Monroe County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- 1 copy
Adjournments
- If no party files a motion for continuance before 14 days prior to trial, the Court may impose sanctions for a continuance granted afterward.
Document Format Requirements6 rules
All exhibits intended for use at trial shall be labeled for identification purposes prior to trial.
At the start of a video deposition, the camera must show each person present for identification to the jury and then focus only on the witness during questioning.
Court's wording
At the beginning of the taking of the deposition, the operator of the video camera will focus on each person present at the taking of the deposition and such person shall be identified to the jury. Thereafter, the camera will focus on the witness only, whether the interrogation be direct or cross examination.
The camera must remain stationary and may not zoom in or out on people, except to show exhibits or demonstrative evidence that cannot otherwise be fairly and reasonably seen.
Court's wording
The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness or any other person present at the deposition excepting those times during the deposition when the witness is displaying for the jury's viewing exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen on the videotape or disk by use of the camera "zooming" in on said evidence.
All exhibits intended for use at trial shall be labeled for identification purposes prior to trial.
Either party may take any or all depositions by videotape or disk, with said depositions to be taken pursuant to the terms and conditions of the attached "Order Regarding Videotape Depositions".
The Plaintiff is hereby granted permission to take any depositions for proof by video.
Document Filing Requirements40 rules
Pursuant to FCRPP 33, no request for final hearing shall be made prior to the filing of the state child protective service agency report pursuant to KRS 199.510 and the guardian ad litem report, if any, pursuant to KRS 199.515.
3.1 Pursuant to FCRPP 32(2)(a), a separate petition shall be filed for each child in a Termination of Parental Rights case and individual case numbers shall be assigned by the Clerk of the Court in proceedings filed pursuant to KRS Chapter 625.
Every adoption or termination-of-parental-rights petition must include the case number of any underlying juvenile case and the name of any previously appointed guardian ad litem.
- Document
- Adoption or termination of parental rights petition
Must include
- •Case number
Court's wording
Pursuant to FCRPP 32(2)(b), every petition in an adoption or termination of parental rights shall include the following: A. The case number of any underlying juvenile case, specifically dependency, neglect or abuse or termination of parental rights cases); and B. The name of any guardian ad litem previously appointed.
Upon the final hearing of a case or upon the hearing of any motion which requires Findings of Fact and Conclusions of Law, the Commissioner shall prepare and submit to the Circuit Judge his proposed Findings of Fact (unless the Commissioner's Findings of Fact are stipulated by both parties in which case only questions of law will be considered by the Circuit Judge), Conclusions of Law and Order.
Exceptions must identify the date of the disputed testimony and the tape counter number where the disputed evidence can be found.
Court's wording
Any party filing exceptions to rulings of the Domestic Relations Commissioner shall specify the date wherein the disputed testimony was heard and shall refer to the tape counter number where the disputed evidence may be found.
Any order prepared at the direction of the Commissioner shall reflect the name of the preparer and state that the order was prepared at the request and under the direction of the Commissioner or the Court, as the case may be.
Pursuant to FCRPP 5 and FCRPP 9, all motions for temporary child support and maintenance must be accompanied by movant's income and expense schedule with supporting documentation.
A signed property settlement agreement is necessary for a proceeding to be classified as "uncontested".
- Document
- Property settlement agreement
Include
- •Signed property settlement agreement
The non-moving party must file his or her income and expense schedule no later than the time set for the hearing on the motion.
Pursuant to FCRPP 2(8), any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief
Pursuant to FCRPP 3(1)(a)(ii), original copies shall be filed with the Clerk in the county of origin.
All original pleadings in a dissolution action shall include pleadings identified in FCRPP 2(1)(a) through (i), if applicable.
The AOC-239, Final Verified Disclosure Statement, is adopted by this Court and shall be filed in the record if property matters are in dispute
The worksheet for child support obligation forms shall be attached to all separation agreements in which child support is determined and all agreed orders modifying child support.
In addition, all separation agreements fixing child support and agreed orders modifying child support shall contain a reservation to the effect that The parties are aware of the amount of child support established by the Kentucky Child Support Guidelines.
Any verified motion shall be filed on the AOC form as a petition
A self-represented individual may proceed pro se but must comply with the same provisions as an attorney-represented individual.
