Morgan County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Fax
Document Format Requirements3 rules
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.
- Self-represented parties
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.
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,
- Petition
Formatting
- •Use form AOC-275.1.
Document Filing Requirements37 rules
The Commonwealth shall make a written recommendation to the Court in response to each application .
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
When 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
Duration of the pretrial diversion shall not exceed (5) years without agreement of the petitioner . Duration of the diversion agreement shall not be less than the time required to make restitution in full
Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge.
Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.
After approval to participate, the defendant must sign a speedy-trial waiver and must have the opportunity to consult an attorney beforehand if desired.
Court's wording
Upon approval for participation in the Program, the defendant must 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 report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.
Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed as diverted".
- Document
- Official records
Must include
- •Dismissed as diverted
The petitioner's attorney must complete an adoption checklist and attach it to any notice for final hearing.
Court's wording
Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.
The clerk must grant an attorney access to a paternity case file upon receiving either the attorney's statement seeking permission or the party's signed and notarized release, for representation-related reasons.
Court's wording
Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
If a CHFS social worker is granted an ECO, the social worker is to provide a copy to the agency. A copy shall also be provided to the person seeking the ECO prior to leaving the Circuit Clerk's Office. The original ECO shall remain with the Circuit Clerk's Office.
Petitions must be submitted to the County Attorney for review, sent to the judge if rejected, and, if approved, initialed, copied to the County Attorney, and filed with the Circuit Clerk.
Court's wording
A. All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the county attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the county attorney or judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the county attorney and the original shall be filed with the Office of the Circuit Clerk.
An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client
The Court assigns a parent attorney to a parent who qualifies as indigent after submitting the specified AOC-DNA-11 forms.
Court's wording
The Court shall assign Guardian Ad Litems and, if the parent(s) qualifies as an indigent after submittal of the AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order, a parent attorneys to each case in order to facilitate consistent, high-quality advocacy representation of all parties.
Each petition must cite the specific statute and jurisdictional facts and provide full information about the child's parents and their addresses.
Court's wording
B. Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).
After a Guardian Ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse, or termination of parental rights and adoption proceedings.
All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.
When requested by the Court, both parties must file trial memoranda addressing the listed facts, issues, arguments, requested relief, exhibits, witnesses, and mediation status.
Court's wording
When requested by the Court, both Petitioner and Respondent shall file trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).
In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.
Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.
At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation.
An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request, which specifically interview with a child and specific purpose for the request. indicates the portion of the video record being requested, is an in-chamber
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address and telephone number of the attorney or party signing the paper.
- Document
- Pleading motion or other filing
Must include
- •Case number
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
All other trial by jury other than as set out in Rule 1, shall be held only by orders of the Court setting out the style of the case, date, time and place to be held .
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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
A Program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
B. Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.
Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.
The diversion order must address restitution, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the listed conduct and statutory 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 & 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.
Filing & Service rules
Filing Timing and Cure Windows
Family Court motions must be filed by 4 p.m. on the Tuesday before the scheduled Monday court session.
Family Court: Monday (first, third, fifth), 9 a.m. All motions must be filed on prior Tuesday by 4 p.m.
Page 1 | Court Schedule
An eligible person may apply for pretrial diversion after indictment, but no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | Procedure
Motions under 37FRP 201(A) must be filed and clocked by 4:00 p.m. on the preceding Wednesday.
A. All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(C) must be filed and clocked by 4:00 p.m. on the preceding Tuesday.
C. All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
Motions under 37FRP 201(B) must be filed and clocked by 4:00 p.m. on the preceding Tuesday.
B. All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
CHFS must file the original after-hours ECO with the Circuit Clerk's Office on the next working day.
Pursuant to FCRPP 19(3)(a), CHFS will file the original order with the Circuit Clerk's Office on the next working day.
Page 5 | 601 Procedure for Emergency Custody Orders
The Temporary Removal Hearing cannot be held before the day after the petition is filed, allowing time for service to be attempted.
B. The Temporary Removal Hearing shall be held no earlier than the day following the filing the petition to allow time for service to be attempted.
Page 6 | 604 Time for Temporary Removal Hearing
The Temporary Removal Hearing must be scheduled within 72 hours after an ECO is issued, excluding holidays and weekends.
A. Pursuant to FCRPP 19(3)(b), the Temporary Removal Hearing shall be scheduled within 72 hours, excluding holidays and weekends, of the issuance of an ECO.
Page 6 | 604 Time for Temporary Removal Hearing
If no response is filed within ten days after service of the Summons, Petition, and Notice of the Motion, the Court will enter the Status Quo Order.
If no response is filed within 10 days of service of the Summons, Petition and Notice of the Motion, the Status Quo Order will be entered by the Court.
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
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, KRS 403.730, KRS 456.040.
Page 12 | I. Uniform Protocol for Handling Cases, F
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 12 | I. Uniform Protocol for Handling Cases, F
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 12 | I. Uniform Protocol for Handling Cases, F
Service and Proof of Service Rules
The Court may void participation in diversion only after a hearing with notice to the Commonwealth and defendant, upon the specified showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress
Criminal cases
Page 4 | Voiding a Diversion Order
Copies of motions under 37FRP 201(B) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Wednesday.
B. All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
Copies of motions under 37FRP 201(A) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Thursday.
