Nelson Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements4 rules
All exhibits intended for use at trial in both civil and criminal cases shall be marked for identification purposes prior to trial.
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.
Depositions and interrogatories shall be on 8-1/2 x 11 inch paper, shall be typewritten in pica sized type, and double spaced.
- Line spacing
- Double
- Paper size
- Letter
- Deposition
- Interrogatories
Formatting
- •Typewritten in pica sized type
A Notice of Termination by administrative discharge must use a form prescribed by the Mental Health Court.
Court's wording
If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back the appropriate circuit or district.
Document Filing Requirements134 rules
All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement.
Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date.
Criminal cases will be set for trial through an Arraignment and Discovery Order to be signed at arraignment .
statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.
(c) A statement of the claim or claims of plaintiffs, including legal theories.
(g) All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.
(d) A statement ofthe defenses or claims ofdefendants, or third parties, including legal theories.
Prior to such conference the parties or their counsel shall provide and file the following: (a) An offer of stipulated facts.
The pre-trial statement must list trial witnesses and their contact information, and provide specified subject matter, opinion, fact, and grounds disclosures for each expert who has not been deposed.
Court's wording
(b) All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers . Also, as to each expert witness who has not been deposed, the pre-trial 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 testify and a summary ofthe grounds for each opinion .
Prior to such conference the parties or their counsel shall provide and file the following: (c) All motions in limine of which counsel should reasonably be aware at that time.
(4) In jury cases, counsel shall file trial briefs and request for instructions on the first day oftrial.
Prior to such conference the parties or their counsel shall provide and file the following: (b) Statement of evidence problems likely to arise at trial, including objections to exhibits.
In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.
Before the pre-trial/settlement conference, counsel or a party must provide and file a statement confirming settlement discussions and stating the current negotiation status.
Court's wording
Prior to such conference the parties or their counsel shall provide and file the following: (d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement .
All orders and judgments shall contain a distribution list, same to include any acts required ofthe Clerk by said order orjudgment, as set out in the following example.
Within 45 days after arraignment, the Commonwealth must provide the Defendant the listed discovery materials; the provided text ends mid-sentence.
Court's wording
Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7 .24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies ofall search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure
A separation agreement or agreed judgment providing child support must attach the Kentucky child-support worksheet and the applicable ND or FOC Order.
Court's wording
Any Separation agreement or agreed judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy ofthe N D Order or the FOC Order, whichever applies .
A separation agreement or agreed judgment that deviates from the child-support guidelines must state the reason for the deviation.
Court's wording
If the child support obligation established in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212 (6), the agreement or judgment must state the reason for deviation from the Guidelines .
A motion to submit an uncontested action must include the proposed findings, conclusions, judgment and decree, and a proposed Commissioner’s Report recommending their adoption.
Court's wording
Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.
Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost ofminor child's insurance information and child care information, if any. In cases where both parties' wage information is available to the filing party the motion shall also be accompanied by a completed Child Support Worksheet .
Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.
The disclosure statement shall be in the attached form. (Appendix 2) .
A motion for trial shall certify the estimated length of time required for the hearing .
The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1
The Commissioner's Report shall be filed with the Clerk of the Court
No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
All Orders shall be accompanied by a tendered "Report" ofthe Commissioner recommending that the "Order" be signed by the presiding Judge.
If child support is paid through the Friend of the Court, the parties shall use the attached Order Setting Child Support (Appendix 3).
Any pleading not containing the case number thereon shall not be filed by the Clerk.
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties .
ALL QUESTIONS ON THIS FORM MUST BE ANSWERED IN FULL OR THE WORDS "NONE" OR "NOT APPLICABLE" (N/A) INSERTED.
The Verified Disclosure Statement must be sworn to under oath and under penalty of perjury.
Court's wording
The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .
Please attach your last Federal and State Income Tax Returns and wage statements from your employer for the last five (5) weeks, or documented evidence of earnings for the last three (3) months.
i . The husband pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing .)
If yes, attach a copy of the order to pay child support .
If yes, attach a copy of the maintenance order.
ii. The wife pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing.)
