Metcalfe County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements3 rules
A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
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.
Proposed orders or judgments submitted when directed in matters under advisement 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 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 Requirements40 rules
On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.
Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
Counsel seeking relief from representation generally must use a written motion and notice, with a copy served on the client; for good cause, the Court may allow an oral withdrawal motion if the litigant's interests are not adversely affected.
Court's wording
4.3 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. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
5.1 All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.
5.2 In civil actions, proposed orders shall be tendered with each motion.
- Document
- Motion
Must include
- •Proposed order
If an order or judgment is unsatisfactory, opposing counsel must immediately present an alternative version to the Court.
Court's wording
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.
5.4 In all matters taken under advisement, the Court may 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.
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.
In petitioning for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in
An Order of Diversion must include the applicable restitution and supervision terms, its duration, and the listed conduct conditions and other appropriate conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . 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 and Parole . 5. That the petitioner remain drug and alcohol free and be subject to random testing. 6. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 7. That the petitioner possess no firearm or any other deadIX weapon . 8. Any other provision of KRS 533 .030 or any other condition which the Court deems appropriate.
The Commonwealth shall make a written recommendation to the Court in response to each application.
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 .
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.
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.
Each motion (except a motion to schedule an event) shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure).
A motion other than one to schedule an event must be accompanied by a separate tendered proposed order citing authority, and the court may deny a noncompliant motion.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Each motion (except a motion to schedule an event) shall be accompanied by a separate tendered proposed order which shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure), and the court in its discretion may deny any motion which is noncompliant herewith.
All motions shall include above the signature line for counsel or the self-represented movant the following declaration: The undersigned estimates that this hearing in its entirety will require approximately
- Document
- Motion
- Placement
- Signature block
After each informal settlement conference, counsel must tender the appropriate Order Setting Settlement Conference for entry.
Court's wording
Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.
In marital dissolution actions, all parties must file and serve Form AOC-238 no later than ten days before the pre-trial conference, unless they exchanged the statements earlier under FCRPP 2(3).
Court's wording
In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).
A pre-trial order shall limit the time reserved for the entire evidentiary hearing or presentation of evidence-in-chief (including rebuttal) in a designated sequence, and, trial, and such pre-trial order may include allocation of time to the parties for except as otherwise provided, such allocation of time shall be subject to the following terms and conditions:
In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance
Any motion filed referring to a previous order or decree (including but not limited to requests for modification or enforcement thereof) shall identify the relevant section of such previous order or decree with particularity including declaration of the date of entry of such order or decree.
All parties in paternity actions must procure entry of a custody and visitation order.
Court's wording
All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.
Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.
The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.
If no objection and request for hearing is filed, each party must file a certificate of completion in the paternity action record within 90 days after the later of entry of judgment or release from incarceration.
Court's wording
If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.
Services shall assure that each case plan or other remedial contract requiring compliance by In a dependency, neglect, and abuse action, the Kentucky Cabinet for Health and Family Chapter 406 and the procurement of a paternity judgment. a parent of a child born out-of-wedlock shall include a notice of rights regarding KRS
A Case Data Information sheet (Form AOC-FC-3) shall be filed with the petition for dissolution of marriage.
For qualifying marital dissolution actions, the petitioner must tender a completed Form AOC-237 for entry, with the specified Addendum reference and attached language restricting additional debt subject to stated exceptions.
Court's wording
So as to give effect to FCRPP 2(5), with respect to all marital dissolution actions tender to the court for entry a properly completed Form AOC-237, "Status Quo Order," on commenced on or after January 1, 2011, at the initial court appearance the petitioner shall Addendum;" and the text of such attached Addendum shall provide as follows: which the following language shall appear after the phrase "Other Orders:" "See attached ADDENDUM Neither party shall incur additional debt in his or her own name or the name of his or her spouse without first receiving the permission of the court or filing with the court an agreed order signed by both parties and their attorneys (if any) except that either spouse may incur debt associated with the reasonable cost of living. The law does not define what is "reasonable" or in the "ordinary" course of business, and the court will not prejudge these matters; however; when incurring debt for ordinary living necessities, the parties should keep in mind that they are in a dissolution proceeding and, therefore, what was a reasonable expense or debt during the marriage may not be reasonable under these circumstances. The parties are encouraged to consult with their attorneys (if any) before incurring any debt which they think may violate the order.
B. All Agreements and Agreed Orders shall contain the correct telephone number and mailing and e-mail addresses for the attorneys.
