Oldham Circuit Court
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements5 rules
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth. See RCr 4.40.
(e) Motions for Judgments and Orders of Sale shall be substantially in the form appended herein.
Formatting
- •Substantially follow the form appended herein
Pursuant to FCRPP 15, to the extent not otherwise specified, any order entered in a dependency, neglect and abuse action shall be on the appropriate AOC forms.
The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.
- Response
Formatting
- •A response by the Commonwealth must be in writing
The official AOC form may be utilized for compliance with this rule.
Document Filing Requirements106 rules
Counsel seeking withdrawal generally must obtain relief by written motion and notice, but the Court may permit an oral motion for good cause if the litigant's interests are not adversely affected.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.
In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
The Commonwealth and the Defendant must represent to the Court that a good faith effort has been made to resolve the matters complained of in the indictment.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
- Document
- Transport order
Must include
- •With appropriate times and locations
Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.
Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.
- (a) Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.
Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.
Each listed motion must be accompanied by a memorandum of authority, subject to the stated exceptions.
Court's wording
6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.
An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.
Submit written instructions reflecting the parties’ then-current understanding of the issues and law at or before the Pre-Trial Conference.
Court's wording
- c. At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;
A proposed order or judgment shall be tendered with any motion.
- Document
- Motion
Must include
- •Proposed order
Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
(d) In an action involving the property of a party before the Court by constructive service alone, Plaintiff must comply with CR 4.11 regarding Bond.
(b) Plaintiff's Counsel shall file with the Motion an Affidavit of Military Service for each constructively served Defendant.
If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.
(a) If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately.
If an unmentioned mobile home is identified, the Master Commissioner must notify the moving party and pause the sale until the issue is addressed by an Amended Complaint or further court order.
Court's wording
(c) In the event the “appraisal” report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.
Before a sale, the appraisal must be prepared by two qualified disinterested persons and be written and signed by its preparers.
Court's wording
(f) Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.
(b) If it is known that a mobile home is located on the real estate, then the record title holder and lien holder, if different from the record owner of the real estate, shall be made a party to the action.
A party electing to pay delinquent taxes directly must provide the Court an affidavit served on the Commissioner’s Office that lists the specified tax and lien information and attaches proof of payoff.
Court's wording
If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner’s Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
Should the property be occupied at the time a Deed is issued, Buyer must obtain a writ of possession to set out the occupants; no judgment shall automatically result in possession.
The party who sought judgment and an order of sale must prepare proposed Orders of Distribution and set them for Motion Hour.
Court's wording
All motions for proposed “Orders of Distribution” shall be prepared by the party who sought judgment and order of sale. All proposed “Orders of Distribution” shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.
Orders of Distribution must state the amounts collected, including the advance costs deposit, itemize all fees and costs, and substantially comply with the appended form.
Court's wording
Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution and shall substantially comply with the form appended herein.
If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.
Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.
B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY _____ FAMILY COURT CASE NO.: _____
Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490;
The Petition shall be filed pursuant to KRS Chapter 199, and, in accordance with FCRPP 30 and 31, a guardian ad litem (GAL) shall be appointed for the child(ren) unless the provisions of KRS 199.480(3) are met.
and every petition for termination of parental rights shall comply with the requirements for termination of parental rights cases as set out in KRS 625.020 et seq.
Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
- Document
- Final paperwork
Must include
- •Proposed order
Any expenses paid by the prospective adoptive parent(s) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parent(s) along with a tendered order approving expenses.
An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.
The Petition shall be filed pursuant to KRS 199.470, 199.490, 199.502, and FCRPP 31.
Any Petition for adoption with consent shall be filed pursuant to KRS 199.470, 199.490, 199.500 and FCRPP 31.
A. In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).
Every petition in a Termination of Parental Rights action shall comply with the requirements set forth in KRS 625.020 et. seq.
A domestic violence order petition must conform to KRS 403.725.
Court's wording
- B. Each petition for a domestic violence order shall conform with the requirements of KRS 403.725, and each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.
