Ohio County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements3 rules
A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.
- Motion for order of protection
Formatting
- •Must be made on form AOC-275.1.
(a) A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.
PREFERED FORMAT FOR JUDGMENT & ORDERS OF SALE TO SHOW THE DATE AND TYPE OF SERVICE ON THE DEFENDANT(S).
Document Filing Requirements39 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 .
The diversion order must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the defendant’s obligation not to commit an offense and to comply with applicable statutory or court-imposed 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 . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
when diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
If it is accepted, a specific finding shall be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
If the Court is uncertain as to whether it will accept the agreement without benefit of a Pre- Sentence Report, a partial presentence investigation shall be conducted by the Division of Probation and Parole, and a partial presentence report shall be prepared and presented to this court on a date certain for when this case is set down on the court docket for review
A motion submitted for determination without oral hearing must include a brief supporting statement and the notice specified in LRP 13.
Court's wording
If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.
Any such response shall include a brief written statement supporting the respondent's position on the motion.
An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard used and attach a copy.
Court's wording
Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.
Except for the specified emergency and protective-action exceptions, a party seeking ex parte custody-related relief must provide the listed information under oath to the extent of their knowledge.
Court's wording
Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.
For an uncontested adoption, the petitioner must tender proposed findings of fact, conclusions of law, and judgment before requesting a final hearing date.
Court's wording
Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.
Witnesses shall be identified by name, address, and summary of anticipated testimony.
A domestic violence action shall be assigned a "D" case number and trailer number within the court case management system and may not be consolidated with any other case type.
- Document
- Domestic violence action
Must include
- •Case number
A petition must be verified by the circuit clerk, an oath-authorized official, or an individual authorized by the protocol when the clerk's office is closed or inaccessible due to an emergency.
Court's wording
The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
- Document
- Motion
Must include
- •Proposed order
A notice for a motion filed under CR 78(2) must state the prescribed text, including that no oral hearing is requested and the motion has been served on all parties, including the client.
Court's wording
(7) All motions that do not require a hearing may now be filed pursuant to CR 78(2). The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."
Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy
- Document
- Order
- Placement
- Certificate section
(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.
All agreed orders shall be forwarded to the Clerk of the respective Court for the Judge's signature without the neccssity of noticing the same for placement on the motion day docket.
In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.
The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.
All orders shall contain a distribution list or language similar to that as set out in the following cxample:
(2) No cases will be set for trial without motion and notice by the moving attorney.
A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
The mediator shall file a report with the Court setting out the results of the mediation conference.
The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.
A case management conference order shall be entered by the Court setting out the date and time of the conference along with the items that must be filed prior to the conference.
The staff attorney shall preparc a report that sets out the resolved and unresolved issues, the parties, and the attorneys that appeared at the conference, along with any other relevant information that was discussed at the conference.
An order recusing the Judge and transferring the case from one Division to the other will be entered with both Judges signing off on that order.
If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.
The title opinion must accurately describe the property and include the listed title, ownership, lien, and tax information; the available text ends during the final tax-information requirement.
Court's wording
(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of
Specific costs payable other than those recited specifically in judgment and order of sale or opinion of title that will not be included in a party's motion for fees and costs, must be disclosed to the Commissioner before motion for distribution.
5. Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.
To tender proposed instructions to the Court and opposing counsel;
Posting, display advertising, professional auctioneer service, and on-site sale require a specific order and budget; do not include posting in the order of sale without a budget, and posting is not required by law.
Court's wording
(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget. Pleasc note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).
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 .
When the circuit clerk's office is closed or inaccessible due to an emergency, the listed officials and shelter or crisis-center personnel may provide and verify petitions.
Court's wording
When the local circuit clerk's office is closed or otherwise inaccessible due to an emergency, the following individuals are authorized to provide and verify petitions: law enforcement officers and dispatchers, jailers and their employees, Commonwealth's attorneys and staff, county attorneys and staff, and employees and agents of regional rape crisis centers and domestic violence shelters.
Any person authorized to administer oaths, including, but not limited to, a notary public, may verify petitions at any time.
Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.
Filing & Service rules
Electronic Filing Rules
When a certified document must be filed, the filing party must e-file a scanned copy and submit the certified hard copy to the clerk for filing in the paper file.
