Nicholas County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Motion
- 1 copy
Document Format Requirements3 rules
Petitions seeking protection under KRS Chapter 403 or 456 must be made on form AOC-275.1.
Court's wording
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.
Those preparing tendered orders should keep the judge’s signature line on a page containing some order text and leave space on the preceding page when needed to avoid isolating the line.
Court's wording
In any tendered order the judge's signature line should not be placed so that it is on a page separate and apart from the text of the Order. At least some of the text should be visible on the page with the signature. Those preparing tendered Orders should leave space at the bottom of the preceding page when necessary to avoid isolating the signature line.
In any matter in which a form is provided by the Administrative Office of the Courts, a party may utilize the form. However, forms are not required and matters may be presented in any manner that is in compliance with the FORPP.
Document Filing Requirements36 rules
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above
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 child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.
3) The Guardian Ad Litem shall file an Answer on behalf of their client.
6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.
The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.
Termination proceedings involving two (2) or more children of the same parent(s) must proceed by separate Petitions for each child.
Petitions must name the child’s biological parents, name a putative father when either stated identification condition applies, and reflect the petitioner’s duty to make diligent efforts to locate the parents.
Court's wording
All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.
All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.
Before filing with the clerk, the petitioner must submit the petition to the County Attorney for review; if sufficient cause is found, the County Attorney files it and refers the matter for investigation if needed.
Court's wording
Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.
All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20.
Parties may seek a final dissolution decree by motion submitted directly to the Judge without a hearing notice, and the motion must include the listed waivers, agreements, verified discovery responses, proposed findings, and proposed decree.
Court's wording
Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing. The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.
Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
Any individual requesting such an Order must file a motion requesting permission to copy the video, and include an explanation of the reason for the request.
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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above
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.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER
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
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.
Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
B. 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, supervision, duration, compliance with Probation and Parole rules, and the requirement not to commit an offense during diversion.
Court's wording
B . 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 and Parole . 5. As required by K .R .S . 533 .030(1) [conditions of probation-restitution] direct the def endant not to commit any of f ense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of K .R .S . 533 .030 or any other condition the Court deems appropriate .
C . The Commonwealth shall make a written recommendation to the Court in response to each application . K .R .S . 533 .250(2) .
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 . K .R .S . 533 .252(3) .
Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion. The motion must describe the action taken to exhaust these remedies.
In any open paternity case, the parties may submit an Agreed Judgment of Paternity and an Agreed Order of Support for the Court's review and approval without filing a motion, so long as the proposed Order has been signed by all parties.
If the County Attorney rejects the petition, the Petitioner may file the petition with the Court as a private petition, and the clerk shall set the matter for the next available court date.
The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.
A preliminary disclosure statement may serve as the final statement if there are no changes or objections and notice is filed in the record.
Court's wording
A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.
The Court may include conditions requiring the petitioner to remain drug- and alcohol-free with random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.
Court's wording
C . The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2 . That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .
No video copies of any in-chamber interviews with a child shall be released by the Circuit Clerk Court without a specific written Order.
Filing & Service rules
Filing Timing and Cure Windows
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 2 | Uniform Protocol for Handling Cases
Pendleton County motions must be filed before 4:00 P.M. on the Wednesday one week before the scheduled motion docket.
All motions must be filed before 4:00 P.M. on the Wednesday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Nicholas County motions must be filed before 4:30 P.M. on the Monday one week before the scheduled motion docket.
All motions must be filed before 4:30 P.M. on the Monday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Harrison County motions must be filed before 4:30 P.M. on the Tuesday one week before the scheduled motion docket.
All motions must be filed before 4:30 P.M. on the Tuesday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Motions must be filed with the Circuit Court Clerk by close of business at least ten days before the scheduled motion hour; a holiday or clerk’s-office closure shifts the deadline to the next business day, and urgent matters may be set after the deadline only with court permission.
All motions shall be filed in the Office of the Circuit Court Clerk by the close of business, no later than ten (10) days prior to the scheduled motion hour. If the filing deadline falls on a holiday, or falls on a day when the Circuit Court Clerk's Office in that respective county is closed, then all motions shall be filed by the close of the next business day. Any urgent matters may be set after the expiration of the filing deadline only with the permission of the Court.
Page 6 | 201 Regular Motion Hour Schedule
A party may file a motion to set an adoption final hearing only after the Court receives the Cabinet for Health and Family Services report.
A party may file a motion to set a final hearing in an adoption only after a report from the Cabinet for Health and Family Services has been received by the Court.
Page 9 | 301 Setting a Final Hearing in an Adoption
The Petitioner must submit the adoption-finalization documents for Court review at least ten days before the final hearing.
The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.
Page 9 | 301 Setting a Final Hearing in an Adoption
The court must review a protective-order petition immediately upon filing, and petitioners must not be sent away or left waiting for extended periods.
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.
Page 14 | Uniform Protocol for Handling Cases
An eligible person may apply for a pretrial diversion order after indictment and no later than 30 days before trial.
A . After indictment in circuit court, and no later than 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 | III. PROCEDURE
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 2 | Uniform Protocol for Handling Cases
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
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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 14 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The motion-filing party must give the opposing party reasonable notice, or the matter will not be heard.
In all cases, the party filing the motion must provide notice to the opposing party. A matter will not be heard if the opposing party is not provided with reasonable notice.
Page 6 | 201 Regular Motion Hour Schedule
At least ten days before a contested hearing, parties must disclose intended expert witnesses and provide a list of other potential witnesses.
In any contested hearing all parties shall disclose and identify, ten days prior to the hearing date, any expert witnesses that they intend to call as a witness, and shall provide a list of all other witnesses that may be called to testify.
Page 7 | 204 Contested Motions
Parties must produce and exchange intended hearing exhibits at least ten days before the hearing.
At least ten days prior to the hearing date, the parties shall also produce and exchange any documents, correspondence, media, photographs, recordings or videos that they intend to submit as exhibits.
Page 7 | 204 Contested Motions
In nonconfidential matters, the parties must provide the child’s school with any order affecting custody or timesharing.
In any matter that is not a confidential case, the parties shall provide a copy of any order affecting custody or timesharing to the subject child's school.
Page 9 | 208 Notice to a Child's School
The Court may direct the Circuit Court Clerk, on its own initiative, to distribute an order to a school or child care facility.
The Court may, sua sponte, direct the Circuit Court Clerk to distribute a copy of an order to a school or child care facility.
Page 9 | 208 Notice to a Child's School
Courtesy Copy Requirements
A copy of each filed ex parte motion must be submitted directly to the Court.
A copy of the filed motion shall be submitted directly to the Court.
Page 8 | 207 Ex Parte Motions
Sealing & Redaction Procedures
Video of a child witness must be sealed and may be released only under conditions set by the Court on the record or by court order.
Any video of a child witness will be sealed and will only be released upon conditions set out by the Court on the record or by Order of the Court.
Page 9 | 209 Children as Witnesses