A DVO or IPO petition must be verified.
Court's wording
- A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.
A party requesting approval of an agreement establishing paternity for a person outside the marriage must submit a Three-Way Paternity Affidavit Form (VS-8C).
Court's wording
In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).
An attorney seeking to review or copy a paternity case file for representation purposes must submit a written, signed request to the Clerk stating the reason for the request.
Court's wording
An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request.
Before a hearing on a listed motion may be scheduled, the parties must submit a Stipulation of Facts.
Court's wording
No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.
All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.
Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.
After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.
An emergency custody order request must be written and accompanied by an affidavit containing the AOC-DNA-2.1 contents and alleging dependency, abuse, or neglect.
Court's wording
Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect.
CHFS will file the original order with the 12th Judicial Family Court Clerk's Office
Before seeking an Emergency Custody Order, the petitioner must have the Petition reviewed by the appropriate CHFS office and County Attorney for the sufficiency of its allegations.
Court's wording
Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12th Judicial Family Court Rule 603 below.
In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.
A petition must first undergo County Attorney legal-sufficiency review; if rejected, it goes to the Family Court Judge, and an approved petition must be initialed for filing.
Court's wording
The Petition shall first be submitted to the County Attorney's Office who shall check the Petition for legal sufficiency. If the Petition is rejected by the County Attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the Judge determines that the Petitions fails to state grounds for action pursuant to KRS Chapter 620, the Petition shall be dismissed. If the Petition is approved, the County Attorney or Judge, as appropriate, shall initial the Petition for filing.
Petitions must comply with FCRPP 19 and contain the contents of official form AOC-DNA-1.
Court's wording
All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.
Petitions must contain the AOC-DNA-1 form contents, jurisdictional statutory citations and factual allegations, and full parent contact information; petitioners must diligently try to locate the parents, including by contacting the County Attorney's Child Support Division.
Court's wording
Any petition filed with this Court shall contain: - 1. The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; - 2. Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and - 3. Full information concerning the child's parents and their address(es), email address(es), and phone number(s). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.
The Dispositional Report shall be submitted on form AOC-DNA-12.
Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.
Any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.
All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.
All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.
Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy 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 .
Filing & Service rules
Electronic Filing Rules
Pleadings may not be delivered to the Circuit Clerk or the Court by facsimile.
No pleadings shall be delivered to the Circuit Clerk or the Court by facsimile.
Page 8 | 6.2 Electronic Filing
Civil pleadings must be filed in accordance with the applicable Supreme Court Rules requiring electronic filing.
All pleadings shall be filed in accordance with the Rules of Civil Procedure and in accordance with the applicable Supreme Court Rules requiring electronic filing.
Page 8 | 6.2 Electronic Filing
Faxed pleadings will not be accepted unless the Family Court Judge has given prior approval.
The Clerk is instructed not to accept faxed pleadings unless prior approval by the Family Court Judge.
Page 4 | 205 Faxed Pleading
Parties may file motions through the e-filing system, and motions filed in compliance with its protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 9 | 6.7 Courtesy Copies
Filing Timing and Cure Windows
The parties must follow the deadlines in the Order Scheduling Jury Trial.
It is mandatory the parties follow the deadlines set forth in the Order Scheduling Jury Trial.
Page 4 | 5. CRIMINAL PROCEEDINGS
Motions may not be filed on the morning of trial unless the Court grants leave.
No motions may be filed the morning of the trial without leave of the Court.
Page 5 | 5.6 Jury Trials
A transport order for an incarcerated subpoenaed witness must be submitted at least seven days before the desired appearance.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
Page 6 | 5.11 Transportation of Incarcerated Defendants/Witnesses
Unless the Court directs otherwise, requests to docket a case and notices of motions must be filed at least 7 days before the Motion Docket.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.
Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.
Page 9 | 6.8 Filing Deadline
The listed motions must be noticed, served, and filed at least ten days before the hearing, except as provided for judicial sales and for motions to dismiss in cases initiated by an incarcerated individual.
