Montgomery Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • Upon Filing
Page & Word Limits1 rule
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
- Notice of service
- Up to 1 page
Document Format Requirements4 rules
all motions must be in writing
Any petition filed with this Court shall be filed on the appropriate AOC forms
- Petition
Formatting
- •Petitions must be filed on the appropriate AOC forms
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
- Protective order petition
Formatting
- •Petitions must be made on form AOC-275.1.
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.
- Petition
Formatting
- •Must be made on form AOC-275.1.
Document Filing Requirements38 rules
A petition must include the factual allegations supporting the Court's jurisdiction and full information about the child's parents and their addresses.
Court's wording
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).
CHFS must provide the FCRPP 28 information and file and provide any dispositional report using form DNA-12.
Court's wording
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
a motion to withdraw must be filed pursuant to FCRPP 26.
To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.
- Document
- Transfer order
Must include
- •Acknowledging acceptance of the case
A copy of the receipt assigning each case to a division shall be filed in the case file.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
- Document
- Motion
Must include
- •Certificate of service
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion.
Counsel shall tender a proposed order with each motion when they appear on motion day.
- Document
- Motion
Must include
- •Proposed order
No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.
Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
The Motion must state that the Respondent has ten days to file an objection to entry of said Petition.
A proposed order shall be tendered with the response.
- Document
- Response
Must include
- •Proposed order
A judgment in a foreclosure involving a mobile home with wheels and axels intact and a recorded lien must include the mobile home's VIN.
Court's wording
In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.
A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment and have
A foreclosure complaint must establish the Plaintiff's status as holder of the note and mortgage and include the listed supporting documents and affidavits.
Court's wording
Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;
MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.
scrivener's typed name and signature and shall indicate "Prepared By".
If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.
Originals of depositions shall be filed in the Court record pursuant to CR 30.06.
A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is pending.
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.
placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
In applying for pretrial diversic . ::, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2)
The diversion order must include applicable restitution, supervision status and applicable fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other conditions.
Court's wording
B. The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)
Motions must be filed one week before motion day and include defendant and judge on certificate of service.
- Document
- Motion
Must include
- •Certificate of service
Following completion of the diversion contract, the pretrial officer must submit the report and contract to the trial judge for approval, and the report must contain the specified eligibility information.
Court's wording
Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
Upon referral to the Program, the defendant shall meet with a pretrial officer to referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by the trial judge.
Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.
Court's wording
B. Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
The trial judge shall enter an order reflecting said determination.
E. Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed with prejudice".
- Document
- Official record
Must include
- •Dismissed with prejudice
All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.
- Document
- Attorney signed pleading or paper
- Placement
- Signature block
Interrogatories propounded under CR 33 and answers thereto, requests for productions or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 and answers thereto shall not be filed with the Court.
A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.
Filing & Service rules
Filing Timing and Cure Windows
Motions must be filed at least 48 hours before the scheduled hearing, excluding weekends and holidays when service is made in person.
To assist the Clerk and the Court in preparation, all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
When copies are served by mail, the motion must be filed at least five days before the scheduled hearing.
If copies to opposing counsel and the Court are served by mail, said motion must be filed no later than five (5) days prior to the date of the scheduled hearing.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Emergency Protective Orders must be filed immediately on the next available business date, no later than noon that day.
Any and all Emergency Protective Orders shall be filed immediately at the relevant Circuit Clerk's Office on the next available date when this office is open for business no later than noon on that date.
Civil cases
Page 5 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
Any dispositional report must be filed and provided at least three days before the disposition hearing.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.
All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.
Page 5 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
If no objection is filed within ten days after service of the Summons, Petition, and Order, the Court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Order, the Status Quo Order will be entered by the Court.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
A response is due 20 days from the motion's certification date.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Any assignment of the note and mortgage to the named Plaintiff must be executed before the foreclosure complaint is filed.
the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint;
Page 8 | R21C-710. FILING OF FORECLOSURE COMPLAINTS
A statement of appeal must be filed within 30 days after the first notice of appeal unless an extension motion is filed under CR 74.
If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06, within 30 days from the date of filing the first notice of appeal as provided by Cr 72.08, and no motion for extension of time is filed as provided by CR 74, the Clerk shall dismissal and remand shall be entered.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
The court must review protective-order petitions immediately upon filing; petitioners should not wait for extended periods, and review should occur within an hour of presentation unless no judge or trial commissioner is available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 13 | Uniform Protocol for Handling Cases
After regular business hours, the authorized agencies must present a petition to a judge or trial commissioner within one hour, unless none is available.
D. Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
During regular business hours, the relevant clerks must present a petition to a judge or trial commissioner within one hour, unless none is available.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
After regular business hours, authorized agencies shall present petitions to a judge or trial commissioner within one hour, unless one is unavailable.
Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
During regular business hours, clerks shall present petitions to a judge or trial commissioner within one hour, unless one is unavailable.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
Alternatively, an eligible person may apply for a pretrial diversion order within 14 days after final sentencing.
Alternatively, after a guilty plea has been entered any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order within 14 days of final sentencing .
Criminal cases
Page 2 | Procedure
An eligible person may apply for a pretrial diversion order after indictment, no later than 14 days before trial.
After indictment in circuit court, and no later than 14 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | Procedure
A reply to a motion to dismiss or summary motion is required within 20 days from the date on the certificate, after which it is submitted to the judge.
Motion to dismiss/summary are not noticed for date certain but a reply to motion is required within 20 days from date on certificate, then submitted to the judge.
Page 1 | Circuit Court Motion Days
Motions must be filed one week before motion day.
Motions must be filed one week before motion day and include defendant and judge on certificate of service.
Page 1 | Circuit Court Motion Days
During regular business hours, the relevant clerks must present a petition to a judge or Trial Commissioner within one hour, unless none is available.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21s Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 11 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
After regular business hours, the authorized agencies must present a petition to a judge or Trial Commissioner within one hour, unless none is available.
D. Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 12 | RULE 3. DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
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
Service and Proof of Service Rules
All relevant parties must receive notice of the proceedings and the reason for the motion.
All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.
Civil cases
Page 5 | RULE 4. PATERNITY
After approval, the petition must be initialed, a copy distributed to the attorney assigned to prosecute dependency actions, and the original filed with the appropriate Circuit Court Clerk.
If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the appropriate Circuit Court Clerk in the 21s Judicial District.
Civil cases
Page 6 | 501. PETITIONS
If no CHFS social worker is involved, copies of the issued ECO must be provided to the requester before they leave the clerk's office and to CHFS, while the original remains with the clerk's office.
If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.
Civil cases
Page 7 | RULE 5. DEPENDENCY NEGLECT AND ABUSE
After the hearing, CHFS must continue diligent efforts to locate and notify every person who was not served.
The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
The Juvenile Clerk must notify appointed attorneys of the temporary removal hearing date and provide copies of all relevant documents.
The Juvenile Clerk shall notify the appointed attorneys of the date for the temporary removal hearing, and provide them copies of all relevant documents.
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure.
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
CHFS must provide the dispositional report to the court and all attorneys of record at least three days before the disposition hearing.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
When a domestic violence case is transferred, the emergency protective order continues and the summons must be reissued under the stated conditions and by the appropriate court.
Consistent with FCRPP 12, when a case is transferred to another Circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740 (4), for a period to not exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner. Thereafter, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.
Civil cases
Page 10 | I. UNIFORM PROTOCOL FOR PROCESSING CASES, E
A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, and that service must be stated in the certificate of service.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
Page 4 | R21C-205. NOTICES, MOTIONS AND ORDERS
If the judge is not listed in the certificate of service, the clerk must return the motion.
judge is not listed in the certificate of service, the respective clerk is directed to return
Page 5 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
The clerk must include a copy of the Status Quo Order motion with the Summons and Petition for service.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
The Respondent must give the Petitioner notice of the motion without assistance from the clerk.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | RULE 4. DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases — District Court, Bath County
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases — District Court, Montgomery County
The judge may allow either specified hearing to proceed without service on the non-custodial parent if the record establishes CHFS diligently tried to serve all other parties.
The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.
Civil cases
Page 9 | 601. STATUS OFFENSES
Filing Fees and Waivers
The movant must pay a $50 fee to reopen a paternity case more than six months after judgment to modify support, custody, or visitation, unless the case or movant qualifies for in forma pauperis status.
Pursuant to FCRPP 14(1), a $50.00 fee shall be paid by the movant in paternity cases reopened after six (6) months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not apply to cases or movants proceeding in forma pauperis who qualify.
Civil cases
Page 5 | 402. FILING FEES
The clerk accepts cash, money orders, checks, credit and debit cards, and online ePay; checks are held for 10 days to clear and a fee applies to card payments.
