Court Rules

Owsley County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Communication

Phone
1-800-928-6381
Fax
(502) 573-1669
Filters:

Document Format Requirements3 rules

FormattingMandatory

When sending pleadings and motions to the Circuit Clerk and to opposing counsel, attorneys shall prepare such documents to comport with the Rules of Civil Procedure and shall print only on the front side of the paper. With the exception of forms prepared by AOC, no pleadings or motions sent to the Circuit Clerk or to opposing counsel shall be printed on both the

C23LOCALRULES · Jun 2017 · p. 24
|SectionRULE 20. DOUBLE-SIDED DOCUMENTS
FormattingMandatory

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.

C23DVPROTOCOL · Jun 2017 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingImportant

by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page

Document Filing Requirements35 rules

Filing RequirementsMandatoryCriminal cases

In applying for pre-trial 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 .

Filing RequirementsMandatoryCriminal cases

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 .

C23PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsMandatoryCriminal cases

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

Filing RequirementsMandatoryCriminal cases

Make recommendations to the Court in writing of conditions for pre-trial diversion .

Filing RequirementsMandatoryCriminal cases

As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any .offense during the period of the pre-trial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

C23PRETRIALDIVERSIONPROGRAM · p. 4
|SectionIV. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsMandatory

Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.

C23LOCALRULES · Jun 2017 · p. 4
|SectionRULE 205. MOTION DOCKET
Filing RequirementsMandatory

All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.

Document
Motion

Must include

  • Citations of such authorities
C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 208. CITATION OF AUTHORITIES WITH MOTIONS
Filing RequirementsMandatory

When the Court orders participation in the specified education programs, proof of attendance must be submitted before the case is assigned for final hearing.

Court's wording

Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians of the children to participate in a parent's education clinic and may order children between the ages of 5 and 18 years to participate in a suitable education class. In such cases, proof of attendance must be submitted before the case is assigned for final hearing.

C23LOCALRULES · Jun 2017 · p. 8
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

The Domestic Relations Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions pursuant to KRS 454.350(2).

C23LOCALRULES · Jun 2017 · p. 9
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

An agreement filed of record must be signed by both parties and properly acknowledged; if a party is represented, counsel must also sign.

Court's wording

All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.

C23LOCALRULES · Jun 2017 · p. 10
|SectionRULE 5. DOMESTIC RELATIONS PRACTICE
Filing RequirementsMandatory

Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.

C23LOCALRULES · Jun 2017 · p. 11
|SectionRULE 503. FACTUAL DISCLOSURE REQUIREMENTS
Filing RequirementsMandatory

A party seeking a default judgment under the specified Kentucky rules must file a written application, and the motion must state the type of relief sought and include the listed judgment, certificate, proof, and affidavits.

Document
Default judgment motion

Must include

  • Certificate of service

Court's wording

Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment. The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.

C23LOCALRULES · Jun 2017 · p. 12
|SectionRULE 901. MANNER OF SEEKING; TIME FOR TAKING
Filing RequirementsMandatory

(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;

Filing RequirementsMandatory

The caption to all Orders shall state the exact nature of the order, such as, for example, Order of Dismissal, Order Fixing Temporary Maintenance, Order Directing Answering of Interrogatories, etc.

Document
Order
Placement
Caption
Filing RequirementsMandatory

written objections thereto including a time for a Hearing scheduled pursuant to these Rules

Filing RequirementsMandatory

The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same and that

Document
Proposed order or judgment

Must include

  • Certificate of service
Filing RequirementsMandatory

If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:

Filing RequirementsMandatory

Under the attestation option, the presented Order or Judgment must be attested by counsel for all parties as conforming to the Court's decision, and may include an endorsement identifying any unrepresented party.

Court's wording

(a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

Filing RequirementsMandatory

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

C23LOCALRULES · Jun 2017 · p. 15
|SectionRULE 1103. NOTICE OF ENTRY; COPIES; WAIVER OF NOTICE
Filing RequirementsMandatory

The initial Order or Judgment served on the Master Commissioner must identify all parties in the caption or style and include specified counsel and party contact information on its last page.

Document
Initial order or judgment

Must include

  • Caption

Court's wording

The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties and shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.

C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1702. CONTENTS OF REFERRAL ORDER
Filing RequirementsMandatory

The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.

C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1703. REPORTS OF MASTER COMMISSIONER
Filing RequirementsMandatory

Qualifying Orders or Judgments must include a certificate by preparing counsel at the bottom of the last page stating that the Clerk is required to serve the Order or Judgment on the Master Commissioner.