6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
The Master Commissioner must sell the property within 90 days after the referral order, except that vacant and abandoned property is sold under KRS 426.205.
(a) The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property within ninety (90) days after the date of the order of referral except that property found to be "vacant and abandoned" shall be sold in accordance with KRS 426.205.
Page 13 | 8.2 General Requirements
Motions for Default and/or Summary Judgment and Order of Sale must be filed at least 30 days before the noticed hearing date.
(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.
Page 13 | 8.1(c)
Counsel must file motions for judgment on defendants' cross-claims at least seven days before the noticed Judgment and Order of Sale motion; claims not reduced to judgment within that time face the stated limitations or dismissal.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion. Any Defendant who does not reduce their claims to Judgment within the above time frame will be limited to pre-litigation fees per KRS 134.452, principal, and interest. Any other claim not submitted for judgment will be dismissed.
Page 13 | 8.1(c)
The appraisal must be filed in the court record before the sale.
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.
Page 14 | 8.2 General Requirements
A party taking exception to the Report of Sale must file the exceptions with the Court within ten days after the report is filed.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
The Master Commissioner must file the report of sale with the Court no later than three business days after the sale.
No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale
Page 15 | 8.4
Motions must be filed by the preceding corresponding weekday: by 4:00 P.M. for in-person filing or by 11:59 P.M. for e-filing.
B. Motions shall be “filed” with the Clerk’s office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: - 1. For Motion Hour on a Monday, file by preceding Monday. - 2. For Motion Hour on a Tuesday, file by preceding Tuesday. - 3. For Motion Hour on a Wednesday, file by preceding Wednesday. - 4. For Motion Hour on a Thursday, file by preceding Thursday. - 5. For Motion Hour on a Friday, file by preceding Friday.
Page 4 | 203 Deadline for Serving and Filing Motions
If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 p.m. on the prior business day.
C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.
Page 4 | 203 Deadline for Serving and Filing Motions
Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.
D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.
Page 4 | 203 Deadline for Serving and Filing Motions
Counsel must tender final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, 14 days before the hearing unless the Court orders otherwise.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
Page 5 | 302 Orders Setting Final Hearing
CHFS and other agency reports must be filed within 90 days after the petition is filed.
Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.
Page 5 | B. Reports
After the statutory periods are met, petitioner’s counsel must file a motion on the regular DNA docket with notice to all necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
Page 5 | C. Hearing Dates
A hearing must be held within 60 days after a motion for a trial date.
A hearing shall be held within sixty (60) days of a motion for a trial date.
Page 6 | 305 Involuntary Termination with Adoption — D. Hearings
DVO and IPO petitions must be filed during regular work hours at the specified county Circuit Clerk's Office; listed officials and organizations may provide and verify petitions in emergencies outside normal business hours.
- A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse. Pursuant to KRS 403.725(4) and KRS 456.030(4), all law enforcement officers, Commonwealth's Attorneys, County Attorneys, regional rape crisis centers, or domestic violence shelters are authorized to provide and verify domestic violence petitions in emergencies arising outside normal business hours of the Circuit Clerk's offices.
Page 7 | 401 Procedures for Filing and Obtaining a Domestic Violence Order or Interpersonal Protective Order
The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.
In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.
Page 7 | 310 Involuntary Termination of Parental Rights
A written objection and hearing request for one of the listed paternity motions must be filed within seven days of the date shown on the motion's Certificate of Service.
- B. The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: - 1. Motion for Appointment of Guardian ad Litem - 2. Motion to Request for Approval of Guardian ad Litem fee - 3. Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 - 4. Motion to Submit to DNA testing.
Page 8 | 501 Motion Practice
The listed paternity motions must be noticed for motion hour and filed seven days before the requested date.
- D. The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: - 1. Motion to Establish Child Support - 2. Motion to Establish Parenting Time - 3. Motion to Modify, Suspend, or Terminate Child Support - 4. Motion to Determine Child Support Arrearage - 5. Motion for Contempt - 6. Motion for Summary Judgment - 7. Motion for Judgment of Paternity.