When the law requires the filing of a certified document, e.g., KRS 199.490(2) (requiring certified copies of orders terminating parental rights to be filed with adoption petition), in addition to filing the scanned document in the eFiling system as required, the filing party shall submit the certified hard copy to the clerk, and the clerk shall file the hard copy conventionally in the paper file.
Page 3 | LRP 6 Filing Certified Documents
Designated regional domestic violence shelters and rape crisis centers may electronically file protection-order petitions where electronic filing is available.
Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 3 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Agreed orders may be sent to the Court for signature by U.S. Mail or email, and emailed orders are considered originals.
Agreed Orders may also be mailed to the Court for its signature either by U.S. Mail or E-mail. E-mail orders shall be considered as original orders.
Page 7 | AGREED ORDERS
Designated regional domestic violence shelters and rape crisis centers may electronically file protective-order petitions where electronic filing is available.
Regional domestic violence shelters designated under KRS 209A.045 and regional rape crisis centers designated under KRS 211.600 may electronically file petitions for orders of protection where available.
Page 10 | III. TWENTY-FOUR HOUR ACCESSIBILITY
Filing Timing and Cure Windows
After indictment, an eligible person may apply to the circuit court and the Commonwealth for a pretrial diversion order, but must do so no later than three days before trial.
After indictment in circuit court, and no later than three (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
Except for good cause, a motion must be filed with the circuit clerk at least five business days before its hearing.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
A party wishing to object, request an oral hearing, or otherwise respond to a motion submitted without oral hearing must file its response within 10 days of the motion's filing.
Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
Motions must be filed and received by the Clerk’s Office, and served, by close of business on the third business day before motion day; nonconforming motions are omitted from the docket, and weekends do not count as business days.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | MOTION PRACTICE
For motions filed under CR 78(2), the Clerk places the motion on the next available motion day after ten days from filing, allowing time for written objections or hearing requests.
"This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."
Page 5 | MOTION PRACTICE
The prevailing party must tender the corrected order to the Court within five business days after the ruling when the tendered order does not accurately reflect the ruling.
(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.
Page 6 | CIVIL ORDERS TO BE SIGNED IN CHAMBERS
If the attorneys or parties take no action after notice, an order of dismissal is to be entered when 30 days have elapsed from service of the notice.
If notice is given and the attorneys or partics fail to take any action pursuant thereto, an order of dismissal shall be entered as a matter of course at the expiration of thirty (30) days from service of notice to dismiss.
Page 10 | DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
A written objection to dismissal must be filed before the scheduled dismissal date.
A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.
Page 10 | DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
All non-dispositive motions must be filed by the date specified in the order.
3. All non-dispositive motions shall be filed on or before
Page 24 | Pretrial Order
All dispositive motions must be filed and heard on or before the Pretrial Conference date.
4. All dispositive motions shall be filed and heard on or before Pretrial Conference date.
Page 24 | Pretrial Order
Discovery must be completed by the date specified in the order; further discovery is prohibited afterward unless permitted on motion showing good cause.
1. Discovery shall be completed on or before No additional discovery will be permitted thereafter except upon motion for good cause shown.
Page 24 | Pretrial Order
Counsel must review trial depositions for objections before trial, and objections must be received by the Court at least 24 hours before the scheduled Pretrial or they are waived.
Prior to trial, all depositions to be used at Trial are to be reviewed by counsel for objections. Objections not received by the Court at least 24 hours prior to the scheduled Pretrial shall be deemed waived.
Page 24 | Pretrial Order
No motion may be filed or heard after the Pretrial absent good cause shown.
7. Counsel shall appear at the Pretrial conference prepared to discuss all pending motions and settlement of the case. No motions shall be filed or heard subsequent to the Pretrial without good cause shown.
Page 24 | Pretrial Order
The court must review a petition for an order of protection immediately after it is filed.
(e) The court shall review a petition for an order of protection immediately upon its filing.
Page 2 | II. UNIFORM PROTOCOL
Except for good cause, hearings on regular motion days are limited to 20 minutes per action.
Except for good cause shown, hearings on regular motion days are limited to 20 minutes per action.
