Muhlenberg Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Phone
Document Format Requirements3 rules
All motions to be heard during regular motion hours shall be in writing
Protective-order petitions under KRS Chapters 403 and 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
- A. 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. KRS 403.725, KRS 456.030.
All motions to be heard during regular motion hours shall be in writing and filed no later than 4:00 p.m. on the Wednesday immediately preceding the Monday on which the motions are to be heard.
Document Filing Requirements6 rules
Petitioners must file a motion with the appropriate county Circuit Court Clerk’s Office to initiate contempt proceedings.
Court's wording
Petitioners seeking to initiate contempt proceedings shall follow the following: Dependent upon the county in which the protective order action is pending, by filing a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
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 within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
All judgments and orders prepared by attorneys shall be filed with the clerk and unless written objection is made within ten (10) days, the court shall sign same.
In an administrative-body appeal, the appellant’s attorney must tender a briefing order setting the specified briefing schedule.
Court's wording
In appeals from administrative bodies, the appellant's attorney shall tender a briefing order to the court which shall allow appellant to have thirty (30) days to file its brief, appellee's brief to be filed within thirty (30) days after the date on which the appellant's brief was filed, and appellant's reply brief shall be filed within fifteen (15) days after the date on which appellee's brief was filed.
Filing & Service rules
Electronic Filing Rules
The Circuit Court encourages and prefers electronic filing.
Utilization of efiling is encouraged and preferred by the Circuit Court.
Page 3 | D. Deadlines and Requirements for Filing Motions
The court encourages and prefers the use of electronic filing.
Utilization of efiling is encouraged and preferred by the court.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
Filing Timing and Cure Windows
Motions to be heard during regular motion hours must be filed by 4:00 p.m. on the preceding Wednesday.
All motions to be heard during regular motion hours shall be in writing and filed no later than 4:00 p.m. on the Wednesday immediately preceding the Monday on which the motions are to be heard.
Page 3 | D. Deadlines and Requirements for Filing Motions
Motions for regular motion hours must be filed by 4:00 p.m. on the Wednesday immediately before the Monday hearing.
All motions to be heard during regular motion hours shall be in writing and filed no later than 4:00 p.m. on the Wednesday immediately preceding the Monday on which the motions are to be heard.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
In an administrative-body appeal, the briefing order must allow the appellant thirty days to file its brief.
In appeals from administrative bodies, the appellant's attorney shall tender a briefing order to the court which shall allow appellant to have thirty (30) days to file its brief, appellee's brief to be filed within thirty (30) days after the date on which the appellant's brief was filed, and appellant's reply brief shall be filed within fifteen (15) days after the date on which appellee's brief was filed.
Civil cases
Page 2 | Appeals from Administrative Bodies
A written objection to a prepared judgment or order must be made within ten days; absent an objection, the court shall sign it.
All judgments and orders prepared by attorneys shall be filed with the clerk and unless written objection is made within ten (10) days, the court shall sign same.
Civil cases
Page 2 | Filing of Judgments and Orders
The court must review protective-order petitions immediately upon filing; petitioners should not be left waiting, and review should occur within an hour of presentation unless no judge or trial commissioner is available.
- F. 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 2 | I. Uniform Protocol for Handling Cases
Service and Proof of Service Rules
A post-decree motion must be served directly on the other party by sheriff or certified mail with return receipt requested, and the court may dismiss it if service is improper.
Anyone seeking court relief after the court has entered a decree of dissolution shall serve notice of the post-decree motion directly to the other party via service by sheriff or via certified mail, return receipt requested. The court may dismiss a post-decree motion if the party is not served properly under this rule.
Page 3 | C. Service of Post-decree Motions
The moving party must send the opposing party’s attorney a courtesy copy by first-class mail or email, but that notice does not substitute for service on the party.
The moving party shall also provide a courtesy copy to the opposing party’s attorney via regular first-class mail or electronic mail, however notice to an attorney of a post-decree motion shall be of no effect.
Page 3 | C. Service of Post-decree Motions
If service has not been made by the date of transfer, the initiating court must reissue the summons for up to fourteen days or as the court determines necessary to protect the petitioner; afterward, the court of transfer reissues it as needed.
Consistent with FCRPP 12, an emergency protective order shall continue and the summons shall be reissued by the initiating court 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 7 | I. Uniform Protocol for Processing Cases
A motion initiating post-judgment proceedings must be served on the party by certified mail, return receipt requested, and the receipt filed, unless the sheriff serves it.
Whenever serving motions upon parties (rather than attorneys) to initiate post-judgment proceedings, the motion, unless served by the sheriff, shall be mailed to the party by certified mail, return receipt requested, and the receipt filed.