Page 8 | 501 Motion Practice
The affidavit must be presented to the judge with any other documentation when the request is filed.
The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request.
Page 10 | 602 Procedure for Emergency Custody Orders
If not filed with the ECO, the petition must be filed within 72 hours after the child is taken into custody in the same case file as the ECO and affidavit.
If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.
Page 11
Dispositional reports must be filed one week before the dispositional hearing.
All dispositional report(s) shall be filed one (1) week in advance of the dispositional hearing.
Page 12 | 608 Disposition Hearing
In dissolution matters involving minor children, the Proof affidavit or interrogatories must not be signed until 60 days have elapsed from service or the Respondent’s entry of appearance.
The Proof affidavit or interrogatories shall not be signed prior to the expiration of 60 days from the date of service or entry of appearance by the Respondent in Dissolution matters where there are minor children.
Page 14 | 702 Appearances, Waivers, Disclosures, Pleadings and Agreements
A pre-trial memorandum must be filed by the deadline prescribed in the Court’s order setting pre-trial deadlines.
Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Page 16 | 705 Procedures for Obtaining a Final Trial Date
The pre-trial memorandum must be submitted 14 days before the trial date.
_____ Petitioner's OR _____ Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)
Page 22 | Appendix B
An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.
6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.
Page 24 | Appendix C — Trial Order
The listed trial-preparation information must be filed at least fourteen days before trial.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: - a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; - b. A list of all witnesses that may be called to testify; and - c. A list of all exhibits that may be introduced.
Page 24 | Appendix C — Trial Order
Required documents, including final disclosure statements, must be filed by the deadlines set in the applicable rules.
7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.
Page 24 | Appendix C — Trial Order
Status and Paternity motions must be filed by 4 p.m. on the preceding Thursday.
Status & Paternity: Thursday (second), 9 a.m. Deadline for filing motions is preceding Thursday, 4 p.m.
Page 1 | Court Schedules: Family Court
DNA motions must be filed by 4 p.m. on the preceding Thursday.
DNA: Thursday (first, fourth), 9 a.m. Deadline for filing motions is preceding Thursday, 4 p.m.
Page 1 | Court Schedules: Family Court
Family Court divorce motions must be filed by 4 p.m. on the preceding Friday.
Family Court Divorce Motions: Friday (first, third, fourth), Deadline for filiing motions is preceding Friday, 4 p.m.
Page 1 | Court Schedules: Family Court
Motions for the Circuit Civil schedule must be filed by 4 p.m. on the preceding Friday.
Deadline for filing motions is preceding Friday, 4 p.m.
Page 1 | Court Schedules: Circuit Civil
The Commonwealth has an opportunity to respond within ten days after the motion is presented at the initial hearing.
The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.
Page 6 | 5.12
Mailed or emailed motions are not recognized until the original is received and filed by the appropriate Circuit Clerk.
Parties may mail or e-mail to the Court prior to the hearing date for informational purposes, but mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.
Page 9 | 6.7 Courtesy Copies
Time periods are calculated in calendar days unless another rule specifies otherwise.
Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.
Page 4 | 203 Deadline for Serving and Filing Motions
- C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
- C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
Page 8 | 402 Violations of Domestic Violence Order or Interpersonal Protective Orders
If trial is rescheduled, this Trial Order remains in effect and its scheduling requirements apply to the new date.
8. In the event the trial is rescheduled, this Trial Order remains in effect and in all scheduling requirements contained herein shall be applicable to the rescheduled date.
Page 24 | Appendix C — Trial Order
Witnesses and exhibits must be identified at least fourteen days before trial to be permitted, unless good cause is shown.
4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.
Page 24 | Appendix C — Trial Order
Service and Proof of Service Rules
A motion to withdraw must be served on the client.
(with copy of said motion served upon the client)
Page 4 | 4. APPEARANCES BY COUNSEL
Unless the parties agree, a motion to change bond conditions must include appropriate notice to the Commonwealth.
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth. See RCr 4.40.