Page 5 | LRP 12 Time Limitation on Motion Day Hearings
The circuit clerk must docket the motion for consideration on the next regular motion day occurring after 10 days from filing.
The circuit clerk shall docket the motion for the Court's consideration on the next regular motion day occurring after 10 days from the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
Orders without a “Have Seen” are held by the Court for three days after receipt so opposing counsel may object before signing and entry.
such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.
Page 6 | CIVIL ORDERS TO BE SIGNED IN CHAMBERS
After a civil action has had no steps indicating an intent to prosecute for one year, the Court may dismiss it for want of prosecution at the Plaintiff's cost.
When any civil action has remained on the docket for one (1) year without any steps being taken indicating an intention to prosccute said action, the Court on its own Motion or on the Motion of either party may dismiss the action for want of prosecution at the cost of the Plaintiff.
Page 10 | DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
Service and Proof of Service Rules
After a hearing, with notice to the Commonwealth and to 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 .
After a hearing, with notice to the Commonwealth and to 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
Except for good cause, a motion must be served on each party who is not in default at least five business days before its hearing.
Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.
Page 5 | LRP 11 Motion Filing Deadline
If a motion requests an attorney's withdrawal, the attorney must also serve the motion on the client on or before filing.
If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
The movant must serve the motion on each party who is not in default on or before the filing date.
The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion.
Page 6 | LRP 13 Submission and Determination of Motion without Oral Hearing
In contested adoptions and involuntary termination petitions, the parties must exchange intended exhibit and witness lists no later than 14 days before the final hearing, unless otherwise ordered or affirmatively waived.
No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing.
Page 8 | LRP 18 List of Exhibits and Witnesses in Contested Adoption or Involuntary Termination
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner.
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner.
Page 11 | IV. ASSIGNMENT OF ACTIONS
The moving party must serve the motion and proposed order on all other attorneys of record or unrepresented parties within a reasonable time, generally by hand service within three days.
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.
Page 5 | MOTION PRACTICE
All motions must be served by close of business on the third business day before motion day; Saturdays and Sundays do not count as business days.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
Page 5 | MOTION PRACTICE
A party filing written objections must send all parties notice to appear before the Court on the next regularly scheduled motion day.
If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.
Page 6 | MOTION PRACTICE
The Clerk must distribute signed judgments and orders to the listed persons by mail or delivery and certify distribution with a check mark, initials, and date.
The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Page 7 | DISTRIBUTION OF ORDERS
The Clerk must give notice of an entered dismissal order to appeared attorneys of record or to unrepresented parties.
Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.
Page 10 | DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
The Clerk must serve notice of the intention to dismiss on appeared counsel or, when a mailing address is known, on the parties.
It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.
Page 10 | DISMISSAL OF CIVIL ACTIONS [CR 77.02(2)]
A copy of the withdrawal motion and hearing notice must be served on the client.
A copy of the motion and notice shall be served upon the client.
Page 13 | WITHDRAWAL OF ATTORNEYS
The Commonwealth must provide defense counsel all available discovery by the discovery pretrial conference.
The Commonwealth will provide the Defendant's counsel with all available discovery on or before the discovery pretrial conference.
Page 17
Defense counsel must provide reciprocal discovery to the Commonwealth as soon as practicable after receiving discovery.
Defense counsel shall provide reciprocal discovery to the Commonwealth as soon as practicable after receipt of the discovery.
Page 17
Serve copies of judicial-sale motions and accompanying judgments and orders of sale on the Master Commissioner as on other nondefaulting parties under CR 5.
Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.
Page 19 | JUDICIAL SALES
The moving party must arrange for a qualifying title opinion to be served on the Master Commissioner before sale scheduling, or may have the Commissioner hire a familiar title attorney to provide one.
(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.
Page 19 | JUDICIAL SALES
To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the Commissioner with the fee-approval order before the motion for distribution.
For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.
Page 20 | JUDICIAL SALES
The defendant's experts must be named by the date specified in the order.
B. Defendant's experts) shall be named by .
Page 24 | Pretrial Order
A. Plaintiff's expert(s) shall be named by
A. Plaintiff's expert(s) shall be named by
Page 24 | Pretrial Order
Witness names must be exchanged by the date specified in the order; undisclosed witnesses may not testify unless permitted on motion showing good cause.
