear remotely for any civil or criminal matter shall obtain leave from the Court to appear remotely no later than three (3) working days prior to said hearing. Said leave shall not be unreasonably withheld.
Page 7 | Rule 11 Remote Appearances
A motion and order to withdraw or abate a judicial sale must be made before the sale date and time.
Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.
Page 8 | Rule 12 Master Commissioner Sales
A pretrial memorandum is not required unless specifically requested, but if filed it should be filed at least two days before the Final Hearing.
Unless specifically requested, the Court does not require a pretrial memorandum, but a party may file same if they so wish. In either situation, it should be filed at least two (2) days prior to the Final Hearing.
Page 13 | 7.05 - Final Hearings
Except for good cause shown or leave given, guilty pleas should be entered no later than ten days prior to trial.
Except for good cause shown or leave given, guilty pleas should be entered no later than ten days prior to trial.
Page 7 | Rule 10 Procedure of Cases in Criminal Matters
Counsel in criminal actions may tender proposed jury instructions at any time before trial.
Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.
Page 5 | Rule 7 Jury Trials
Service and Proof of Service Rules
The Court may void participation in pretrial diversion only after a hearing, with notice to the Commonwealth and defendant, and a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and 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 failure to make satisfactory progress .
Criminal cases
Page 4 | V. Voiding a Diversion Order
Pleadings and attachments must be served on all other parties or their counsel, and a copy must be forwarded to the Court.
All pleadings including any attachments shall be served on all other parties or their counsel and a copy forwarded to the Court.
Page 5 | 2.03 - General Motion Practice
Notice of every motion must be served on all necessary parties at least four working days before the scheduled hearing.
Notice of all motions must be served on all necessary parties no less than four (4) working days prior to any scheduled hearing.
Page 6 | 2.03 - General Motion Practice
After the Court approves an order, the Clerk enters it and sends copies to all parties or their counsel.
Upon the Court's approval, the Clerk will then enter the Order and send copies to all parties or their counsel.
Page 7 | 2.09 - Orders
The Guardian Ad Litem of record in the confidential case must receive notice of the motion to access its records.
The Guardian Ad Litem of record in the confidential case to be opened shall receive notice of the motion.
Page 8 | 3.03 - Access to Confidential Records
The parties or their counsel must notify the Commonwealth whenever the case is docketed.
Parties or their counsel shall notice the Commonwealth any time the case is docketed.
Page 9 | 5.05 - Custody and Timesharing
After the hearing, the Petitioner must continue diligent efforts to locate and notify everyone who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 11 | 6.08 - The Effects of Service on Only One Parent
The Clerk must make reasonable efforts to notify the child's parents or guardians as required by KRS Chapter 600 and following.
The Clerk shall make reasonable efforts to notify the child's parents or guardians in keeping with the requirements of KRS Chapter 600, et seq.
Page 11 | 6.07 - Petitions
When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made by the transfer date, and further reissuance occurs as needed in the transferee court.
Consistent with FCRPP 12, when the Family Court Judge orders 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 15 | Uniform Protocol for Processing Cases
Except for motions permitted to be filed ex parte, motions must be served on opposing counsel by delivery by the Clerk’s closing time one week before the Rule Day; service by mail requires an additional three days’ notice.
All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard. If service of the motion is by mail, an additional three (3) days' notice shall be required.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
The parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.
When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:
Page 5 | Rule 8 Assignment of Trials - Civil Matters
The Court may require the petitioner in a termination-of-parental-rights or adoption proceeding to notify the Cabinet that a petition has been filed.
The Court may require that the Cabinet for Health and Family Services be notified by the Petitioner in any termination of parental rights or adoption proceeding that a petition has been filed so that the Cabinet may comply with the reporting requirements of FCRPP 33(1).
Page 8 | 3.01 - Notice to the Cabinet
The Court may proceed with a Temporary Removal Hearing or adjudication despite lack of service on the non-custodial parent only if reasonable efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent, are established on the record.
The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that there have been reasonable efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 11 | 6.08 - The Effects of Service on Only One Parent
Counsel must transmit a courtesy copy of proposed orders or judgments submitted at the Court’s direction to opposing counsel.