Page 5 | 5.9 Continuation of Bond
Unless the Court directs otherwise, requests to docket a case and notices of motions must be electronically served on opposing counsel at least 7 days before the Motion Docket.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
The listed motions must be served at least ten days before the hearing, subject to the Rules for Judicial Sales and the stated exception for motions to dismiss in cases initiated by an incarcerated individual.
6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Make all owners and taxing authorities with a claim or interest in the property parties to the action and duly serve them with process.
All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.
Page 12 | 8.1 Motions for Default and/or SummaryJudgment and Order of Sale
Counsel must serve motions for judgment on defendants' cross-claims at least seven days before the date noticed for the Judgment and Order of Sale motion.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.
Page 13 | 8.1(c)
A party taking exception to the Report of Sale must serve the exceptions on all parties entitled to notice and on the Master Commissioner within ten days after the report is filed.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
If the party elects to pay delinquent taxes directly, it must serve the required affidavit upon the Commissioner’s Office.
If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner’s Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
Page 15 | 8.4
Proposed Orders of Distribution must be served on non-defaulting parties and the Master Commissioner with at least ten days’ notice before Motion Hour.
All proposed “Orders of Distribution” shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.
Page 15 | 8.5 Orders of Distribution
The Master Commissioner must serve a copy of the report of sale on each party entitled to notice no later than three business days after the sale.
No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.
Page 15 | 8.4
When the specified tax disbursements are to be made, a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.
If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.
Page 16 | 8.5 Orders of Distribution
Motions in circuit actions must be served with notice on the other parties or counsel at least seven calendar days before the county’s scheduled Motion Hour, except for good cause shown.
A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be “served” with Notice to the Other Parties and or Counsel seven (7) days prior to each county’s scheduled Motion Hour, except for good cause shown
Page 3 | 203 Deadline for Serving and Filing Motions
The motion must be filed with notice to all necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
Page 5 | C. Hearing Dates
The petitioner must serve the order setting the pretrial date on the parents and GAL with the Petition and Summons.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
A copy of the order setting the pretrial date must be served on any appointed counsel immediately after appointment.
A copy of the Order shall be served upon any appointed counsel immediately following appointment.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
If the Cabinet for Health and Family Services is a party or provides benefits to the child, it must be notified before an agreed order is submitted to the Court.
However, if the Cabinet for Health and Family Services is a party to the action and/or is providing benefits to the child, then the Cabinet shall be notified prior to submission of an agreed order to the Court.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.
If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.
Page 10 | 602 Procedure for Emergency Custody Orders
A copy shall also be provided to the person seeking the ECO.
A copy shall also be provided to the person seeking the ECO.
Page 10 | 602 Procedure for Emergency Custody Orders
A copy must be distributed to the County Attorney's Office, and the original must be filed with the Family Court Clerk's Office.
A copy shall be distributed to the County Attorney's Office and the original shall be filed with the 12th Judicial Family Court Clerk's Offices.
Page 11 | 603 Petition for Dependency, Neglect or Abuse
The original ECO must remain with the clerk, and a copy must be provided to the person seeking it.
The original ECO shall remain with the 12th Judicial Circuit Court Clerk's Office and a copy shall also be provided to the person seeking the ECO.
Page 11
The clerk must notify the listed parents or custodians, county attorney, CHFS, guardian ad litem, and counsel of the temporary removal hearing.
The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.
Page 12 | 605 Temporary Removal Hearing
By the business day after filing, the clerk must mail or provide a petition copy to the listed parents or custodians, agencies, counsel, and guardian ad litem.
When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.
Page 12 | 603 Petition for Dependency, Neglect or Abuse
The person requesting the order must give notice to all parties, including any child’s Guardian ad Litem.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child’s Guardian ad Litem, if any, and set forth the purpose for the request.
Page 18 | 904 Request for Confidential Video Records
Each party must exchange the listed trial-preparation information with the other party at least fourteen days before trial.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: - a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; - b. A list of all witnesses that may be called to testify; and - c. A list of all exhibits that may be introduced.