A. REAL ESTATE : (Where more than one parcel of real estate is owned, attach a sheet for all additional properties.
The real-estate entry must state its present value and include a copy of an appraisal and/or PVA printout.
Court's wording
Total present value (appraisal or assessed value): $ (Attach copy of appraisal and/or PVA printout.)
List all marital property of the parties in the appropriate sections as follows:
i. List all cash on hand, checking and savings accounts, certificates of deposit and money market accounts (attach a copy ofmost recent bank statements from each account) :
iv. List retirement, pension, stock option and profit sharing plans (attach a copy of most recent summary) :
List all specified vehicles and recreational property, including their PVA or NADA assessed value and amounts owed as of the separation date.
Court's wording
C. AUTOMOBILES, ETC. : List all automobiles of every kind, motorcycles, mopeds, four- wheelers or the likes, all boats, motors and trailers, and all other recreational vehicles of every kind, including the PVA assessed value or NADA value and amounts owed as of the date of separation.
Bonus expected : List how much expected and when.
List all non-marital property and the basis for claiming each item is non-marital.
Court's wording
List all non-marital property of every kind, whether real property or personal items, and the basis for the claim that such is non-marital (obtained prior to marriage, purchased with funds from sale of items obtained prior to marriage, inheritance, etc .).
V NON-MARITAL PROPERTY (MUST ATTACH ALL TRACING DOCUMENTS)
List all remaining household property not previously shown that is in dispute . If an agreement has not been reached in writing for the division of assets, you must list the assets .
VIII. MONTHLY EXPENSES (specify amounts)
The schedule requires applicable copies of the listed financial, income, property, support, and work documents as separate attachments.
Court's wording
IX. REQUIRED SEPARATE ATTACHMENTS : I have attached to this schedule applicable copies of A. My most recent Federal and State Tax Return (Form 1040) . B. My five (5) most recent pay stubs or earnings for three (3) months. C. A copy of my most recent child care billing. D. A copy of any real estate appraisals &/or PVA printout. E. A copy ofmy bank statements since separation . F. A copy of my most recent retirement plan summary . G. A copy of my tracing documents . H. A copy ofmy child support order on prior born children. I. A copy ofmy maintenance order. J. A copy ofmy work schedule.
I declare under penalty of perjury that the information set forth in this Verified Disclosure Statement is complete and accurate to the best of my knowledge and belief, and that this was executed on this the day of ,
CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:
- Document
- Verified disclosure statement
- Placement
- Certificate section
Include
- •Certificate of service
NOTICE: HAS A DOMESTIC VIOLENCE PETITION BEEN FILED BY EITHER PARTY DURING THE PENDENCY OF THIS ACTION? YES NO . IF YES, PLEASE FILE A COPY OF THE PETITION IN THIS CASE FILE.
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.
The Order of Diversion must address applicable restitution and supervision fees, supervision status, duration, compliance with Probation and Parole rules, and the required conduct conditions.
Court's wording
The Order of Diversion shall include : l. 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 regulation imposed by Probation and 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 recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.
Court's wording
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 533.253(3).
In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).
In addition to the requirements contained in FCRPP 9(4), any pendente lite motion for child support shall be accompanied by filing proof of the cost of the minor child's insurance and the cost of child care, if any.
In cases where both parties' wage information is available to the filing party, the motion shall also be accompanied by a completed Child Support Worksheet.
The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
Any agreed order setting pendente lite child support shall be prepared in accordance with FCRPP 9(2) and Local Rule 703 herein.
The Commissioner's report must include findings of fact and conclusions of law when required by law.
Court's wording
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.
Filing & Service rules
Electronic Filing Rules
The Circuit Clerk's Office must not accept pleadings by facsimile, except for domestic violence petitions or when the presiding judge specifically orders otherwise.
Except for domestic violence petitions, the Office of the Circuit Clerk shall not accept any pleadings by facsimile unless specifically ordered by the presiding judge.
Civil cases
Page 15 | B. Facsimiles
The Circuit Clerk will not accept pleadings by facsimile, except domestic violence petitions or when the presiding judge specifically orders otherwise.
Except for domestic violence petitions, the Office of the Circuit Clerk shall not accept any pleadings by facsimile unless specifically ordered by the presiding judge.