Court's wording
Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.
it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.
Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.
The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.
Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.
Pretrial compliance statements shail be filed by all parties 14 days before the trial date.
The pretrial statement must list trial exhibits and witnesses, attach exhibit copies if feasible, provide inspection arrangements for unattached exhibits, and disclose specified information about witnesses and experts who have not been deposed.
Court's wording
All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to lestify and a summary of the grounds for cach opinion.
If a plea agreement is reached, it must be written, signed by the specified participants, and submitted for Court approval before the scheduled pretrial conference.
Court's wording
At this meeting the defendant shall be present and if an agrecment is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth, counsel for the defendant, and the defendants). Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference.
All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.
Pursuant to these local riles, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed of record in the office of the circuit clerk.
Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.
The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, including the specified property, debt, and income information.
Court's wording
The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.
The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.
Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.
The pretrial statement must list trial exhibits, witnesses, and experts with required contact and expert-testimony information; attach exhibit copies if feasible and identify where unattached exhibits may be inspected.
Court's wording
All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to lestify and a summary of the grounds for cach opinion.
At this meeting the defendant shall be present and if an agrecment is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth, counsel for the defendant, and the defendants). Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference. Failure to comply could result in a dismissal at this Court's discretion.
Failure to do so shall constitute grounds for overruling the exceptions.
Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.
A self-represented individual may proceed pro se but must comply with the same provisions as a represented individual.
Court's wording
Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.
Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.
Parties may furnish to the Domestic Relations Commissioner for review a recommended Findings of Fact, Conclusions of law, and a Decree of Dissolution.
Furthermore, counsel are encouraged to provide joint child support worksheets presenting evidence as to the existence of any exception to the utilization of the guidelines.
If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted directly to the Court.
- Document
- Agreement on individual issues
Include
- •Signed by both parties
Parties who reach an agreement on all issues may obtain a decree of dissolution without a hearing by following the requirements of FCRPP 3(1)(a) and (b).
Filing & Service rules
Filing Timing and Cure Windows
The original motion must be filed by the Clerk's Office closing time five business days before the Rule Day on which it will be heard.
2.3 All motions to be heard at motion hour on the appropriate motion day shall be filed (the original motion) and served on opposing counsel by delivery no later than closing time in the Clerk's Office five (5) business days immediately preceding the Rule Day upon which the motion is to be heard. If service is by mail, an additional three (3) days' notice shall be required
Civil cases
Page 5 | 2.3
For an uncontested adoption, the hearing must be held within 30 days after a request for final hearing is filed.
In the event of an uncontested adoption, a hearing shall be held within thirty (30) days of the filing of a request for a final hearing.
Civil cases
Page 6 | 3.2
Immediately after filing a petition for involuntary termination of parental rights, the petitioner must obtain a pretrial date.
3.3 Pursuant to FCRPP 34, immediately upon the filing of any petition for involuntary termination of parental rights, the petitioner shall obtain a pretrial date.
Civil cases
Page 6 | 3.3
Parties have 10 days after service of notice that the Commissioner's recommendation was filed to file exceptions.
A copy of the proposed Findings of Fact, Conclusions of Law and Order will be furnished to all parties involved in the matter who will then have ten (10) days after being served with notice of the filing of the Commissioner's recommendation in which to file exceptions to the proposed Findings of Fact, Conclusions of Law and Order with the Court.
Civil cases
Page 9 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
If property matters are in dispute, the AOC-239 must be filed no later than ten days before the hearing.
The AOC-239, Final Verified Disclosure Statement, is adopted by this Court and shall be filed in the record if property matters are in dispute, no later than ten (10) days prior to the hearing as required by FCRPP 3(3).
Civil cases
Page 13
Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless the unavailability of a judge or trial commissioner makes that impossible.
Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Civil cases
Page 18 | Twenty-four Hour Accessibility
Petitions must be reviewed within an hour after presentation unless no judge or trial commissioner is available.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 2 | Twenty-four Hour Accessibility
The petitioner must file a sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage.
The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage
Page 6 | C. DOMESTIC RELATIONS CASES
Pretrial compliance statements are due 14 days before the trial date.
Pretrial compliance statements shail be filed by all parties 14 days before the trial date.