5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration. All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk. Counsel shall transmit a courtesy copy to opposing counsel.
Page 4 | Rule 5 Entry of Orders and Judgements
A copy of a motion seeking relief from counsel’s responsibilities must be served on the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.
Page 4 | Rule 4 Appearances by Counsel
Reports may be sent by email if appropriate measures are taken to preserve confidentiality.
Reports may be sent by e-mail with appropriate measures to preserve confidentiality.
Page 10 | 6.02 - Court Reports
Reports should also be forwarded to all parties or their counsel.
Additionally, reports should be forwarded to all parties or their counsel.
Page 10 | 6.02 - Court Reports
Filing Fees and Waivers
The $50 reopening fee is not paid for specified Title IV-D child-support motions, but is charged for subsequent motions brought by private counsel or pro se absent an in forma pauperis finding.
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 or visitation 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 absent a finding of in forma pauperis.
Page 9 | 5.03 - Reopening Fee
A $200 judicial sale administrative fee must be paid to the clerk before the Master Commissioner schedules a sale.
As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.
Page 8 | Rule 12 Master Commissioner Sales
Sealing & Redaction Procedures
Paternity files are confidential and access is restricted, with specified entry-of-appearance, notarized-authorization, and court-appointed-attorney exceptions.
Until such time as paternity cases are no longer deemed confidential proceedings under Kentucky law, the Clerk shall restrict access to paternity cases to the parties, the Commonwealth, and any attorney that a party has retained. Counsel for a party shall not be permitted access to a paternity file unless he or she files an Entry of Appearance on behalf of a named party to the proceeding. In the alternative, an attorney may access a paternity file by producing to the Clerk a notarized authorization signed by a party. Additionally, an attorney appointed by the Court to serve as a Warning Order Attorney or as an attorney for an incarcerated or incompetent individual may have access to the file.
Page 9 | 5.04 - Access to Paternity Files
Filing Bundling Requirements
A party may file a motion for a Case Management Conference date in connection with a substantive motion.
Parties may also file a motion for a Case Management Conference date in connection with a substantive motion.
Page 6 | 2.05 - Case Management Conference (CMC)
Pre-Motion Conference Requirements
A different-subject responsive motion may not be heard in the original movant’s reserved time without consent; without consent, it requires Clerk approval and additional reserved time, except that continuance and Case Management Conference motions are not treated as responsive motions under this rule.
No motions involving different subject matter filed in response to the original movant's will be heard during the time originally reserved by the movant without the movant's consent. Absent the movant's consent, the responsive motion may only be heard if the proponent of the responsive motion obtains approval from the Clerk by reservation of additional time. Motions for continuances or for a Case Management Conference date are NOT considered responsive motions within the purview of this rule.
Page 5 | 2.03 - General Motion Practice
Adjournment & Extension Requirements
Continuances must comply with FCRPP 23.
Continuances shall comply with FCRPP 23.
Page 10 | 6.03 - Continuances
The Court may continue or reschedule a hearing that exceeds its reserved time.
The Court reserves the discretion to continue until later in the day, or reschedule to another day any hearing which exceeds the time reserved.
Page 6 | 2.03 - General Motion Practice
If a party fails to appear, the court may hold an ex parte hearing and issue findings or dismissal unless it grants a continuance upon request for good cause shown.
That in the event of the failure of a party or parties to appear at the conference, pursuant to this Order, an ex parte hearing shall be held and appropriate Findings rendered or Dismissal ordered, unless continued by leave of Court pursuant to a request, for good cause shown.
Page 19
Chambers Communication Rules
After normal working hours, law enforcement or CHFS must immediately contact a specified judge or the Trial Commissioner upon receiving an ECO affidavit.
After normal working hours, law enforcement and/or CHFS shall contact the Family Court Judge, District Court Judge or Trial Commissioner of this Circuit immediately upon the receipt of an ECO affidavit.