2. Names of all witnesses shall be exchanged no later than Witnesses who are not disclosed shall not be permitted to testify except upon motion for good cause shown.
Page 24 | Pretrial Order
Counsel must meet before the Pretrial to exchange exhibits and be prepared to discuss their admission, authenticity, or limited purposes; exhibits not exchanged may not be admitted.
6. the Court as to what exhibits can be agreed to for admission, authenticity, or other limited Counsel shall meet prior to the Pretrial to exchange exhibits and be prepared to discuss and advise purposes. Exhibits that are not so exchanged shall not be admitted.
Page 24 | Pretrial Order
If the adverse party has not been served by the date of transfer, the initiating court must re-issue the summons for no more than 14 days, unless the court determines another period is necessary to protect the petitioner.
Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner.
Page 4 | IV. ASSIGNMENT OF ACTIONS
Include the judge on all copy lists.
Please list the judge on all copy lists.
Page 18 | PROTOCOL FOR OBTAINING COURT DATES FOR SPECIAL JUDGE CASES THAT ARE NOT WITHIN THIS CIRCUIT
(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc.
(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc.
Page 19 | JUDICIAL SALES
Sealing & Redaction Procedures
(1) In non-confidential actions, an attorney or party filing a document subject to the redaction requirements of CR 7.03(1), or containing the name of a minor child, shall also file an
(1) In non-confidential actions, an attorney or party filing a document subject to the redaction requirements of CR 7.03(1), or containing the name of a minor child, shall also file an
Page 2 | LRP 5 Filing of Unredacted Document Subject to CR 7.03(1)
Access to the unredacted copy under seal is limited to the listed authorized persons.
unredacted copy of the document under seal. The unredacted copy may 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 (CHFS) involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the court.
Page 3 | I. GENERAL PROVISIONS
Filings in confidential actions do not need to be redacted.
(2) In confidential actions, it is not necessary for filings to be redacted.
Page 3 | I. GENERAL PROVISIONS
Adjournment & Extension Requirements
A criminal case will not be continued because of a conflict in another court that arises after the trial date is first set.
Cases will not be continued for any conflicts in other courts arising after the date the trial is first set.
Page 16 | GENERAL TRIAL MATTERS
The parties may not extend an order-established date by stipulation; any modification requires a motion and an order.
10. There will be no extension of any date established by this order by stipulation of the parties. A motion and order are required for any modification.
Page 24 | Pretrial Order
A continuance of the Trial date will be granted only for good cause, on motion signed by the attorneys and their clients.
No continuance of the Trial date will bc granted without good cause, by motion and signed by the attorney(s) and their clients).
Page 24 | Pretrial Order
Failure to make discovery available in good faith may result in a continuance, dismissal, or exclusion of the undisclosed evidence at trial.
Failure to make good-faith discovery available to the Commonwealth's attorney or to defense counsel may result in a continuance, dismissal of the case, or a ruling that the evidence not furnished may not be introduced at trial.
Page 17
Chambers Communication Rules
If the issue is resolved before the telephonic conference, the Judge's secretary must be notified immediately.
Resolution of the issuc prior to the t elephonic conference shall be immediately reported to the Judge's secretary.
Page 15 | TELEPHONE CONFERENCES
After agreeing to a telephonic conference, the requesting attorney must obtain possible times from the Judge or secretary, communicate them to opposing counsel, and confirm the agreed time with the secretary.
Upon agreeing that the motion may be heard by the Court by telephonic conference, the attorney desiring a telephonic conference on a motion or a matter pending before the Court shall contact the Judge or the Judge's sccretary for a possible convenient time(s) for the telephonic conference. Upon receiving the possible date(s) and time(s) of the telephonic conference, the attorney shall communicate this to opposing counsel, and thereafter shall confirm with the Judge's secretary of the agreed upon date and time for the telephonic conference so the conference can be entered on the Judge's calendar.
Page 15 | TELEPHONE CONFERENCES
The attorney requesting a telephonic conference must initiate the call.
The attorney requesting a telephonic conference shall initiate the call.