Page 8 | PRETRIAL STATEMENTS
A plea agreement must be submitted to the Court for approval before the scheduled pretrial conference.
Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference.
Page 10 | D. PRETRIAL CONFERENCES AND PLEA AGREEMENTS
Transportation orders must be tendered to the Court no later than four business days before the scheduled court appearance.
All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.
Page 10 | F. TRANSPORTATION ORDERS
Responsive motions must be filed with the circuit clerk two business days before the Rule/Motion Day in Clinton County and five business days before it in Cumberland and Monroe Counties.
Each responsive motion shall be filed in the office of the circuit clerk two (2) business days in Clinton County and 5 business days in Cumberland and Monroc Counties preceding the Rule/Motion Day for which the original motion is initially set.
Page 12 | C. MOTION AND NOTICE, 3. FILING AND SERVICE OF RESPONSIVE MOTIONS
Motions set for a Rule/Motion Day, other than uncontested matters under Chapter IV, must be filed with the circuit clerk five days before the initially set day.
Each motion to be made on a Rule/Motion Day, except uncontested matters under Chapter IV shall be filed in the office of the circuit clerk five (5) days preceding the Rulc/Motion Day for which the motion is initially set.
Page 12 | C. MOTION AND NOTICE, 1. FILINGS AND SERVICE OF MOTION AND NOTICE
Time for filing and serving motions and responsive motions must be computed under CR 6.01.
4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.
Page 13 | COMPUTATION OF TIME FOR FILING AND SERVICE
The petitioner must file the sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage.
The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.
Page 6 | C. DOMESTIC RELATIONS CASES
All parties must file pretrial compliance statements 14 days before trial.
Pretrial compliance statements shail be filed by all parties 14 days before the trial date.
Page 8 | PRETRIAL STATEMENTS
Transportation orders must be tendered to the Court at least four business days before the scheduled appearance; noncompliance could result in the defendant or party not being transported.
All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance. Failure to comply could result in the Defendant/Party not being transported to the scheduled court appearance.
Page 10 | F. TRANSPORTATION ORDERS
Motions, except uncontested matters under Chapter IV, must be filed with the circuit clerk five days before the initially set Rule/Motion Day.
Each motion to be made on a Rule/Motion Day, except uncontested matters under Chapter IV shall be filed in the office of the circuit clerk five (5) days preceding the Rulc/Motion Day for which the motion is initially set.
Page 12 | C. MOTION AND NOTICE
Responsive motions must be filed with the circuit clerk at least two business days before the Rule/Motion Day in Clinton County and five business days before it in Cumberland and Monroe Counties.
Each responsive motion shall be filed in the office of the circuit clerk two (2) business days in Clinton County and 5 business days in Cumberland and Monroc Counties preceding the Rule/Motion Day for which the original motion is initially set.
Page 12 | C. MOTION AND NOTICE
Child-support actions initiated by the County Attorney's Office must be filed by that office and noticed for 10:00 a.m.
Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10:00 a.m.
Page 12 | C. MOTION AND NOTICE
The Domestic Relations Commissioner must render a decision within 30 days after a case is submitted for final disposition.
Once a case is submitted to the Domestic Relations Commissioner for final disposition, the Commissioner shall render a decision within thirty (30) days.
Civil cases
Page 9 | 5.3 SUBMISSION OF CASE TO DOMESTIC RELATIONS COMMISSIONER
An opposing party must be allowed at least 3 days to respond to filed exceptions by filing additional exceptions.
Upon the filing of exceptions, any opposing party shall have no less than three (3) days to respond by filing additional exceptions.
Civil cases
Page 10 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
The parties may waive the normal 10-day period for serving exceptions, and it is deemed waived for all agreed orders.
The normal ten (10) day exception period to serve exceptions pursuant to FCRPP 4(4)(a) may be waived by the parties and shall be deemed to be waived on all agreed orders.
Civil cases
Page 10 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
If exceptions are filed, the final decree must be entered within 10 days after the exceptions are disposed of.
If exceptions have been filed, entry of the final decree shall occur within ten (10) days of disposition of the exceptions.
Civil cases
Page 10 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
If no exceptions are filed on time, the Court will adopt the proposed or modified findings, conclusions, and decree within 20 days of submission.