Page 11 | 6.06 - Procedure for Seeking an Emergency Custody Order (ECO)
After regular business hours, an authorized agency or officer must present a petition to any serving District Judge, Trial Commissioner, Family Court Judge, or Circuit Judge in Kentucky.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Any serving District Judge, District Court Trial Commissioner, Family Court Judge or Circuit Judge of the Commonwealth of Kentucky
Page 16 | Twenty-four Hour Accessibility
During regular business hours, an authorized agency or officer must present a petition first to a District Judge or Trial Commissioner and follow the stated sequence if that judicial officer is unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The petition shall be presented first to the District Judge or District Court Trial Commissioner. If the District Judge or Trial Commissioner is unavailable, the petition shall be presented to the Family Court Judge. If the Family Court Judge is unavailable, the petition shall be presented to the Circuit Judge. If all judges in the Circuit and District are unavailable, the petition shall be presented to any judge in the Commonwealth for consideration.
Page 16 | Twenty-four Hour Accessibility
If a case settles, the parties must notify the Court and Circuit Clerk before 3:30 p.m. on the day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 3:30 p.m. on the day before the case is schedule for trial if they settle a case, so jurors will not have to be summoned.
Page 6 | Rule 9 Settlement of Cases
To schedule a matter for Circuit Motion Hour, the movant must contact the Circuit Clerk in the county where the hearing will take place.
To set a matter for hearing on the Court's Circuit Motion Hour, the movant shall contact the Circuit Clerk in the county where the Hearing will be held.
Page 5 | 2.03 - General Motion Practice
Schedule other cases within the Court’s jurisdiction by appointment through the Judge’s Office, which may be contacted by phone.
Adoptions and other cases not specifically listed but also within the Court's jurisdiction shall be scheduled as needed by appointment through the Judge's Office. The Boyle County Office may be reached at 859-239-7090 and the Mercer County Office at 859-
Page 5 | 2.02 - Other Hearings
The parties must notify the Clerk as soon as possible if a hearing is no longer needed.
The parties shall notify the Clerk at the earliest time possible that there no longer exists a need for a hearing.
Page 7 | 2.10 - Agreed Orders
Parties must agree on deposition dates, times, and locations; disputes may be submitted to the Court, and depositions may not occur on weekends or holidays absent prior agreement among counsel.
The date, time, and location for all depositions shall be scheduled by agreement of the parties. In the event of a dispute, the matter may be submitted to the Court for resolution. No depositions shall be taken on any Saturday, Sunday, or holiday, except upon prior agreement among counsel.
Page 3 | Rule 3 Civil Discovery
The filing party must notify the Circuit Judge and Clerk directly of any motion withdrawal or remand, or hearing cancellation, and all parties must agree.
Any withdrawal or remand of motions or cancellation of hearings shall be made by the filing party directly to the Circuit Judge and to the Clerk and must be by agreement of all parties.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets
Unless otherwise specified, counsel must meet in chambers at 8:00 a.m. on the day of trial to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:00 a.m. on the day of trial to discuss preliminary matters, motions, and jury instructions.
Page 5 | Rule 7 Jury Trials
Petitioners seeking to initiate contempt proceedings should contact the circuit court clerk in the county where the protective order was issued.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk in the county in which the protective order was issued.
Page 3 | Contempt Proceedings
An attorney seeking placement on either county's GAL list should contact the Judge's office.
An attorney that wishes to be placed on the GAL list for either county should contact the Judge's office for inclusion on the list.
Page 10 | 6.01 - Roster of Guardians Ad Litem
If both parties agree to mediate using court mediation, they may contact the judge's office to schedule a mediation date.
If both parties otherwise agree to mediate and wish to use court mediation, they may contact the judge's office to set up a mediation date.
Page 12 | 7.03 - Mediation
B. Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk in the county in which the protective order was issued.
B. Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk in the county in which the protective order was issued.
Page 17 | III. Contempt Proceedings
Parties may email motions to the Circuit Judge before the hearing for information, but the Court will not recognize them until the original is received and entered in the record by the appropriate Circuit Clerk.
Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.
Page 3 | Rule 2 Rule Days; Motions and Motion Dockets