Page 24 | Appendix C — Trial Order
The parties must exchange all documents required by the applicable rules, including final disclosure statements.
7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.
Page 24 | Appendix C — Trial Order
The Judge may allow either hearing to proceed without service on the non-custodial parent if diligent efforts to serve all other parties are established on the record; the petitioner must continue efforts to locate and notify unserved persons, who retain their defenses.
The Judge may permit the Temporary Removal Hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties. The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.
Page 12 | 604 The Effects of Service on Only One Parent/Person Exercising Custodial Control or Supervision
When a protective-order case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons; if service is incomplete, the DVO or IPO remains effective for the stated period, subject to the court’s determination, and the transfer court reissues the summons as needed.
Domestic violence matters may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending. Consistent with KRS 403.725 when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court and, if applicable and if service has not been made as of the date of transfer, the DVO or IPO shall remain in effect for a period not to exceed fourteen (14) days from transfer or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 2 | Protective Order Case Processing
Filing Fees and Waivers
The listed payment options are cash, check, money order, credit card (for an additional fee), and online payment with ePay.
Payment options: Cash, check, money order and credit card (for additional fee). Pay online with ePay.
Page 1 | Relative Content
Bond must be paid in cash.
Cash required for bond.
Page 1 | Relative Content
Participating parties incur no additional cost for criminal mediation.
Criminal mediations are conducted at no additional cost to the participating parties.
Page 12 | 7.3 Criminal Matters
Courtesy Copy Requirements
Parties may send motions to the Court by mail or email before the hearing for informational purposes, but those copies are not recognized as motions until the original is received and filed.
Parties may mail or e-mail to the Court prior to the hearing date for informational purposes, but mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.
Page 9 | 6.7 Courtesy Copies
Sealing & Redaction Procedures
All Adoption and Termination of Parental Rights proceedings must be confidential.
All Adoption and Termination of Parental Rights proceedings shall be confidential.
Page 6 | 306 Confidentiality
Temporary Custody Orders under KRS 199.473(7) must be sealed and unavailable for inspection by anyone other than the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be sealed and not opened to inspection by persons other than the Parties to such proceedings and their counsel.
Page 6 | 307 Temporary Custody with Intent to Adopt
Access to the unredacted sealed copy is limited to the listed case participants, authorized personnel, and persons specifically authorized by court order.
The Clerk of Court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the Court or other authorized Court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the Court.
Page 18 | 902 Protection of Personal Identifiers
Unless the statutory-confidentiality exception applies, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope when covered filings contain personal identifiers.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-styled chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 18 | 902 Protection of Personal Identifiers
The Clerk’s Office may not release copies of confidential Family Court video records without a specific written order from the Family Court Judge.
The 12th Judicial Circuit Court Clerk’s Office shall not release any copies of 12th Judicial Family Court confidential video records without a specific written order from the Family Court Judge.
Page 18 | 904 Request for Confidential Video Records
The stated Section 904 restriction does not apply to public officers or employees.
Pursuant to KRS 610.340(2), this shall not apply to public officers or employees
Page 18 | 904 Request for Confidential Video Records
Filings in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited rules and statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by the 12th Judicial Family Court Rule 504 and by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Page 18 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
For the listed motions, an opposing party has twenty days from service to file a response brief and the moving party is allowed seven days thereafter to file a reply brief; the stated incarcerated-case exception applies to motions to dismiss.
6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Default-judgment motions for failure to plead or defend stand submitted upon filing and are not noticed for motion hour, unless the Court determines a hearing is necessary under CR 55.01.
- C. Motions for Default Judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall stand submitted upon filing and shall not be noticed for motion hour; however, if the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned.
Page 8 | 501 Motion Practice
The listed paternity motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion's Certificate of Service.
- B. The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: - 1. Motion for Appointment of Guardian ad Litem - 2. Motion to Request for Approval of Guardian ad Litem fee - 3. Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 - 4. Motion to Submit to DNA testing.