Pursuant to FCRPP 4(4)(d), if no exceptions are filed within the time allowed, the Court will adopt the proposed or modified Findings of Fact, Conclusions of Law and Decree of Dissolution within twenty (20) days of submission.
Civil cases
Page 10 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
In uncontested matters, the parties may waive the normal ten-day exception period for the Commissioner’s recommendations to the Circuit Judge.
The normal ten (10) day exception period applicable to the Commissioner's recommendations to the Circuit Judge authorized by FCRPP 4(4) (a) may be waived by the parties in uncontested matters.
Civil cases
Page 11 | 5.5 UNCONTESTED MATTERS
Petitions must be reviewed within an hour of presentation unless a judge or trial commissioner is unavailable.
Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 6 | Twenty-four Hour Accessibility
Time for filing motions and responsive motions is computed in accordance with CR 6.01.
4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.
Page 13 | 4. COMPUTATION OF TIME FOR FILING AND SERVICE
Service and Proof of Service Rules
Motions must be served on opposing counsel by delivery five business days before the Rule Day, with three additional days' notice required if service is by mail.
2.3 All motions to be heard at motion hour on the appropriate motion day shall be filed (the original motion) and served on opposing counsel by delivery no later than closing time in the Clerk's Office five (5) business days immediately preceding the Rule Day upon which the motion is to be heard. If service is by mail, an additional three (3) days' notice shall be required
Civil cases
Page 5 | 2.3
After 60 days have elapsed since the last order or judgment, any notice must be served on both opposing counsel and the client party at the party's last known address.
2.4 If sixty (60) days have expired since the date of entering the last order or judgment, any notice shall be served on both the opposing attorney and the client party at his or her last known address.
Civil cases
Page 5 | 2.4
A copy of the proposed findings, conclusions, and order must be furnished to all parties involved.
A copy of the proposed Findings of Fact, Conclusions of Law and Order will be furnished to all parties involved in the matter
Civil cases
Page 9 | 5.4 PROCEDURE UPON THE PROPOSED FINDINGS AND RECOMMENDATION OF THE DOMESTIC RELATIONS COMMISSIONER
Objections to the financial disclosure statements must be exchanged 20 days thereafter and may not be filed in the record unless the Court orders otherwise.
objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.
Civil cases
Page 11 | 5.6 CONTESTED MATTERS
The petitioner’s and respondent’s financial disclosure statements must be exchanged within 45 days after the petition is filed.
The financial disclosure statement of the Petitioner and the Respondent shall be exchanged between the parties within forty-five (45) days of filing of the petition
Civil cases
Page 11 | 5.6 CONTESTED MATTERS
Pendent lite motions must be served on the opposing party and set for a hearing before the court, unless the parties agree otherwise.
Any pendent lite motions shall be served on the opposing party and set for a hearing before the court unless otherwise agreed to by the parties.
Civil cases
Page 12 | 5.7 PRELIMINARY MATTERS IN DISSOLUTIONS
Provide the disclosure statement and supporting documents to opposing counsel within 30 days after filing the hearing motion, unless the hearing is set within that period, in which case disclosure is governed by the Court's order.
A copy of this disclosure statement, together with any supporting documentation, shall be provided to the opposing party's attorney within thirty (30) days of the filing of the motion for hearing, unless the hearing date is set within thirty (30) days of filing the motion for the hearing, upon which disclosure shall be at the order of the Court.
Civil cases
Page 13
When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if the adverse party has not been served, for no more than fourteen days or as the court considers necessary to protect the petitioner; afterward, the receiving court reissues it as needed.
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 not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Civil cases
Page 17 | Uniform Protocol for Processing Cases
When a transferred case has an unserved adverse party, the initiating court must reissue the summons for no more than fourteen days, or for a period the court deems necessary to protect the petitioner; the receiving court may reissue it as needed thereafter.
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 not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 1 | Uniform Protocol for Processing Cases
When service is delivery pursuant to CR 5.02, it must be effected five days before the initially set Rule/Motion Day.
Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.
Page 12 | C. MOTION AND NOTICE, 1. FILINGS AND SERVICE OF MOTION AND NOTICE
A motion must be served by mail on the opposing represented party at least five days before the initially set Rule Day.
Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.