A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the
If one party refuses or fails to attend the clinic and file a certificate, the compliant party's motion to submit must state that the clinic was available on a later occasion after that party attended.
Court's wording
provided, required herein, in the compliant party's motion to submit such party shall include a however, that if one party refuses or fails to attend the clinic and file the certificate as Clinic has been available for attendance on at least one occasion subsequent to the statement that to the best of such party's information and belief, the Parents' Education occasion on which the compliant party attended a session thereof.
When such an order is effective, an action for dissolution of marriage shall not be docketed for hearing on a motion to submit for entry of decree until each party has filed a certificate of completion of the Parents' Education Clinic ("PEC") (or its substantial equivalent);
The Family Court case data sheet shall be fully completed in all cases.
With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the "Court 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.
A pre-trial order may include requirements that the parties tender proposed Findings of Fact, Conclusions of Law, and Order at the beginning of the evidentiary hearing or pursuant to an order concerning post-trial compliance.
The court may waive clinic attendance after prior qualifying custody and visitation counseling upon the counselor's written recommendation.
Court's wording
If the parties have been previously referred to professional counseling regarding custody and visitation (with such counseling including training for the exclusion of the child or children from parental disputes), the court may, upon the written recommendation of such counselor, waive the requirement that the parties attend the clinic.
A party may comply with the requirements of FC 43 Rule 705 A. by filing a photocopy of the certificate of completion of the Parents' Education Clinic which such party may have filed in the record of a separate action.
Filing & Service rules
Electronic Filing Rules
Parties may file motions through 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
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 judgments
Filing Timing and Cure Windows
The motion must be delivered to the Clerk's office by closing time one week before the Rule Day on which it will be heard.
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
An emailed or faxed motion is 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
Counsel must file the written entry of appearance forthwith after being retained, unless the appearance is apparent from filed pleadings.
Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
Page 3 | Rule 4 Appearances by counsel
Motions may not be filed on the morning of trial unless the Court grants leave.
No motions may be filed on the morning of trial without leave of the Court.
Page 5 | Rule 7 Jury trials
The Pretrial Compliance Statement must be furnished at least one week before trial.
directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement
Page 5 | Rule 8 Assignment of trials in civil matters
An eligible person may petition for pretrial diversion at least seven days before sentencing.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing
Criminal cases
Page 2 | III. Procedure
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or lett waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
The court must review a protective-order petition immediately after it is filed.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
The authorized agency or officer must present a petition for review within an hour, following the listed sequence based on availability.
Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge
Page 3 | Twenty-four Hour Accessibility
The moving party must file the original motion by the Clerk’s Office closing time and no later than seven calendar days before the hearing.
A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.
Page 7 | 203(A)(1) Deadline for Filing and Serving Motions
In marital dissolution actions involving property matters, Form AOC-239 must be filed no later than ten days before trial.
In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance
Page 8 | 205(D)(2) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
The court will not hear a motion unless Family Court staff has docketed it for hearing and, absent good cause, it has been timely filed and served.
The court shall hear no motion which has not been docketed for hearing by the Family Court staff (whose telephone number is [270] 651-9923), and, except for good cause shown, the court shall hear no motion which has not been timely filed and served thereafter.
Page 8 | 203(B) Deadline for Filing and Serving Motions
In marital dissolution actions, Form AOC-238 must be filed no later than ten days before the pre-trial conference unless the parties exchanged the statements earlier under FCRPP 2(3).
In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).
Page 8 | 205(C)(2) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
All parties in paternity actions must procure entry of a custody and visitation order within 90 days after the later of entry of judgment or release from incarceration.
All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.
Page 12 | 503 Matters Concerning Welfare and Custody and Visitation of Children
If no objection and request for hearing is filed, the certificate of completion must be filed within 90 days after the later of entry of judgment or release from incarceration.
If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.
Page 12 | 502 Parents' Education Clinic
The petitioner must tender the parent education order within 20 days after the response is filed.
Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.
Page 12 | 502 Parents' Education Clinic
The parties have 10 days from entry of the order to file an objection requesting a hearing.
The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.
Page 12 | 502 Parents' Education Clinic
When the parties have minor children, the petitioner must tender the Order within 20 days after the response is filed.
A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the
Page 14 | 705 Parents' Education Clinic
In marital dissolution actions commenced on or after January 1, 2011, the petitioner must tender the completed Status Quo Order at the initial court appearance.