Page 8 | 501 Motion Practice
When the Respondent admits paternity in a case involving the County Attorney, the parties must participate in a pre-trial conference.
In all cases involving the County Attorney in which the Respondent either files a Response admitting paternity or signs an Affidavit admitting paternity, the parties shall submit to a pre-trial conference for the purpose of simplifying the issues to be heard by the Court.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
All parties must participate in a pre-trial conference before submitting the request, and a Stipulation of Facts must be filed.
All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.
Page 9 | 503 Multi-Party Affidavit of Paternity
A case involving the County Attorney cannot be scheduled for a hearing on the listed motions until the parties have participated in a pre-trial conference and submitted a Stipulation of Facts.
No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
If the Court orders mediation, the parties must participate in good faith unless an exception under FCRPP 39 applies.
If ordered by the Court pursuant to FCRPP 39, the parties shall engage in mediation unless the exceptions provided therein apply. The parties shall participate in mediation in good faith.
Page 15 | 704 Mediation — A. Mediation
After selecting a mediator, the parties must schedule mediation at least 30 days before the hearing or trial, unless good cause is shown.
Following selection of the mediator, the parties shall contact the mediator to schedule mediation to occur at no less than thirty (30) days prior to the hearing or trial except for good cause shown.
Page 15 | 704 Mediation — D. Mediation Procedure
The Court encourages mediation before trial or a hearing of two hours or longer, and may order mediation before a hearing or trial.
The Court encourages parties to seek mediation of unresolved issues prior to trial and prior to requesting any hearing two hours or longer. The Court, upon its own motion or motion of either party, may order the parties to attend mediation prior to the hearing or trial date, pursuant to FCRPP 39.
Page 15 | 704 Mediation — A. Mediation
Adjournment & Extension Requirements
The trial may be continued only if good cause is shown in the file or on the record within fourteen days of trial, or if the case has settled.
5. This trial will not be continued except for good cause shown in the file or on the record within fourteen (14) days of the trial or unless the case has been settled.
Page 24 | Appendix C — Trial Order
The court may extend the sale deadline by up to 30 days upon motion and a showing of good cause.
Upon Motion and good cause shown, the court may extend the deadline established by this section for a period not to exceed thirty (30) days.
Page 13 | 8.2 General Requirements
Chambers Communication Rules
If a case settles, the parties must notify the Court and Circuit Clerk by 1:00 p.m. two business days before trial, unless the Court waives that notice requirement upon notice and good cause; the Court may refuse a plea agreement if a jury has reported.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the two (2) business days before the case is scheduled for trial if the case is settled. The Court retains discretion to refuse a plea of guilty pursuant to a plea agreement if a jury has reported. Upon notice and for good cause shown, the Court may waive the requirement for two (2) business days notice of jury trial settlement.
Page 5 | 5.7 Settlement of Cases
Unless otherwise specified, counsel must meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.
Unless otherwise specified, counsel shall meet in chambers at 8:00 a.m. to discuss preliminary matters, motions, and jury instructions.
Page 5 | 5.6 Jury Trials
The criminal docket is conducted in person, and parties and counsel may not appear by teleconference or video conference without leave of court; incarcerated defendants and defendants receiving inpatient treatment are excepted from the in-person docket requirement.
With the exception of incarcerated defendants or defendants presently receiving treatment at an inpatient treatment facility, the criminal docket shall be conducted in-person. No party or counsel shall appear by teleconference or video conference technology without leave of court.
Page 5 | 5.8 Court Proceedings
Requests for special accommodations for a defendant’s arraignment must be directed to the Office of the Commonwealth Attorney.
Any requests for special accommodations for a defendant's arraignment shall be directed to the Office of the Commonwealth Attorney.
Page 6 | 5.10 Arraignments
Counsel for a defendant in state or federal custody must notify the Court, its Judicial Support Specialist, or the Circuit Clerk of the defendant’s name and facility location at least five days before the scheduled appearance; failure to do so may result in rescheduling and is good cause for all purposes.