Civil cases
Page 15 | B. Facsimiles
Emergency protective orders may be received by facsimile when fax is available.
Said Emergency Protective Orders may be received by facsimile reproduction when available.
Page 3 | Twenty-Four Hour Accessibility
Emergency protective orders may be received by facsimile when available.
Said Emergency Protective Orders may be received by facsimile reproduction when available.
Civil cases
Page 19 | Rule 4. Domestic Violence Protocol and 24 Hour Access Policy
Filing Timing and Cure Windows
All parties must file pre-trial compliance statements no later than 60 days before trial.
Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit :
Page 4 | CHAPTER I — GENERAL
Criminal motions must comply with the filing and notice requirements referenced in Chapter III(C)(1) and (2).
Motions in criminal cases shall comport with the filing and notice requirements of Chapter III (C) (1) and (2).
Page 9 | G. Motions
A motion set for a rule day must be filed with the Circuit Clerk eight days before the rule day for which it is initially set.
Each motion to be made on a rule day shall be filed in the office of the Circuit Clerk eight (8) days preceding the rule day for which the motion is initially set .
Page 10 | C. Motion and Notice
Time for filing and serving a motion must be computed in accordance with CR 6.01.
Time for filing and service of a motion shall be computed in accordance with CR 6.01 .
Page 10 | C. Motion and Notice
In a contested divorce or legal-separation action, the parties must file a VDS within 40 days after the petition is filed.
In each contested action for divorce or legal separation, the parties shall file a Verified Disclosure Statement (VDS) no later than forty (40) days after the filing of the Petition.
Page 13 | E. Contested Actions for Divorce or Legal Separation
A party may not file a motion for mediation until that party has filed their VDS.
No motion for mediation may be filed by a party until such time as their VDS has been filed.
Page 14 | E. Contested Actions for Divorce or Legal Separation
Each party has 15 days thereafter to amend or supplement their VDS.
Each party shall have 15 days thereafter to Amend or Supplement their respective VDS .
Page 14 | E. Contested Actions for Divorce or Legal Separation
An amendment thereafter may be made only by proper motion and court ruling.
Any amendment thereafter can be made only by proper motion and ruling by the Court.
Page 14 | E. Contested Actions for Divorce or Legal Separation
A party who files objections or exceptions must notice them for hearing on the next available motion hour.
If objections or exceptions are filed, the party filing the objections or exceptions shall notice them for hearing on the next available motion hour.
Page 16 | M. Commissioner's Report
The Commissioner must prepare a report of recommendations within 60 days after a matter is submitted, including findings of fact and conclusions of law when required by law.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Page 16 | M. Commissioner's Report
Both parties must file the completed Verified Disclosure Statement with the Circuit Court Clerk within 30 days after the Petition for Dissolution of Marriage is filed.
The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .
Page 25 | Verified Disclosure Statement
If no party serves written objections on the other parties within ten days after entry of the notice, the court may adopt the Commissioner's report as submitted.
Unless written objection is served by any party on the other parties within ten days after the date of entry of this notice, the court may adopt the report of the commissioner as submitted.
Page 35 | COMMISSIONER'S REPORT
An eligible person may apply for pretrial diversion after indictment and no later than 3 days before trial.
After indictment in circuit court, and no later than 3 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 | III. Procedure
Commissioner motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.
All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.
Civil cases
Page 7 | Rule 202.A Domestic Relations Commissioner
If service is made in person, motions must be filed and served at least 48 hours before the scheduled hearing, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Civil cases
Page 8 | Rule 205 District Court - Motion and Notice
If copies to opposing counsel are served by mail, the motion must be filed at least five days before the hearing.
If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.
Civil cases
Page 8 | Rule 205 District Court - Motion and Notice
The Commissioner must prepare a report within 60 days after a matter is submitted, including findings of fact and conclusions of law when required by law.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
All parties must file the required pre-trial compliance materials no later than 14 days before the final hearing.
Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:
Civil cases
Page 14 | B. Pre-trial Compliance
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.
Civil cases
Page 18 | Uniform Protocol for Handling Cases
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.