So as to give effect to FCRPP 2(5), with respect to all marital dissolution actions tender to the court for entry a properly completed Form AOC-237, "Status Quo Order," on commenced on or after January 1, 2011, at the initial court appearance the petitioner shall Addendum;" and the text of such attached Addendum shall provide as follows: which the following language shall appear after the phrase "Other Orders:" "See attached
Page 14 | 701 Status Quo Orders
A party has 10 days from entry of the Order to file an objection requesting a hearing; if no objection and request for hearing is filed, the order becomes immediately effective.
from entry of the Order to file an objection requesting a hearing. If no objection and request for parties to attend parent education classes. The Order shall state that the parties have 10 days hearing is filed, the order shall become immediately effective.
Page 15 | Rule 7 Domestic Relations Practice
With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.
With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.
Page 18 | 904 Retrieval of Exhibits
The authorized agency or officer must present a petition for review within an hour, following the listed sequence based on availability.
Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge
Page 23 | Twenty-four Hour Accessibility
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 2 | Uniform Protocol for Handling Cases
A party must demand return of the party’s hearing exhibits no later than 30 days thereafter, after arranging with the clerk and executing a receipt.
after such party's prior arrangement with the clerk and upon due execution of receipt therefore, to return to such party, by counsel or pro se, on demand (not later than thirty [30] days thereafter) all exhibits introduced into evidence by such party at each evidentiary hearing which the court has conducted in such action.
Page 18 | 904 Retrieval of Exhibits
Counsel in criminal actions may tender proposed jury instructions at any time before trial.
7•4 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
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
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
Page 2 | Rule 2 Rule Days; Motions and motion dockets
A copy of a written motion seeking counsel's relief from responsibilities must be served upon the client.
4.3 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. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
Page 3 | Rule 4 Appearances by counsel
If a motion is served by mail, three additional days' notice is required.
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.
directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement
Page 5 | Rule 8 Assignment of trials in civil matters
A pretrial-diversion petition must be accompanied by notice to the Commonwealth's Attorney; the method of notice is not specified.
An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing
Criminal cases
Page 2 | III. Procedure
The Court may revoke or void participation in pretrial diversion only after a hearing, on the Commonwealth's motion or its own motion, with notice to the defendant, and upon the specified showing of noncompliance or unsatisfactory progress.
After a hearing, on motion of the Commonwealth or on the Court's own motion and with notice to the defendant, the Court may revoke or 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. Revocation
The moving party must serve a copy of the motion no later than seven calendar days before the hearing.
A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.
Page 7 | 203(A)(1) Deadline for Filing and Serving Motions
If 60 days have passed since entry of the most recent order, any notice must be served on both opposing counsel and the opposing party at the party’s last known address.
If sixty (60) days have expired since the date of entry of the most recent order, any notice shall be served on both the opposing attorney and the party at his or her last known address.
Page 7 | 203(A)(2) Deadline for Filing and Serving Motions
In marital dissolution actions, Form AOC-238 must be served no later than ten days before the pre-trial conference unless the parties exchanged the statements earlier under FCRPP 2(3).
In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).
Page 8 | 205(C)(2) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
In marital dissolution actions involving property matters, Form AOC-239 must be served no later than ten days before trial.
In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance
Page 8 | 205(D)(2) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
Filing Fees and Waivers
A party qualified for Kentucky Legal Aid may proceed without paying costs, but the court may review that qualification at any time on its own motion.
Any party who has qualified for representation by Kentucky Legal Aid may proceed in the action in forma pauperis under the provisions of KRS 453.190 and may prosecute the subject action without payment of any cost; provided, however, that the court may review the party's qualification for in forma pauperis treatment at any time on its own motion.
Page 17 | 903 In Forma Pauperis Qualification
Courtesy Copy Requirements
Counsel must transmit a courtesy copy of proposed orders or judgments submitted in matters under advisement to opposing counsel.
5.4 In all matters taken under advisement, the Court may 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 judgments
Sealing & Redaction Procedures
For covered personal identifiers, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by the specified persons.
However, except as set forth in paragraph B below, where personal identifiers are one copy from which any personal data has been redacted and filing an unredacted copy pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing in a marked and sealed envelope. The clerk of the court shall allow the unredacted accessed only by a party to the case, an attorney of record in the case, a judge of the sealed copy of the pleading, document, or exhibit containing personal identifiers to be Cabinet for Health and Family Services involved in child support matters attendant to court or other authorized court personnel, a duly authorized employee or agent of the the case, or a person authorized to view the copy by specific orders of the court.
Page 17 | 901 Protection of Personal Identifiers
Documents filed in actions made confidential by statute need not be redacted, and access is governed by the cited statutes and applicable rules.