Court's wording

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

C23LOCALRULES · Jun 2017 · p. 19
|SectionRULE 1701. SERVICE UPON MASTER COMMISSIONER
Filing RequirementsMandatory

When mediation resolves only some issues or produces other agreements, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

Court's wording

If some but not all of the issues in the case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

C23LOCALRULES · Jun 2017 · p. 21
|SectionRULE 1805. REPORTING TO THE COURT
Filing RequirementsMandatory

If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

C23LOCALRULES · Jun 2017 · p. 21
|SectionRULE 1805. REPORTING TO THE COURT
Filing RequirementsMandatory

(b) In applying for pre-trial 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.

C23LOCALRULES · Jun 2017 · p. 22
|SectionRULE 1903. PROCEDURE
Filing RequirementsMandatory

(c) The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition.

C23LOCALRULES · Jun 2017 · p. 22
|SectionRULE 1903. PROCEDURE
Filing RequirementsMandatory

An Order of Diversion must address restitution, supervision and any applicable supervision fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other 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) A requirement that the defendant obey all rules and regulations imposed by Probation & Parole; and (S) As required by KRS 533.030(1) (conditions of probation-restitution), a directive requiring the defendant to not commit any offense during the period of the pre- trial diversion and specifically directing the defendant to comply with any other provisions of KRS 533.030 or any other conditions the Court deems appropriate.

C23LOCALRULES · Jun 2017 · p. 23
|SectionRULE 1904. ORDER OF PRE-TRIAL DIVERSION
Filing RequirementsMandatory

Protective-order petitions under KRS Chapters 403 or 456 must be made on form AOC-275.1.

Court's wording

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

C23LOCALRULES · Jun 2017 · p. 26
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatory

B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C23LOCALRULES · Jun 2017 · p. 28
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C23DVPROTOCOL · Jun 2017 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C23DVPROTOCOL · Jun 2017 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsImportant

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.

Document
Response

May include

  • Containing supporting authorities
C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 208. CITATION OF AUTHORITIES WITH MOTIONS
Filing RequirementsImportant

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

C23LOCALRULES · Jun 2017 · p. 5
|SectionRULE 209. AGREED ORDERS
Filing RequirementsImportant

In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.

Filing RequirementsNoteCriminal cases

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 .

C23PRETRIALDIVERSIONPROGRAM · p. 4
|SectionIV. ORDER OF PRE-TRIAL DIVERSION

Filing & Service rules

Filing Timing and Cure Windows

Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day, subject to leave of Court; the Clerk closes the docket at that time.

All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.

Page 4 | RULE 205. MOTION DOCKET

A properly served party may file a response with supporting authorities by the time specified in the motion’s Notice of Hearing; failure to do so may be grounds to deny leave to file late.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion. Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.

Page 5 | RULE 208. CITATION OF AUTHORITIES WITH MOTIONS

The Commissioner’s recommendations in an uncontested case must be filed in the Circuit Clerk’s Office no later than 30 days after the hearing.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case

Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE

The Commissioner’s recommendations in a contested case must be filed no later than 90 days after the hearing.

no longer than ninety (90) days after a Hearing in a contested case

Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE

Upon motion in a matter submitted under this procedure, the Petitioner may not begin proof until the answer period expires and must complete proof within four weeks thereafter.

In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter.

Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS

Temporary-order hearings must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

Temporary Orders - All Hearings for temporary Orders shall receive immediate action by the Commissioner, and he/she shall issue his or her recommendations to all parties or their attorneys within five (5) working days following the Hearing.

Page 10 | RULE 5. DOMESTIC RELATIONS PRACTICE

The Respondent must complete proof within the four weeks following the Petitioner’s proof period.

The Respondent shall complete his/her proof within the following four (4) weeks.

Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS

The Petitioner has two weeks after the Respondent’s proof period to complete any rebuttal.

The Petitioner shall then have two (2) weeks in which to complete any rebuttal.

Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS

The Order or Judgment will be entered after ten days from tendering the original to the Judge and serving a copy on counsel for all parties, unless the objecting party files and serves written objections or the Court has good reason not to enter it.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.

Page 14 | RULE 1102(b)

Written objections must be filed within ten days after service to prevent the proposed Order or Judgment from being signed and entered.

the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.

Page 15

An appropriately marked and entered faxed copy is treated for all legal requirements as if the original had been entered at that time.

(b) The appropriately marked and entered facsimile copy will for all legal requirements be considered the same as if the original had been entered at that time.

Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS

The Clerk receives and enters faxed copies of Orders and Judgments in the same manner as mailed originals, upon receipt.

(a) Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt.

Page 15 | RULE 1104. FAXED COPIES OF ORDERS AND JUDGMENTS

Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.

Motions to suppress evidence and any other Motions by either the Defendant or the Commonwealth that require a hearing in criminal cases shall be noticed to be heard at least 30 days before trial on a regular Motion Hour/Rule Day unless waived in the discretion of the Court for just cause.

Page 18 | RULE 1502. PRETRIAL MOTIONS

The required joint statement must be submitted within thirty days after mediation terminates.

This statement shall be submitted within thirty (30) days of the termination of mediation.

Page 21 | RULE 1805. REPORTING TO THE COURT

A petition for a pre-trial diversion order must be filed no less than fourteen days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

Page 22 | RULE 1903. PROCEDURE

An eligible person may petition for a pre-trial diversion order at least 14 days before trial.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

Criminal cases

Page 2 | III. PROCEDURE

To avoid attending the Motion Docket call, submit the signed Agreed Order to the Clerk before the call.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

Page 5 | RULE 209. AGREED ORDERS

The Commissioner must act on all other matters in an expeditious manner.

All other matters shall be acted upon by the Commissioner in an expeditious manner.

Page 10 | RULE 5. DOMESTIC RELATIONS PRACTICE

After the proof and rebuttal periods, the case stands for submission at the next regular Motion Hour or Rule Day.

The case shall then stand for submission at the next regular Motion Hour/Rule Day.

Page 10 | RULE 502. ALTERNATE METHOD OF TRIAL FOR DOMESTIC RELATIONS ACTIONS

Service and Proof of Service Rules

A petition for a pre-trial diversion order must be accompanied by notice to the Commonwealth's Attorney.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

Criminal cases

Page 2 | III. PROCEDURE

The Court may void participation in pre-trial diversion for failure to comply with its conditions or make satisfactory progress only after a hearing with notice to the Commonwealth and the defendant.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pre-trial 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

A copy of each filed motion must be served on the presiding Judge.

A copy of cach Motion filed shall be served upon the presiding Judge.

Page 4 | RULE 206. SERVICE OF MOTIONS

Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the methods defined in CR 5.02.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. "Service" shall be by the methods defined in CR 5.02.

Page 4 | RULE 206. SERVICE OF MOTIONS

After the Judge signs the Indictments, the Circuit Clerk must mail or deliver copies to the Commonwealth's Attorney and, if the Defendant was previously represented, to the Defendant’s former attorney.

Upon the signing of the Indictments by the Judge, the Circuit Clerk shall make copies of the Indictments and shall mail or deliver same to the Commonwealth's Attorney and, in the event the Defendant was previously represented by counsel, shall also mail or deliver copies to the Defendant's previous attorney.

Page 6 | RULE 212. CASE ASSIGNMENTS

The requesting party must serve the adverse party written notice stating the hearing’s time, place, and purpose seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

Page 8 | RULE 5. DOMESTIC RELATIONS PRACTICE

Objections to the preliminary disclosure statements must be exchanged 20 days thereafter.

Objections thereto shall be exchanged 20 days thereafter,

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

AOC 239 Final Verified Disclosure Statements must be provided to opposing counsel or the opposing pro se party within 30 days after a hearing motion is filed, unless the hearing is set within that period, in which case disclosure is at the Court's direction.

AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court.

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

In contested dissolution actions, the parties must exchange AOC-238 Preliminary Verified Disclosure Statements within 45 days after service of the petition on the respondent.

Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent.

Page 11 | RULE 503. FACTUAL DISCLOSURE REQUIREMENTS

The objecting party must file and serve written objections on all parties and the Court.

have been filed and served upon all parties and the Court by the objecting party

Page 14 | RULE 1102(b)

A copy of the tendered Order or Judgment must be served on counsel for all parties.

with service of a copy of same upon counsel for all parties

Page 14 | RULE 1102(b)

Such motion shall be served on the party as provided by CR 5.

Such motion shall be served on the party as provided by CR 5.

Page 18 | RULE 1602. WITHDRAWAL AS COUNSEL

The Clerk must serve qualifying Orders or Judgments on the Master Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

Page 19 | RULE 1701. SERVICE UPON MASTER COMMISSIONER

An eligible person may petition for a pre-trial diversion order with notice to the Commonwealth's Attorney, no less than fourteen days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

Page 22 | RULE 1903. PROCEDURE

Notice of general docket calls must be posted conspicuously in the Clerk's office and mailed to each case's attorneys of record.