Page 12 | C. MOTION AND NOTICE, 1. FILINGS AND SERVICE OF MOTION AND NOTICE
Responsive motions served pursuant to CR 5.02 must be served on opposing counsel or an unrepresented party at least two business days before the Rule/Motion Day in Clinton County.
Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.
Page 12 | C. MOTION AND NOTICE, 3. FILING AND SERVICE OF RESPONSIVE MOTIONS
The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the court reporter or circuit clerk.
A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the court reporter or circuit clerk by the attorney filing same.
Page 9 | M. COPIES TO BE SENT TO COURT REPORTER
Service by delivery pursuant to CR 5.02 must be effected five days before the initially set Rule/Motion Day.
Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.
Page 12 | C. MOTION AND NOTICE
Responsive motions served pursuant to CR 5.02 must be served on opposing counsel or an unrepresented opposing party at least two business days before the Rule/Motion Day in Clinton County.
Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.
Page 12 | C. MOTION AND NOTICE
A motion served by mail must be served on the represented opposing party at least five days before the initially set Rule Day.
Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.
Page 12 | C. MOTION AND NOTICE
Subpoena service by law office personnel or a party will be considered a cost to the extent the sheriff would be compensated for similar service.
To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.
Page 9 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY
Time for serving motions and responsive motions is computed in accordance with CR 6.01.
4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.
Page 13 | 4. COMPUTATION OF TIME FOR FILING AND SERVICE
Subpoena service by law office personnel or a party will be considered as a cost when assessing costs, to the extent the sheriff would be compensated for similar service.
To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.
Page 9 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY
Filing Fees and Waivers
A movant must pay a $50 fee when reopening a domestic relations case more than six months after the decree to seek modification, except for Title IV-D child-support-enforcement motions and movants proceeding in forma pauperis; the Clerk collects the fee when the motion is filed.
Pursuant to FCRPP 3(6), a fee of $50.00 shall be paid by the movant in domestic relations cases reopened after six (6) months from the entry of the decree for the purpose of modifying the decree. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The Clerk shall collect any fee upon the filing of the motion, unless the movant is proceeding in forma pauperis.
Civil cases
Page 13
Commissioner fees must be paid through the circuit court clerk’s office and are due on the fifth working day after the hearing concludes.
Such fees shall be paid through the office of circuit court clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Commissioner fees in an uncontested divorce may not exceed $15.
No more than $15.00 shall be assessed in any uncontested divorce.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
The Commissioner charges $60 per hour, billed at $15 per quarter hour or part thereof, and the fee is payable through the circuit clerk's office by the fifth working day after the hearing concludes.
For any hearing the Domestic Relations Commissioner shall receive a fee of $60.00 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof. Such fees shall be paid through the office of circuit court clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Fees assessed in a case may not exceed $600, except in extraordinary circumstances recommended by the circuit judge and approved by the Chief Justice.
No more than $600.00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the circuit judge and approved by the Chief Justice for extraordinary circumstances shown.
Civil cases
Page 9 | DR Rule 5 - DOMESTIC RELATIONS PRACTICE
Additional fees of up to $200 may be assessed if a case is reopened.
If a case is reopened additional fees totaling not more than $200.00 may be assessed.
Civil cases
Page 9 | DR Rule 5 - DOMESTIC RELATIONS PRACTICE
Fees assessed in an uncontested divorce may not exceed $15.
No more than $15.00 shall be assessed in any uncontested divorce.
Civil cases
Page 9 | DR Rule 5 - DOMESTIC RELATIONS PRACTICE
No fee may be assessed for a motion to set a contested hearing or to withdraw as attorney of record.
No fee shall be assessed for motions to set contested hearings or to withdraw as attorney of record
Civil cases
Page 9 | DR Rule 5 - DOMESTIC RELATIONS PRACTICE
Commissioner fees are capped at $600 per case unless the Circuit judge recommends and the Chief Justice approves an increase based on an extraordinary circumstance shown.
No more than $600.00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit judge and approved by the Chief Justice for extraordinary circumstance shown.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
All post-judgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a $50.00 (fifty dollars) filing fec to be paid to the Clerk of the respective Circuit Courts in the 40th Judicial District pursuant to K.R.S. 23A.200(8).