Payment options: Cash, money order, check (check will be held 10 days to clear bank), credit and debit cards (fee applies). Pay online with ePay.
Page 1 | Relative Content
Courtesy Copy Requirements
A copy of each filed motion must be served or mailed to the Court.
Copies of all motions filed shall be served or mailed to the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
When filing the original written motion with the Clerk's Office, counsel must send one copy to the Court by mail, email, or hand delivery.
Counsel shall mail, e-mail or hand-deliver a copy of each written motion to the Court when the original is filed with the Clerk's Office.
Civil cases
Page 5 | 204. COPIES OF JUVENILE MOTIONS TO COURT
Sealing & Redaction Procedures
When required personal identifiers are filed, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, with access to the unredacted copy limited to authorized persons; filings in actions confidential by statute need not be redacted.
However, except as set forth in paragraph B below, where personal identifiers are required above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the which any personal data has been redacted and filing an unredacted copy in a marked and to the case, an attorney of record in the case, a judge of the court or other authorized court pleading, document, or exhibit containing personal identifiers to be accessed only by a party Services involved in child support matters attendant to the case, or a person authorized to personnel, a duly authorized employee or agent of the Cabinet for Health and Family means a Social Security number or tax-payer identification number, date of birth, or view the copy by specific orders of the court. As used in this section, "personal identifier" financial account number. not be redacted, and any access to those files shall be governed by KRS 199.570, KRS Pleadings, documents, or exhibits filed in actions deemed confidential by statute need 610.340, KRS 625.045 and KRS 625.108.
Page 6 | R21C-515. PROTECTION OF PERSONAL IDENTIFIERS IN DOMESTIC RELATIONS CASES
Program records and statements about the contract are confidential, privileged, unavailable for discovery or subpoena, and may be accessed or released only as specified, including the stated exceptions.
All Program records and all statements made by a defendant to a pretrial officer regarding the contract shall be privileged; shall not be admissible or discoverable for any purpose; shall be exempt from subpoena; and, shall be deemed confidential. However, Program staff, the trial judge, and the chief district judge may access the information for purposes of Program review, monitoring, and supervision. The information shall not be released to any other person or entity without prior written consent of the trial judge or the defendant. Nothing in this paragraph shall be deemed to prohibit release of information to the victim regarding a defendant's participation in the Program.
Criminal cases
Page 3 | II. PARTICIPATION
Pre-Motion Conference Requirements
Motions to dismiss and summary motions are not noticed for a date certain.
Motion to dismiss/summary are not noticed for date certain
Page 1 | Circuit Court Motion Days
Adjournment & Extension Requirements
After the report date, the Court will not continue a criminal case except for good cause.
After the report date, the Court will not accept or consider a plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 10 | R21C-800. CRIMINAL CASES
A motion for continuance must be made and heard before the designated report date, unless good cause is shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 10 | R21C-800. CRIMINAL CASES
The response deadline may be extended if the parties agree and the Court approves the extension.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Chambers Communication Rules
After working hours, on weekends, and on holidays, the applicable listed officials must contact the on-call judge or trial commissioner about issuing an ECO.
After working hours Monday through Friday and on weekends and holidays, the on-call District Court Judge or trial commissioner shall be contacted by CHFS, the County Attorney/Assistant County Attorney or law enforcement, as applicable, for consideration on the issuance of an ECO.
Civil cases
Page 7 | RULE 5. DEPENDENCY NEGLECT AND ABUSE
Special permission from the Judge's staff is required to place a contempt matter on the docket in another county in the 21st Judicial Circuit.
Special permission from the Judge's staff must be obtained to place said matter on the docket in another county in the 21st Judicial Circuit.
Page 10 | R21C-745. PROCEDURE ON RULES FOR CONTEMPT
The Circuit Court Clerk's Office in the respective county is a contact point for ECO assistance and will contact a judge for consideration.
assistance in obtaining an Emergency Custody Order (ECO) or, to the Office of the Circuit Court Clerk in the respective county within the 21 Judicial District who will contact the judge for consideration on whether to issue an ECO.
Civil cases
Page 7 | RULE 5. DEPENDENCY NEGLECT AND ABUSE
Counsel may set motions on the regular hearing docket or schedule lengthy motions with the Court.
Counsel may set motions to be heard on the regular hearing docket of their respective Court or in the case of lengthy motions, scheduling same with the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Call or visit the clerk’s office to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records