Page 15 | TELEPHONE CONFERENCES
Before trial, attorneys must advise clients and witnesses about courtroom decorum, including that they must not attempt to discuss pending matters with the Court.
Attorneys shall advise clients and witnesses in advance of trial of proper courtroom decorum, including the IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT.
Page 16 | GENERAL TRIAL MATTERS
Attorneys must instruct clients, witnesses, and interested parties that ex parte communications with the Court about pending or future matters are improper.
Attorneys shall instruct their clients, witnesses, or any intcrested partics of the impropriety of ex parte communications with the Court concerning any matter that is pending or may be heard in the future by the Court.
Page 17
If an attorney determines that he or she will be late for Court, that attorney should call the Clerk's Office or the Judge's Office to inform the Court that he or she will be late.
If an attorney determines that he or she will be late for Court, that attorney should call the Clerk's Office or the Judge's Office to inform the Court that he or she will be late.
Page 4 | Motion Days
Telephone conferences will not be scheduled on a motion day.
No telephone conferences will be scheduled on a motion day.
Page 15 | TELEPHONE CONFERENCES
Motions presenting only legal issues may be heard by telephone if all attorneys agree; witness testimony may be taken by phone in an emergency only with prior Court approval.
Any motions involving issues of law in which no testimony of a witness will be taken may be heard by telephonic conference upon agreement of all attorneys representing parties in the case. With prior Court approval, the Court may allow testimony by phone of witnesses in cases involving an emergency.
Page 15 | TELEPHONE CONFERENCES
If counsel learns of improper conduct toward the jury during jury selection or trial, counsel should promptly bring it to the Court's attention.
At any time during the selection of a jury or the trial of a case, if an attorney should learn of any improper conduct by a party or any person toward the jury or any member thereof, this matter should be promptly brought to the attention of the Court.
Page 16 | GENERAL TRIAL MATTERS
Counsel is expected to fully and fairly disclose to the Court known probable grounds for disqualifying a prospective juror that voir dire might not reveal.
The Court will expect counsel to make a full, frank and fair disclosure to the Court of any probable disqualification of a prospective juror for any reason which is known by counsel and would not necessarily be brought out in a voir dire examination.
Page 16 | GENERAL TRIAL MATTERS
After selecting a court date, call the Special Judge's secretary so the hearing can be docketed on the judge's calendar.
Once you have your court date selected, call the Special Judge's secretary to inform her of the date and so the hearing can be docketed on the Special Judge's calendar.
Page 18 | PROTOCOL FOR OBTAINING COURT DATES FOR SPECIAL JUDGE CASES THAT ARE NOT WITHIN THIS CIRCUIT
Call the presiding Special Judge's secretary to obtain two or three potential hearing dates.
Call the presiding Special Judge's secretary and obtain 2-3 potential court dates.
Page 18 | PROTOCOL FOR OBTAINING COURT DATES FOR SPECIAL JUDGE CASES THAT ARE NOT WITHIN THIS CIRCUIT
If a regular motion-day hearing may exceed 20 minutes, the parties may contact Court personnel or request a separate hearing date; Court personnel may be contacted by phone at (270) 298-3433.
If the parties anticipate that a hearing on a regular motion day may not be completed in 20 minutes or less, the parties may contact Court personnel to obtain a separate hearing date or may request a separate hearing date from the Court during the motion day. Court personnel may be contacted by phone at (270) 298-3433.
Page 5 | LRP 12 Time Limitation on Motion Day Hearings
Parties may contact the local circuit clerk's office for court schedule information.
Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 11 | IV. ASSIGNMENT OF ACTIONS
Parties may contact the local circuit clerk's office for information about the court schedule.
Parties may contact the local circuit clerk's office for information regarding the court schedule.
Page 4 | IV. ASSIGNMENT OF ACTIONS
If a requester cannot bring a motion for advance hearing, they may contact Court personnel directly by phone at (270) 298-3433 to request remote appearance.
(c) if the requester is unable to bring a motion before the Court for hearing in advance of the proceeding at which the requester seeks to appear remotely, by contacting Court personnel directly. Court personnel may be contacted by phone at (270) 298-3433.
Page 3 | LRP 7 Remote Appearance at Court Proceeding