All post-judgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a $50.00 (fifty dollars) filing fec to be paid to the Clerk of the respective Circuit Courts in the 40th Judicial District pursuant to K.R.S. 23A.200(8).
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
If a case is reopened, additional Commissioner fees of no more than $200 may be assessed.
If a case is reopened additional fees totaling not more than $200.00 may be assessed.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Commissioner fees in an uncontested divorce are capped at $15.
No more than $15.00 shall be assessed in any uncontested divorce.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
The Domestic Relations Commissioner’s hearing fee is $60 per hour, assessed at $15 for each quarter hour or part of a quarter hour.
For any hearing the Domestic Relations Commissioner shall receive a fee of $60.00 per hour, assessed at a rate of $15.00 for each quarter hour or part thereof.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Commissioner fees are capped at $600 per case, regardless of the number or length of hearings, unless the Circuit judge recommends and the Chief Justice approves an increase for an extraordinary circumstance shown.
No more than $600.00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit judge and approved by the Chief Justice for extraordinary circumstance shown.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
All post-judgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a $50.00 (fifty dollars) filing fec to be paid to the Clerk of the respective Circuit Courts in the 40th Judicial District pursuant to K.R.S. 23A.200(8).
All post-judgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a $50.00 (fifty dollars) filing fec to be paid to the Clerk of the respective Circuit Courts in the 40th Judicial District pursuant to K.R.S. 23A.200(8).
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
If a case is reopened, additional fees of up to $200 may be assessed.
If a case is reopened additional fees totaling not more than $200.00 may be assessed.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Domestic Relations Commissioner fees will be treated as court costs in final decrees.
The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
The Domestic Relations Commissioner may waive collection of fees.
The Domestic Relations Commissioner may waive the collection of fecs.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
The Domestic Relations Commissioner may waive collection of fees.
The Domestic Relations Commissioner may waive the collection of fecs.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Commissioner fees are treated as part of the court costs in final decrees.
The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees.
Page 7 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER
Courtesy Copy Requirements
An attorney setting a motion must send one copy of the motion to the Circuit Judge.
The attorney shall also send a copy of the motion to the Circuit Judge.
Page 12 | C. MOTION AND NOTICE, 2. SCHEDULING MOTIONS
The attorney must send one copy of the motion to the Circuit Judge.
The attorney shall also send a copy of the motion to the Circuit Judge.
Page 12 | C. MOTION AND NOTICE
Pre-Motion Conference Requirements
If the matter is resolved before the hearing, the Domestic Relations Commissioner must be promptly notified.
If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified.
Page 7 | 7.
Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.
Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing.
Page 7 | 7.
Adjournment & Extension Requirements
A final hearing may be continued only upon a showing of good cause.
A continuance of any final hearing date shall not be granted except upon good cause shown.
Civil cases
Page 6 | 3.2
A final hearing may be continued only upon a showing of good cause.
A continuance of any final hearing date shall not be granted except upon good cause shown.
Civil cases
Page 6 | 3.3
If no party has filed a continuance motion before 14 days prior to trial, the Court may impose sanctions resulting from a continuance granted after that point.
If the case is set, and no party has filed a motion for continuance before 14 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.
Page 8 | G. SETTING OF CASES FOR TRIAL
If no party files a motion for continuance before 14 days prior to trial, the Court may impose sanctions for a continuance granted afterward.
If the case is set, and no party has filed a motion for continuance before 14 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.
Page 8 | G. SETTING OF CASES FOR TRIAL
The Commissioner may reschedule or continue a motion-hour hearing if the motion is expected to exceed 30 minutes.
If it appears that any motion scheduled on the regular motion days shall exceed 30 minutes in length, the Commissioner may reschedule or continue such hearing to a later date.
Civil cases
Page 5 | DR Rule 2
Chambers Communication Rules
Attorneys filing motions for hearing before the Circuit Judge must inform the Circuit Clerk of the time required.
2.6 The attorneys filing motions to be heard before the Circuit Judge shall inform the Circuit Clerk of the time required for said motions.
Civil cases
Page 6 | 2.6
If a motion requires more than 30 minutes, attorneys must contact the Circuit Judge's office or the Domestic Relations Commissioner's office to arrange a different hearing time.