Notice of general calls of the docket shall be given by posting a notice thereof in a conspicuous place in the Clerk's office and by mailing to all attorneys of record in each case to be called a copy of such notice.

Page 11 | RULE 701. CALLS OF DOCKETS

Adjournment & Extension Requirements

The deadline may be extended for good cause shown by order of the Circuit Judge.

unless otherwise extended for good cause shown by Order of the Circuit Judge.

Page 9 | RULE 5. DOMESTIC RELATIONS PRACTICE

Cases are heard at their scheduled time and date unless the Court, in its discretion, continues them or an order continues them on good cause shown.

All cases set for Trial, Pre-Trial Conference, or Hearing on Motion shall be heard at the time and date specified unless by discretion of the Court or Order on good cause shown same are continued.

Page 15 | RULE 1201. WHEN MATTERS ARE TO BE TRIED OR HEARD

Counsel are urged to use Agreed Orders reasonably when seeking or granting extensions of time to plead or otherwise defend.

All counsel are urged to adopt a reasonable use of Agreed Orders for purposes of obtaining and granting extensions of time, to plead, or otherwise defend.

Page 5 | RULE 209. AGREED ORDERS

Chambers Communication Rules

Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check by calling Pretrial Services at AOC or faxing the request, and must not send the request to the local Pretrial Services Officer.

Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer .

Criminal cases

Page 3 | III. PROCEDURE

If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday before trial.

In the event that a particular case is settled, in whole or in part, at any time prior to trial by jury, the attorneys of record shall contact the Court and so advise the Court by no later than 4:00 P.M. on Wednesday of the week preceding the trial.

Page 15 | RULE 1202. JURY TRIALS

(d) Before making a recommendation to the Court, the Commonwealth's Attorney shall: (1) Have a criminal record check made by telephoning Pretrial Services at the Administrative Office of the Courts (AOC) at 1-800-928-6381 or faxing the request to

(d) Before making a recommendation to the Court, the Commonwealth's Attorney shall: (1) Have a criminal record check made by telephoning Pretrial Services at the Administrative Office of the Courts (AOC) at 1-800-928-6381 or faxing the request to

Page 22 | RULE 1903. PROCEDURE

During regular business hours, the authorized agency or officer must present the petition to the designated judge, following the stated order based on the case and judicial availability.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: To the Circuit Judge where a divorce or child custody proceeding is pending between Petitioner and Respondent; If the Circuit Judge is unavailable then to the District Judge; If the Circuit and District Judge is unavailable, then to any Trial Commissioner of the 23 District. In all other cases the Petitions shall be submitted to the District Judge first; if the District Judge is unavailable, then to any Trial Commissioner of the 23" District; if the District Judge and Trial Commissioners are unavailable then to the Circuit Judge.

Page 3 | Twenty-four Hour Accessibility

After regular business hours, the authorized agency or officer must present the petition to the designated judge, following the stated order based on the case and judicial availability.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: To the Circuit Judge where a divorce or child custody proceeding is pending between Petitioner and Respondent; If the Circuit Judge is unavailable then to the District Judge; If the Circuit and District Judge is unavailable, then to any Trial Commissioner of the 23 District. In all other cases the Petitions shall be submitted to the District Judge first; if the District Judge is unavailable, then to any Trial Commissioner of the 23 District; if the District Judge and Trial Commissioners are unavailable then to the Circuit Judge.

Page 3 | Twenty-four Hour Accessibility

Do not send requests to the local Pretrial Services Officer.

(502) 573-1669. DO NOT send requests to the local Pretrial Services Officer.

Page 23

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the EPO/DVO was issued.

B. Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.

Page 28 | IV. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the EPO or DVO was issued.

Petitioners seeking to initiate contempt proceedings should contact: The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.

Page 4 | IV. Contempt Proceedings

Common questions about Owsley County Circuit Court, Kentucky rules

What formatting rules apply to filings in Owsley County Circuit Court, Kentucky?

Owsley County Circuit Court, Kentucky's formatting rule includes applies to attorneys sending pleadings and motions to the circuit clerk and opposing counsel., documents must comport with the rules of civil procedure and be printed only on the front side of the paper., and the excerpt begins an exception for forms prepared by aoc to the prohibition on printing pleadings or motions on both sides, but the sentence is cut off after “both the”..

View ruleSource: page 24, section RULE 20. DOUBLE-SIDED DOCUMENTS

What must be included with pre trial diversion application filings in Owsley County Circuit Court, Kentucky?