A. All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.
Page 3 | 202 Deadline For Serving and Filing Motions
Copies of motions under 37FRP 201(C) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Wednesday.
C. All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.
Page 3 | 202 Deadline For Serving and Filing Motions
After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.
The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 6 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
All parties must be served with notice when an attorney requests to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 6 | 606 Duty of Guardian Ad Litem and Parent Attorney to Continue
Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.
Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.
Page 7 | 701 Status Quo Orders (FCRPP 2(5))
The written motion requesting an order must be noticed to all parties and to the child’s Guardian Ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
Page 10 | 904 Request for Confidential Video Records
The clerk must hand or mail copies of the trial order to attorneys of record at least five days before trial, unless the attorneys waive the timing with the court's consent.
Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court.
Page 4 | Trial by jury
The Judge may allow the hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent.
The Judge may permit the Temporary Removal Hearing or the adjudicatory 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 petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 6 | 603 The Effects of Service on Only One Parent/Persons Exercising Custodial Control of Supervision
Filing Fees and Waivers
The $50 reopening fee is not charged for specified Title IV-D child-support motions, but applies to later child-support, custody, or visitation motions filed by a private attorney or pro se party unless the motion is in forma pauperis.
A. Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 4 | 502 Reopening Fee
Sealing & Redaction Procedures
Program records and contract-related statements are confidential, privileged, and protected from discovery and subpoena, subject to specified access for program oversight, written-consent release, and disclosure to the victim about participation.
All Program records and all statements made by a defendant to the diversion 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
Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.
Page 3 | 301 Temporary Custody Order
The clerk may not release a Family Court in-chamber interview video involving a child without a specific written order from a Family Court Judge.
Pursuant to FCRPP 17, the Circuit Court Clerk shall not release any Family Court video in-chamber interviews with children without a specific written order of a Family Court Judge.
Page 9 | 903 Video Copies of In-Chamber Interviews with Children
For covered personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted, while documents in statutorily confidential actions need not be redacted and are governed by the cited statutes.
A. In addition, all pleadings must comply with the requirements of KRS Chapters required in those chapters. However, except as set forth in paragraph B below, 205, 403, 405, 406 and 407 by providing the personal identifying information where personal identifiers, are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy of specific orders of the Court. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not e redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 9 | 902 Protection of Personal Identifiers
The Circuit Clerk may not release copies of confidential Family Court video records without a specific written order from the presiding Family Court Judge; this restriction does not apply to Paternity actions.
The Circuit Clerk shall not release any copies of Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge.
Page 10 | 904 Request for Confidential Video Records
Mediation proceedings and communications are private and confidential, except that the mediator must report abuse as required by the cited statutes.
Mediation proceedings shall be held in private and all communications, verbal or written, made in the proceedings shall be confidential. The same protection shall be given to communications between the parties in the presence of the mediator. The only exception to this Rule is that the mediator shall be responsible for reporting abuse according to KRS 209.030, KRS 209A.030 and KRS 620.030.
Page 8 | 704 Mediation
The written-order restriction does not apply to qualifying public officers or employees whose status is certified, but they may use or distribute the information only for authorized investigation or prosecution.
Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Page 10 | 904 Request for Confidential Video Records
Chambers Communication Rules
Before recommending diversion, the Commonwealth must obtain a criminal-record check from AOC Pretrial Services by phone or fax and must not send the request to the local Pretrial Services Officer.
Before making a recommendation to the Court, the Commonwealth shall : Have a criminal record check made by telephoning pretrial Services at AOC at 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
Outside working hours, including weekends and holidays, the Family Court Judge must be contacted about an Emergency Custody Order.
B. After working hours, 4:30 p.m. to 8:30 a.m. Monday through Friday and on weekends and holidays the Family Court Judge shall be contacted.
Page 5 | 601 Procedure for Emergency Custody Orders
During the stated weekday working hours, people seeking an Emergency Custody Order must come to the Circuit Clerk's Office.
A. During normal working hours, 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO), shall come to the Circuit Clerk's Office.
Page 5 | 601 Procedure for Emergency Custody Orders
The parties must contact the court's secretary about pending hearings concerning resolved issues.
The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 8 | 704 Mediation
During regular business hours, the authorized agency or officer must present a received petition to one of the listed judicial officers.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: (1.) District Court Judge (2.) Family Court Circuit Judge (3.) Circuit Court Judge (4.) Trial Commissioners of Elliott or Morgan counties.
Page 3 | II. Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present a received petition to one of the listed judicial officers.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: (1.) District Court Judge (2.) Family Court Circuit Judge (3.) Circuit Court Judge (4.) Trial Commissioners of Elliott or Morgan counties.
Page 3 | II. Twenty-four Hour Accessibility
Litigants may call or visit the Circuit Court Clerk’s office to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Counsel may call the clerk or answering service to learn whether the judge will hear motions on a scheduled date.
Counsel may then call the Clerk or the answering service and receive information in regard to whether or not the Judge will be able to hear Motions on that date .
Page 8 | MOTIONS
The Clerk of each of the counties in the district will be notified whenever possible and as soon as he determines if the Judge will not be able to hear motions on any given date .
The Clerk of each of the counties in the district will be notified whenever possible and as soon as he determines if the Judge will not be able to hear motions on any given date .
Page 8 | MOTIONS