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, and by any applicable rule.
Page 17 | 901 Protection of Personal Identifiers
When consolidated actions include one that was not confidential, the surviving action is not confidential except for portions the court elects to seal.
When more than one child support, custody, visitation, paternity, or marital dissolution simultaneously in Family Court, so as to promote judicial economy or the interest of justice, actions into a single action which shall be deemed the surviving action in which the court on its own motion or on motion of any party the court may consolidate two or more of such shall designate and align the parties according to their interests; whereupon, if any of the actions so consolidated previously was not confidential, the surviving action (except for such portions thereof as the court in its discretion may seal) shall have no confidential character.
Page 17 | 902 Consolidation of Actions
Chambers Communication Rules
The filing party must notify the Circuit Judge and Clerk directly of a 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
If an order or judgment is unsatisfactory, opposing 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 judgments
Proposed orders or judgments submitted when directed in matters under advisement must be emailed to the Court.
5.4 In all matters taken under advisement, the Court may 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 judgments
Unless otherwise specified, counsel must meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.
Page 5 | Rule 7 Jury trials
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 scheduled for trial if they settle a case, so jurors will not have to be summoned.
Page 6 | Rule 9 Settlement of cases
The moving party’s attorney of record must promptly notify Family Court staff whenever a previously docketed motion or proceeding will not be heard, regardless of the reason.
The attorney of record for a moving party forthwith shall notify the Family Court staff (whose telephone number is [270] 651-9923) whenever any motion or any proceeding (previously docketed for hearing) shall not be heard, whether because of agreement of the parties or because of any other reason.
Page 7 | 201 General
To docket a motion, the movant must call Family Court staff, provide opposing counsel’s correct phone numbers, and work with opposing counsel in good faith to estimate the hearing length and identify an available date and time.
To docket a motion for hearing, movant, by counsel or pro se, shall telephone the Family Court staff at (270) 651-9923 and furnish the correct telephone number for all opposing (preferably a telephone conference call) to ascertain the earliest available hearing date counsel so as to enable the Family Court staff to initiate one or more telephone calls and time, accommodating the schedules of all counsel to the action; provided, however, in good faith shall arrive at an estimate for the length of the entire hearing so that the that during such scheduling telephone call or calls the movant and all opposing counsel Family Court staff on behalf of the movant can reserve the estimated time accordingly when docketing the subject motion.
Page 7 | 202(A) Docketing
Counsel for the petitioner must fax the Family Court Judge a copy of each petition no later than filing it with the clerk.
A. Counsel for petitioner shall send Family Court Judge by FAX (at [270] 651-5524) a copy of each petition not later than the time of filing such petition with the clerk
Page 10 | 301 Appointment of Counsel and Guardians ad Litem in Actions for Termination of Parental Rights
Petitioners seeking to initiate contempt proceedings should contact: 2.) The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.
Petitioners seeking to initiate contempt proceedings should contact: 2.) The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.
Page 5 | Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact: 1.) The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.
Petitioners seeking to initiate contempt proceedings should contact: 1.) The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.
Page 5 | Contempt Proceedings
A party may email a motion to the Circuit Judge before the hearing for information, but the emailed motion is not recognized until the original is received and entered in the record.
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
Holiday schedules may be obtained by calling Family Court staff at (270) 651-9923.
Holiday schedules may be obtained by telephoning Family Court staff at (270) 651-9923.
Page 5 | 104 Holidays
Parties may schedule a pre-trial conference by telephone conference call with Family Court staff.
Parties may schedule Pre-Trial Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which the court shall make the appropriate Order Setting Pre-Trial Conference.
Page 8 | 205(C)(1) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
Parties may schedule an informal settlement conference by telephone conference call with Family Court staff.
Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.
Page 8 | 205(A) Settlement Conferences, Pre-Trial Conferences, and Pre-Trial Orders
Petitioners seeking contempt proceedings should contact Barren Family Court staff or the Metcalfe Circuit Clerk's office for help processing supporting affidavits; Family Court staff will assist with scheduling hearings.
Petitioners seeking to initiate contempt proceedings should contact: 1.) The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge. 2.) The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall assist with the scheduling of such matters for hearing by the Family Court Judge.
Page 25 | Domestic Violence Protocol
The Commonwealth's Attorney must request a criminal-record check from Pretrial Services at AOC by phone or fax and must not send the request to the local Pretrial Services Officer.
Have a criminal record check made by telephoning,,Pretrial Services at AOC 1-800-928-6381 or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | Procedure