If the motion requires more than thirty (30) minutes, the attorneys shall contact the Circuit Judge's office or the Domestic Relations Commissioner's office for a different time to hear the motion or motions.
Civil cases
Page 6 | 2.6
During regular business hours, the authorized agency or officer must present a petition to the Circuit Judge, then to the District Judge if the Circuit Judge is unavailable, and, in Monroe County, to the Trial Commissioner if both are unavailable.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The Circuit Judge, and if unavailable then to the District Judge, and if unavailable to the Trial Commissioner in Monroe County
Civil cases
Page 18 | Twenty-four Hour Accessibility
If a motion requires more than thirty minutes, the attorneys must contact the Circuit Judge's office to arrange a different hearing time.
If the motion requires more than thirty (30) minutes, the attorneys shall contact the Circuit Judge's office for a different time to hear the motion or motions.
Civil cases
Page 18 | Twenty-four Hour Accessibility, F. The schedule for domestic violence hearings
After regular business hours, the authorized agency or officer must present a petition to the Circuit Judge, then to the District Judge if the Circuit Judge is unavailable, and, in Monroe County, to the Trial Commissioner if both are unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Circuit Judge, and if unavailable then to the District Judge, and if unavailable to the Trial Commissioner in Monroe County
Civil cases
Page 18 | Twenty-four Hour Accessibility
Attorneys filing domestic-violence motions for hearing before the Circuit Judge must inform the Circuit Clerk how much time the motions will require.
The attorneys filing motions relating to domestic violence, which are to be heard before the Circuit Judge shall inform the Circuit Clerk of the time required for said motions.
Civil cases
Page 18 | Twenty-four Hour Accessibility, F. The schedule for domestic violence hearings
During regular business hours, the authorized agency or officer must present a petition first to the Circuit Judge, then to the District Judge if the Circuit Judge is unavailable, and then to the Trial Commissioner in Monroe County if both are unavailable.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The Circuit Judge, and if unavailable then to the District Judge, and if unavailable to the Trial Commissioner in Monroe County
Page 2 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present a petition first to the Circuit Judge, then to the District Judge if the Circuit Judge is unavailable, and then to the Trial Commissioner in Monroe County if both are unavailable.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The Circuit Judge, and if unavailable then to the District Judge, and if unavailable to the Trial Commissioner in Monroe County
Page 2 | Twenty-four Hour Accessibility
Attorneys must tell the Circuit Clerk how much time their motions require and, for a motion requiring more than thirty minutes, contact the Circuit Judge's office to arrange a different hearing time.
The attorneys filing motions relating to domestic violence, which are to be heard before the Circuit Judge shall inform the Circuit Clerk of the time required for said motions. If the motion requires more than thirty (30) minutes, the attorneys shall contact the Circuit Judge's office for a different time to hear the motion or motions.
Page 2 | Twenty-four Hour Accessibility
A case may be submitted by motion on Rule/Motion Day or by joint motion at any time, and the Circuit Clerk’s office must be notified when the case is ready for submission.
Cases may be submitted to the Court pursuant to a motion on Rule/Motion Day or at any time on a joint motion. In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission.
Page 8 | F. SUBMISSION OF CASES TO THE COURT
If an action set for trial settles, the parties must immediately notify the circuit clerk's office or the Court.
When any action which is set for trial is settled, the parties shall immediately notify the office of the circuit clerk or the Court of this fact.
Page 9 | SETTLED CASES
The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the court reporter or circuit clerk.
A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the court reporter or circuit clerk by the attorney filing same.
Page 9 | M. COPIES TO BE SENT TO COURT REPORTER
An attorney setting a motion must contact the appropriate clerk's office, provide the approximate hearing time, and send a copy to the Circuit Judge; failure to comply means the motion will not be heard at the specified time.
Any attorney desiring to set a motion shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion. The attorney shall also send a copy of the motion to the Circuit Judge. Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified.
Page 12 | C. MOTION AND NOTICE, 2. SCHEDULING MOTIONS
If the matter is resolved before the hearing, the Domestic Relations Commissioner must be promptly notified.
If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified.
Page 7 | 7.
Before filing a motion for hearing before the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.
Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing.
Page 7 | 7.
The Circuit Clerk's office must be notified when a case is ready for the Court to take under submission.