Civil cases
Page 18 | Uniform Protocol for Handling Cases
During regular business hours, the Circuit Clerk's Office must immediately present a received petition for domestic violence relief as directed by the protocol.
Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following:
Page 2 | Twenty-Four Hour Accessibility
The court must review a protective-order petition immediately upon filing.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
The assessment, Notice of Eligibility form, and pertinent information must be completed and submitted to the Mental Health Court team before the defendant's next scheduled court appearance.
The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.
Criminal cases
Page 6 | Section 5. Eligibility and Assessment
An eligible person may apply for pretrial diversion after indictment, but no later than three days before trial.
After indictment in circuit court, and no later than 3 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 | III. Procedure
Motions before the Domestic Relations Commissioner must be filed at least eight days before the scheduled motion day.
All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
When service is in person, motions must be filed and served at least 48 hours before the hearing, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Civil cases
Page 8 | Rule 205. District Court - Motion and Notice
If copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.
If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.
Civil cases
Page 8 | Rule 205. District Court - Motion and Notice
The Commissioner must prepare a report of recommendations within 60 days after a matter is submitted.
The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
All parties must file the required pre-trial materials no later than 14 days before the final hearing.
Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:
Civil cases
Page 14 | B. Pre-trial Compliance
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available.
Petitions shall 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 20 | Rule 4. Domestic Violence Protocol and 24 Hour Access Policy
Failure to file a completed disclosure statement at least 10 days before mediation could result in sanctions.
Failure of a party to file a completed disclosure statement at least ten (10) days prior to mediation could result in sanctions deemed appropriate by the Domestic Relations Commissioner.
Page 14 | E. Contested Actions for Divorce or Legal Separation
If no objections or exceptions are filed, the report is automatically submitted to the presiding Judge on the 11th day after notice of filing is served.
If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding Judge on the eleventh day after the notice of the filing of the Report was served on the parties .
Page 16 | M. Commissioner's Report
The time for filing and serving a motion must be computed under Civil Rule 6.01.
Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.
Civil cases
Page 7 | Rule 202.C Computing Deadline
If no objections or exceptions are filed, the Report is automatically submitted to the presiding judge on the eleventh day after notice of its filing is served.
If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding judge on the eleventh day after the notice of the filing of the Report was served on the parties.
Civil cases
Page 11
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.
Civil cases
Page 18 | Uniform Protocol for Handling Cases
Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless their unavailability makes review impossible.
E. Petitions shall 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 4 | Twenty-Four Hour Accessibility
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Compute the time for filing and serving a motion under Civil Rule 6.01.
Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, C. Computing Deadline
Service and Proof of Service Rules
The Clerk must distribute orders to the persons listed under DISTRIBUTION by an authorized method and certify the distribution with a check mark, initials, and date.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom ofthe distribution list.
Page 7 | M. Distribution of Orders
Each motion must be served on opposing counsel or, if the opposing party is unrepresented, on that party.
Each motion shall be served on opposing counsel or a party, ifnot represented by counsel.
Page 10 | C. Motion and Notice
Post-final-judgment motions must initially be brought by show cause rule and served on the party as provided by CR 4.04.
All post final judgment motions shall initially be brought by show cause rule with service to be perfected on the party as set forth in CR 4.04.
Page 12 | CHAPTER IV, C. Motion and Notice
The parties must exchange expected trial witness lists and exhibits no later than 14 days before trial.
No later than fourteen (14) days prior to the trial date, the parties shall exchange witness lists and exhibits expected to be introduced at trial .
Page 15 | J. Trials
After the report is filed, the Clerk must serve notice of filing and a copy of the report on every party who has appeared.
The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy ofthe Report upon all parties who have appeared in the action.
Page 16 | M. Commissioner's Report
A party may serve written objections to the Commissioner's report on the other parties within ten days after entry of the notice.
Within ten (10) days of the entry of this notice, any party may serve written objections to the report upon the other parties .
Page 35 | COMMISSIONER'S REPORT
The court may void a person's participation in pretrial diversion only after a hearing and with notice to the Commonwealth and the defendant, upon the specified showing.
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 | V. Voiding, a Diversion Order
Motions before the presiding judge must be served on opposing counsel or on the party if that party is unrepresented.