In order to avoid unnecessary delays, counsel for any defendant held in state or federal custody shall advise the Court, the Court's Judicial Support Specialist, or the Circuit Clerk of name and the location of the facility where the defendant is currently held at least 5 days prior to a defendant's scheduled appearance. The failure of defense counsel to timely advise the Court, the JSS, or the Circuit Clerk of the proper location to direct a transport order may result in the rescheduling of the matter and shall be considered good cause for all purposes.
Page 6 | 5.11 Transportation of Incarcerated Defendants/Witnesses
If a case settles, notify the Court and Circuit Clerk before 1:00 p.m. on the business day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 11 | 6.17 Settlement of Cases
If opposing counsel finds a proposed order or judgment unsatisfactory, counsel must immediately notify the Court of objections.
If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.
Page 12 | 6.18 Entry of Orders and Judgments
Immediately after filing, the petitioner must obtain a pretrial date directly from the Court and serve the date-setting order on the parents and GAL with the Petition and Summons.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
During normal business hours, a person seeking an Emergency Custody Order must go to the Circuit Court Clerk's office to request one from an authorized judge.
During the normal business hours, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office to request an emergency custody order from the Family Court Judge, Circuit Court Judge, or District Court Judge.
Page 10 | 602 Procedure for Emergency Custody Orders
After working hours, on weekends, and on holidays, the on-call Judge must be contacted regarding an Emergency Custody Order.
After working hours, and on weekends and holidays, the on-call Judge shall be contacted.
Page 10 | 602 Procedure for Emergency Custody Orders
When a settlement resolves issues set for hearing or trial, the parties must contact Family Court staff by phone at (502)222-2490 to remand the motion from the Court’s docket.
If the parties reach a settlement resolving issues to be heard at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222-2490 to remand the motion from the Court's docket.
Page 14 | 702 Appearances, Waivers, Disclosures, Pleadings and Agreements
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
Page 16 | 704 Mediation — E. Report to the Court
With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions. Attorneys should advise their clients of the inability of the Court to discuss pending matters. Upon agreement of the parties in advance, and generally on issues such as scheduling or bond modification, either side may approach the Court only upon the agreed issue.
With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions. Attorneys should advise their clients of the inability of the Court to discuss pending matters. Upon agreement of the parties in advance, and generally on issues such as scheduling or bond modification, either side may approach the Court only upon the agreed issue.
Page 16 | 9.4 Ex Parte Communications
The listed phone number for the Henry County Family Court clerk covers adoption, divorce, juvenile, paternity, and domestic violence matters.
Henry County Family Court Adoption, Divorce, Juvenile, Paternity, and Domestic Violence (502)845-2868
Page 3 | B. Phone Numbers for the Court Clerks are as follows
The listed phone number for the Oldham County Family Court clerk covers adoption, juvenile, paternity, and domestic violence matters.
Oldham County Family Court Adoption, Juvenile, Paternity, and Domestic Violence (502)225-0791
Page 3 | B. Phone Numbers for the Court Clerks are as follows
The listed phone number for the Oldham County Family Court clerk covers divorce and custody matters.
Oldham County Family Court Divorce & Custody (502)222-9837
Page 3 | B. Phone Numbers for the Court Clerks are as follows
The listed phone number for the Trimble County Family Court clerk covers adoption, divorce, juvenile, paternity, and domestic violence matters.
Trimble County Family Court Adoption, Divorce, Juvenile, Paternity, and Domestic Violence (502)255-3213
Page 3 | B. Phone Numbers for the Court Clerks are as follows
After the pre-trial conference and submission of the Stipulation of Facts, the parties may email the Judge's secretary to obtain a hearing date if both agree a hearing is necessary and the appropriate motions have been filed.
After a pre-trial conference is held and Stipulation of Facts are submitted, if both parties agree that a hearing is necessary, the parties may e-mail the Judge's secretary to obtain a hearing date after filing the appropriate motion(s).
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
People seeking case records may call or visit the Circuit Court Clerk's office.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records