In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission.
Page 8 | F. SUBMISSION OF CASES TO THE COURT
When a case set for trial settles, the parties must immediately notify the circuit clerk’s office or the Court.
When any action which is set for trial is settled, the parties shall immediately notify the office of the circuit clerk or the Court of this fact.
Page 9 | SETTLED CASES
An attorney setting a motion must contact the appropriate clerk's office, state the approximate hearing time required, and send a copy to the Circuit Judge; failure to comply means the motion will not be heard at the specified date and time.
Any attorney desiring to set a motion shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion. The attorney shall also send a copy of the motion to the Circuit Judge. Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified.
Page 12 | C. MOTION AND NOTICE
The movant must tell the Clerk how much time is needed to hear the motion.
The Movant shall advise the Clerk the amount of time needed to hear the motion.
Civil cases
Page 4 | DR Rule 2 - COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Contact the Clerk to obtain the time for the listed domestic-violence hearings.
Contact Clerk for time
Civil cases
Page 18 | Twenty-four Hour Accessibility, F. The schedule for domestic violence hearings
B. Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the case is filed who will schedule a time for the hearing on the contempt motion.
B. Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the case is filed who will schedule a time for the hearing on the contempt motion.
Civil cases
Page 19 | B.
Either party must notify the Circuit Court Clerk’s Office of any change of address.
(r) Either party is to notify the Circuit Court clerk's Office of any change of address.
Civil cases
Page 23 | APPENDIX 2: TIME-SHARING/VISITATION GUIDELINES
Contact the Circuit Clerk to obtain the hearing time.
Contact Circuit Clerk for time
Page 2 | Appendix 1: Domestic Violence Protocol, Section II, Subsection F
If a motion requires more than 30 minutes, attorneys must contact the Circuit Judge's office to arrange a different hearing time.
If the motion requires more than thirty (30) minutes, the attorneys shall contact the Circuit Judge's office for a different time to hear the motion or motions.
Page 6 | Twenty-four Hour Accessibility, F
Attorneys filing domestic violence motions to be heard by the Circuit Judge must inform the Circuit Clerk how much time the motions require.
The attorneys filing motions relating to domestic violence, which are to be heard before Contact Circuit Clerk for time the Circuit Judge shall inform the Circuit Clerk of the time required for said motions.
Page 6 | Twenty-four Hour Accessibility, F
For Clinton County domestic violence hearings, contact the Clerk for the time; holiday hearings are held the following Tuesday.
Clinton County: 1st and 3 Mondays of each month Contact Clerk for time (with the exception of holidays, when the issues will be heard on the following Tuesday)
Page 2 | Twenty-four Hour Accessibility
For Monroe County domestic violence hearings, contact the Clerk for the time.
Monroe County: 3rd Wednesday of each month Contact Clerk for time
Page 2 | Twenty-four Hour Accessibility
For Cumberland County domestic violence hearings, contact the Clerk for the time; in November, the hearing is held on the third Thursday.
Cumberland County: 4th Thursday of each month Contact Clerk for time (with the exception of November, when the issues will be heard on the 3r Thursday of the month
Page 2 | Twenty-four Hour Accessibility
A party seeking a transcript must timely notify the court reporter or circuit clerk of the date it is needed.
Any party desiring a transcript shall timely notify the court reporter or circuit clerk of the date by which said transcript is needed.
Page 9 | M. COPIES TO BE SENT TO COURT REPORTER
A party who wants a transcript must timely notify the court reporter or circuit clerk of the date it is needed.
Any party desiring a transcript shall timely notify the court reporter or circuit clerk of the date by which said transcript is needed.
Page 9 | M. COPIES TO BE SENT TO COURT REPORTER
Petitioners seeking to initiate contempt proceedings should contact the clerk’s office in the county where the case is filed to schedule a hearing on the contempt motion.
Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the case is filed who will schedule a time for the hearing on the contempt motion.
Page 7 | II. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the circuit court clerk in the county where the case is filed to schedule the contempt-motion hearing.
Petitioners seeking to initiate contempt proceedings should contact: The Office of the Circuit Court Clerk in the county where the case is filed who will schedule a time for the hearing on the contempt motion.
Page 3 | II. Contempt Proceedings