All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.
Civil cases
Page 7 | Rule 202.B Presiding Judge
A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.
If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.
Civil cases
Page 7 | Rule 202.D Post Judgment Motions
Commissioner motions must be served on the Commissioner and opposing counsel, or on the opposing party if unrepresented.
All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.
Civil cases
Page 7 | Rule 202.A Domestic Relations Commissioner
If service is made in person, motions must be served at least 48 hours before the scheduled hearing, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Civil cases
Page 8 | Rule 205 District Court - Motion and Notice
After the report is filed, the Clerk must serve notice of filing and a copy of the report on all parties who have appeared in the action.
The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
The redacted copy must be served on the respondents.
The redacted copy shall then be served on the respondents).
Civil cases
Page 15
The Clerk's Office must distribute an unredacted copy of the child support order to the parties and, if applicable, the child enforcement agency.
The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.
Civil cases
Page 15
The Clerk must distribute orders to the persons listed under DISTRIBUTION by mail, delivery, or placement in attorneys' assigned receptacles, and mark, initial, and date the distribution list to certify the distribution.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Civil cases
Page 16 | C. Distribution of Orders
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 12. Voluntary Termination
The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.
The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 10 | Section 11. Involuntary Termination from Mental Health Court
A post-judgment motion must be served on the party as prescribed by Civil Rule 4.04.
If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, D. Post Judgment Motions
Motions before the presiding judge must be served on opposing counsel, or on an unrepresented party.
All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, B. Presiding Judge
Motions before the Domestic Relations Commissioner must be served on the Commissioner and opposing counsel, or on an unrepresented party.
All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
When service is in person, motions must be served at least 48 hours before the hearing, excluding Saturdays, Sundays, and holidays.
All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.
Civil cases
Page 8 | Rule 205. District Court - Motion and Notice
The Clerk must serve notice of the filing and a copy of the report on all parties who have appeared.
who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
The Clerk's Office must distribute an unredacted child support order to the parties and, if applicable, the child enforcement agency.
The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.
Civil cases
Page 15
The redacted copy must then be served on the respondents.
The redacted copy shall then be served on the respondents).
Civil cases
Page 15
The Clerk must distribute orders to the persons listed under DISTRIBUTION by mail, delivery, or placement in attorneys' assigned receptacles, and certify the distribution with a check mark and initials and date.
The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Civil cases
Page 16 | C. Distribution of Orders
Service of a subpoena by law office personnel or a party is considered a cost when the sheriff would be compensated for similar service.
L. Service of Subpoena by Law Office Personnel or Party: 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 7 | L. Service of Subpoena by Law Office Personnel or Party
A party may serve written objections or exceptions on the other parties within 10 days after service of notice that the report was filed.
Within ten (10) days after being served with Notice of the filing of the Report, any party may serve written objections or exceptions thereto upon the other parties .
Page 16 | M. Commissioner's Report
A copy of a motion need be served on the Court only when the motion may be contested; a motion simply to set a matter for trial need not be served on the Court.
served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).
Civil cases
Page 9 | Rule 2. Court Scheduling/Motion Hour/Procedures for Filing
The rule contemplates service of motion copies on opposing counsel by mail, with a five-day filing deadline when that method is used.
If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.
Civil cases
Page 8 | Rule 205. District Court - Motion and Notice
A copy of a motion need be served on the Court only when its subject matter may be contested.
served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).
Civil cases
Page 9 | Rule 2
A party may serve written objections or exceptions on the other parties within 10 days after being served notice that the Commissioner's Report was filed.
Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
A party may serve written objections or exceptions to the Commissioner's Report on the other parties within 10 days of being served with notice that the report was filed.
Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.
Civil cases
Page 10 | Rule 702. Commissioner's Pendente Lite Report
Filing Fees and Waivers
The required fee listed in Appendix 1 must be attached when copies of motions are provided to the Commissioner.
Copies of all motions with attached required fee (Appendix 1) shall be provided to the Commissioner by mailing or delivering same to the Commissioner at his/her office .
Page 12 | CHAPTER IV, C. Motion and Notice
A motion to submit an uncontested action must be accompanied by the Commissioner’s $15.00 fee.
Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.