Civil cases
Page 2 | Service of Post-judgment Motions
Chambers Communication Rules
During regular business hours, the authorized agency or officer must present a petition to the District Judge or Trial Commissioner, or to the Circuit Judge if neither is available.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The District Judge or Trial Commissioner If the District Judge or Trial Commissioner is not available, the Circuit Judge
Page 3 | II. Twenty-four Hour Accessibility, C
After regular business hours, the authorized agency or officer must present a petition first to the District Judge, then to the Trial Commissioner, then to the Circuit Judge, and, if none is available, to any elected or appointed District or Circuit Judge in the Commonwealth.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The District Judge. If the District Judge is not available to the Trial Commissioner. If the District Judge and Trial Commissioner is not available to the Circuit Judge. If none of these judges are available, to any elected or appointed District or Circuit Judge of the Commonwealth.
Page 3 | II. Twenty-four Hour Accessibility, D
The appellant’s attorney must notify the clerk by letter to submit the action when all briefs are filed or the briefing time has expired.
The appellant's attorney shall by letter notify the clerk to submit the action to the court when all briefs have been filed or the time expired.
Civil cases
Page 2 | Appeals from Administrative Bodies
People seeking virtual attendance, or their attorneys, must give court staff the attendee’s name and, for telephone appearances, telephone number.
Persons (or their attorneys) shall furnish to the court’s staff the attendee’s name and telephone number (if the attendee is to appear telephonically), so the person can be properly identified in the court’s virtual waiting room.
Civil cases
Page 2 | Virtual Court Appearance
A person seeking virtual attendance must formally request the court’s permission by email or telephone at least two business days before the event and show good cause.
Persons may be permitted to attend certain court sessions remotely by virtual electronic connection. The person seeking virtual attendance shall request formally (by email or by telephone to donnagregory@kycourts.net or (270) 338-5930) the court’s express permission not less than two (2) business days prior to the scheduled court event and show good cause for said request.
Civil cases
Page 2 | Virtual Court Appearance
Motions may not be placed on the docket by telephone.
No motions shall be placed on the docket by telephone.
Page 3 | D. Deadlines and Requirements for Filing Motions
A person seeking Circuit Court virtual attendance must request express permission at least two business days in advance, show good cause, contact the judge’s legal assistant, and provide the required identity information.
The person seeking virtual attendance shall formally request the court’s express permission not less than two (2) business day prior to the scheduled court event, and show good cause, according to the following procedure: a. Telephone or email the Circuit Judge’s legal assistant, at (270) 338-5930 or donnagregory@kycourts.net, and provide the name of the party requesting virtual attendance; b. The person requesting to attend remotely, or their attorney, must furnish court staff the attendee’s name and ensure, when joining the virtual court session, that the attendee’s identity is shown. If the attendee will not link to the court session by the online platform provided in the link (e.g., calls in by telephone), the telephone number to be used for attendance shall be furnished in the initial call to court staff so the person is properly identified in the court’s virtual waiting room. Failure to provide identification may result in a delay in calling the attendee’s case, a continuance of the court date, or a sanction for failure to appear; c. Good cause shall include extraordinary travel from the venue, medical emergency, conflict in another venue, or other substantial hardship, as determined in the court’s discretion.
Page 3 | E. Virtual Circuit Court Attendance
Petitioners seeking to initiate contempt proceedings should contact: Depending upon the county in which the Domestic Violence action is pending, file a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
Petitioners seeking to initiate contempt proceedings should contact: Depending upon the county in which the Domestic Violence action is pending, file a motion with the McLean or Muhlenberg Circuit Court Clerk's Office.
Page 4 | IV. Contempt Proceedings, B
Motions may not be placed on the docket by telephone.
No motions shall be placed on the docket by telephone.
Civil cases
Page 2 | Deadlines and Requirements for Filing Motions
A person seeking District Court virtual attendance must request express permission at least two business days in advance, show good cause, contact the judicial support specialist, and provide the required identity information.
The person seeking virtual attendance shall formally request the court’s express permission not less than two (2) business day prior to the scheduled court event, and show good cause, according to the following procedure: 1. Telephone or email the District Judge’s judicial support specialist at (270) 338-0997 or shannonjones@kycourts.net and provide the name of the party requesting virtual attendance; 2. The person requesting to attend remotely, or their attorney, must furnish court staff the attendee’s name and ensure, when joining the virtual court session, that the attendee’s identity is shown. If the attendee will not link to the court session by the online platform provided in the link (e.g., calls in by telephone), the telephone number to be used for attendance shall be furnished in the initial call to court staff so the person is properly identified in the court’s virtual waiting room. Failure to provide identification may result in a delay in calling the attendee’s case, a continuance of the court date, or a sanction for failure to appear;
Page 4 | 2.05. Virtual District Court Attendance