When applying for pre-trial diversion, counsel must state on the record that the defendant waives the right to a speedy trial or disposition if diversion is granted, and the defendant must agree.

View ruleSource: page 3, section III. PROCEDURE

What must be included with recommendation filings in Owsley County Circuit Court, Kentucky?

The Commonwealth's Attorney must submit a written recommendation to the Court in response to each petition.

View ruleSource: page 3, section III. PROCEDURE

How may parties contact Owsley County Circuit Court, Kentucky?

The rule lists phone 1-800-928-6381. Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check by calling Pretrial Services at AOC or faxing the request, and must not send the request to the local Pretrial Services Officer.

View ruleSource: page 3, section III. PROCEDURE

How do I request an adjournment or extension in Owsley County Circuit Court, Kentucky?

Cases are heard at their scheduled time and date unless the Court, in its discretion, continues them or an order continues them on good cause shown.

View ruleSource: page 15, section RULE 1201. WHEN MATTERS ARE TO BE TRIED OR HEARD

What filing deadlines does Owsley County Circuit Court, Kentucky set?

Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day, subject to leave of Court; the Clerk closes the docket at that time.

View ruleSource: page 4, section RULE 205. MOTION DOCKET

What rule applies to service for petition in Owsley County Circuit Court, Kentucky?

Details: recipient: the opposing party. A petition for a pre-trial diversion order must be accompanied by notice to the Commonwealth's Attorney.

View ruleSource: page 2, section III. PROCEDURE
Complete rules summary for Owsley County Circuit Court, Kentucky

An eligible person may petition for a pre-trial diversion order at least 14 days before trial.

A petition for a pre-trial diversion order must be accompanied by notice to the Commonwealth's Attorney.

When applying for pre-trial diversion, counsel must state on the record that the defendant waives the right to a speedy trial or disposition if diversion is granted, and the defendant must agree.

The Commonwealth's Attorney must submit a written recommendation to the Court in response to each petition.

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check by calling Pretrial Services at AOC or faxing the request, and must not send the request to the local Pretrial Services Officer.

An Order of Diversion must address restitution if applicable, supervision status and any applicable supervision fees, the diversion's duration, and compliance with Probation & Parole rules and regulations.

The Order of Diversion must direct the defendant not to commit an offense during diversion and to comply with other applicable KRS 533.030 provisions and any other conditions the Court deems appropriate.

An Order of Diversion may include conditions requiring the petitioner to remain drug- and alcohol-free and submit to random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.

The Court may void participation in pre-trial diversion for failure to comply with its conditions or make satisfactory progress only after a hearing with notice to the Commonwealth and the defendant.

A motion that relies on authorities must include citations to those authorities.

Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day, subject to leave of Court; the Clerk closes the docket at that time.

A motion must be accompanied by a Notice of Date for Hearing or it will be summarily overruled, unless good cause is shown.

Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the methods defined in CR 5.02.

A copy of each filed motion must be served on the presiding Judge.

A properly served party may file a response with supporting authorities by the time specified in the motion’s Notice of Hearing; failure to do so may be grounds to deny leave to file late.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.

Counsel need not attend the Motion Docket call if an Agreed Order signed by counsel for all affected parties is submitted to the Clerk beforehand.

To avoid attending the Motion Docket call, submit the signed Agreed Order to the Clerk before the call.

Counsel are urged to use Agreed Orders reasonably when seeking or granting extensions of time to plead or otherwise defend.

After the Judge signs the Indictments, the Circuit Clerk must mail or deliver copies to the Commonwealth's Attorney and, if the Defendant was previously represented, to the Defendant’s former attorney.

Cases are heard at their scheduled time and date unless the Court, in its discretion, continues them or an order continues them on good cause shown.

The requesting party must serve the adverse party written notice stating the hearing’s time, place, and purpose seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

When the Court orders participation in the specified education programs, proof of attendance must be submitted before the case is assigned for final hearing.

In dissolution actions, the Commissioner’s report must include findings of fact, conclusions of law, and recommendations to the Court.

The Commissioner’s recommendations in an uncontested case must be filed in the Circuit Clerk’s Office no later than 30 days after the hearing.

The Commissioner’s recommendations in a contested case must be filed no later than 90 days after the hearing.

The deadline may be extended for good cause shown by order of the Circuit Judge.

Temporary-order hearings must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

The Commissioner must act on all other matters in an expeditious manner.

More Judges in Owsley County Circuit Court, Kentucky

Michael Dean
Judge