Page 13 | Uncontested actions
The party filing a motion for trial must advance one-half of the Commissioner's fees, charged at $60 per hour, for the certified time.
The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1 and advancement of one-half ( 1/2) of the Commissioner's fees ($60.00 per hour) for the time certified.
Page 15 | I. Trial Dates
The opposing party must pay its one-half share of the Commissioner's fees when the trial date is set.
Opposing party shall pay their one-half ( 1/2) at the time the trial date is set.
Page 15 | I. Trial Dates
Actions involving indigents are heard by the Commissioner without a fee.
(4) All actions involving indigents shall be heard by the Commissioner without a fee.
Page 17 | N. Commissioner's Fees
Commissioner's fees must be prepaid, and any remaining billing is due upon receipt.
(2) The Commissioner's fees shall be pre-paid to the Commissioner as set forth above. Any remaining billing shall be due upon receipt .
Page 17 | N. Commissioner's Fees
A motion will not be heard by the Commissioner unless a copy is pre-filed with the Commissioner and accompanied by the $20 fee.
(3) No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.
Page 17 | N. Commissioner's Fees
A motion before the Domestic Relations Commissioner must include a $15 fee payable to the Clerk, unless the party may proceed in forma pauperis; additional hearing fees are due at the conclusion of the case.
In addition, the motion shall be accompanied by a $15.00 Commissioner fee tendered to the Clerk's Office, payable to the Clerk, on behalf of the Commissioner, unless the party has been granted leave to proceed in forma pauperis. This fee, authorized by FCRPP 4(5), shall be applied as the fee for the first 15 minutes or any portion thereof spent in the hearing on the motion. Any remaining fees due for time spent in the hearing shall be due upon the conclusion of the case.
Civil cases
Page 7 | Rule 202.A Domestic Relations Commissioner
In a county-attorney-initiated paternity or IV-D action, a respondent filing a complaint to request custody or time-sharing/visitation must pay the filing fee to the clerk under FCRPP 14(2).
In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).
Civil cases
Page 9 | Rule 5. Paternity and IV-D Actions
Commissioner’s fees are assessed at $15 per quarter hour or part thereof, initially divided equally, billed after the last appearance, and due to the clerk within five days; a party may seek a different allocation at the final hearing.
C. Commissioner's Fees: In matters involving a hearing, Commissioner's fees shall be assessed to the parties pursuant to FCRPP 4(5) at the rate of $15.00 per quarter hour or part thereof. The Commissioner shall provide counsel or parties, if unrepresented, with a billing at the conclusion of the last court appearance before the Commissioner. Initially, the fees shall be assessed in equal shares to the parties subject to same. However, at the final hearing, either party may move for a modification in the percentages paid. Pursuant to FCRPP 4(5), the parties shall have five days to pay the Commissioner's fees to the clerk following the last appearance in front of the Commissioner. If a payment is not timely paid, the Clerk shall notify the presiding judge who shall require the party to show cause as to why he or she should not be held in contempt.
Civil cases
Page 11 | Commissioner's Fees
A motion before the Domestic Relations Commissioner must include a $15 fee, unless the party has leave to proceed in forma pauperis; any remaining hearing fees are due at the conclusion of the case.
In addition, the motion shall be accompanied by a $15.00 Commissioner fee tendered to the Clerk's Office, payable to the Clerk, on behalf of the Commissioner, unless the party has been granted leave to proceed in forma pauperis. This fee, authorized by FCRPP 4(5), shall be applied as the fee for the first 15 minutes or any portion thereof spent in the hearing on the motion. Any remaining fees due for time spent in the hearing shall be due upon the conclusion of the case.
Civil cases
Page 7 | Rule 202. Circuit Court - Motion and Notice, A. Domestic Relations Commissioner
The respondent must pay the filing fee to the clerk when filing the complaint in this situation.
In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).
Civil cases
Page 9 | RULE 5. PATERNITY AND IV-D ACTIONS
The Circuit Clerk does not collect filing fees for a paternity or IV-D action initiated by the county attorney on behalf of the Commonwealth.
Whenever the county attorney initiates a paternity action or a IV-D action on behalf of the Commonwealth, the Office of the Circuit Clerk does not collect any filing fees
Civil cases
Page 9 | Rule 5. Paternity and IV-D Actions
Restitution must be paid in person by cash or in person or online through ePay by credit/debit card; checks and money orders are not accepted, and card payments include a processing fee.
Restitution: Cash payments must be made in person. Credit/debit card payments (includes processing fee) can be made in person or online with ePay. Checks and money orders are not accepted.
Page 1 | Restitution
Drop-box payments must be made by check or money order in an envelope with a copy of the citation; the payment must identify the citation or case number and be payable to the Nelson Circuit Clerk, and cash is prohibited.
You may use our drop box located to the left of the Nelson County Justice Center near the parking spaces. DO NOT PLACE CASH IN THE DROP BOX. You must place an envelope including a copy of your citation and a check or money order with your citation/case number on it, made payable to the Nelson Circuit Clerk.
Page 1 | Payment Options
Payments covering multiple cases must include written instructions allocating the payment among the case numbers.
If you are paying for multiple cases, please include written information to indicate how much money should be applied to each case number.
Page 1 | Payment Options
Supervision and probation fees must be paid in person by cash or credit/debit card; card payments include a processing fee, and checks and money orders are not accepted.
Supervision/Probation Fees: Cash and credit/debit payments (including a processing fee) must be made in person. Checks and money orders are not accepted.
Page 1 | Supervision/Probation Fees
You may also pay in person at Window #1 and/or Window #2 in the Office of the Circuit Court Clerk with cash, a money order, a check, or a credit/debit card (includes a processing fee). However, for restitution payments, checks and money orders are not accepted
You may also pay in person at Window #1 and/or Window #2 in the Office of the Circuit Court Clerk with cash, a money order, a check, or a credit/debit card (includes a processing fee). However, for restitution payments, checks and money orders are not accepted
Page 1 | Payment Options
The Commissioner may apportion fees as appropriate under KRS 403.220.
(1) The Commissioner may apportion fees as appropriate pursuant to KRS 403 .220 .
Page 17 | N. Commissioner's Fees
Payments may be made online through ePay.
Payment Options: You can pay online through ePay.
Page 1 | Payment Options
The Circuit Clerk does not collect filing fees when the county attorney initiates a paternity or IV-D action on behalf of the Commonwealth.
Whenever the county attorney initiates a paternity action or a IV-D action on behalf of the Commonwealth, the Office of the Circuit Clerk does not collect any filing fees
Civil cases
Page 9 | RULE 5. PATERNITY AND IV-D ACTIONS
Courtesy Copy Requirements
Copies of all motions must be provided to the Commissioner by mail or delivery to the Commissioner’s office.
Copies of all motions with attached required fee (Appendix 1) shall be provided to the Commissioner by mailing or delivering same to the Commissioner at his/her office .
Page 12 | CHAPTER IV, C. Motion and Notice
Sealing & Redaction Procedures
Access to the specified unredacted sealed petitions and child support order is limited to the listed parties, attorneys and their staff, and judicial officers and their staff.
5. The Circuit Clerk shall allow the unredacted sealed copies of the petition for dissolution of marriage, the petition for custody and/or time-sharing/visitation, and the child support order to be accessed only by a party to the case, an attorney of record in the case, the staff of an attorney of record in the case, a judge of the court, and/or the judge's staff.
Civil cases
Page 15
Child support orders must be sealed as directed by the parties under the DISTRIBUTION heading.
4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the 'DISTRIBUTION" heading to seal the child support order.
Civil cases
Page 15
In other documents, pleadings, or exhibits, parties must redact personal identifiers that are statutorily required or present in the materials, in accordance with Civil Rule 7.03(1)(b).
6. In any other documents, pleadings, or exhibits where personal identifiers are required by statute or are contained therein, the parties shall redact the personal identifiers in accordance with Civil Rule 7.03(1)(b).
Civil cases
Page 15
When a statute requires personal identifiers in specified dissolution or custody petitions, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
3. Whenever personal identifiers are required by statute to be identified in the petition for dissolution of marriage or the petition for custody and/or time-sharing/visitation, the parties shall comply with Civil Rule 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.
Civil cases
Page 15
Documents in a participant's Mental Health Court case file must remain confidential and may not be released except for documents specified in Section 18.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.
Criminal cases
Page 12 | Section 17. Confidentiality
Parties must redact statutory or included personal identifiers from other documents, pleadings, and exhibits in accordance with Civil Rule 7.03(1)(b).
6. In any other documents, pleadings, or exhibits where personal identifiers are required by statute or are contained therein, the parties shall redact the personal identifiers in accordance with Civil Rule 7.03(1)(b).
Civil cases
Page 15
Access to the specified unredacted sealed documents is limited to the listed parties, counsel and staff, and court personnel.
5. The Circuit Clerk shall allow the unredacted sealed copies of the petition for dissolution of marriage, the petition for custody and/or time-sharing/visitation, and the child support order to be accessed only by a party to the case, an attorney of record in the case, the staff of an attorney of record in the case, a judge of the court, and/or the judge's staff.
Civil cases
Page 15
All child support orders must be sealed as directed to the Circuit Clerk's Office.
4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the "DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).
Civil cases
Page 15
For the specified petitions when statutes require personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
3. Whenever personal identifiers are required by statute to be identified in the petition for dissolution of marriage or the petition for custody and/or time-sharing/visitation, the parties shall comply with Civil Rule 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.
Civil cases
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The clerk is asked to seal the order.
Clerk - please seal this Order
Civil cases
Page 23
Adjournment & Extension Requirements
After a case is set for trial, the Court will grant continuances reluctantly and only for extraordinary reasons.
Once a case is set for trial, continuances will be reluctantly granted by the Court and only for extraordinary reasons .
Page 4 | CHAPTER I — GENERAL
In Hart and LaRue Counties, hearings exceeding 30 minutes will be continued by the Court to a date and time certain.
Any hearing which will exceed 30 minutes will be continued by the Court to a date and time certain.
Page 4 | CHAPTER I — GENERAL
In Nelson County, hearings exceeding 15 minutes will be continued by the Court to a date and time certain.
Any hearing which will exceed 15 minutes will be continued by the Court to a date and time certain.
Page 4 | CHAPTER I — GENERAL
Chambers Communication Rules
When an action set for trial settles, the parties must immediately notify the Office of the Circuit Clerk.
When any action which is set for trial is settled, the parties shall immediately notify the Office of the Circuit Clerk of this fact .
Page 6 | I. 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.
A copy of any Notice ofAppeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter by the attorney filing same.
Page 6 | J. Copies To Be Sent to Court Reporter
For a criminal record check, contact AOC Pretrial Services by telephone or fax; do not send the request to the local Pretrial Services Officer.
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 | D. Before making a recommendation to the Court
Notify the Circuit Clerk’s Office when a case is ready for the Court to take it under submission.
The Office of the Circuit Clerk shall be notified when a case is ready for the Court to take it under submission.
Page 4 | CHAPTER I — GENERAL
A party requesting a transcript must timely notify the Court Reporter of the date by which it is needed.
Any party desiring a transcript shall timely notify the Court Reporter of the date by which said transcript is needed.
Page 6 | J. Copies To Be Sent to Court Reporter
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk’s Office during regular business hours and, after hours, should contact the authorized agencies or officers.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Civil cases
Page 22 | IV. Contempt Proceedings
Petitioners should contact the Circuit Clerk's Office during regular business hours to initiate contempt proceedings; after hours, they should contact the agencies or officers authorized in the protocol.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 6 | IV. Contempt Proceedings
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours, or the authorized agencies or officers after hours.
B. A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Page 5 | Contempt Proceedings
To access case records, call or visit the county Office of Circuit Court Clerk.
The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county. Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Call the listed number to schedule an appointment to post a property bond.
Property Bonds: Please call 502-348-3648 and we will schedule an appointment to accept the bond.
Page 1 | Property Bonds
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours, or the authorized agencies/officers after hours.
A petitioner seeking to initiate contempt proceedings should contact the Circuit Clerk's Office during regular business hours. If it is after regular business hours, the petitioner should contact the agencies/officers that are authorized herein.
Civil cases
Page 21 | Contempt Proceedings