Perry Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Page & Word Limits1 rule
For motions going to the merits, supporting and opposing memoranda are limited to 25 pages each, and reply memoranda are limited to 5 pages.
- Supporting brief
- Up to 25 pages
- Opposition brief
- Up to 25 pages
- Reply brief
- Up to 5 pages
- Motions going to the merits
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12 .02 shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater then 25 pages in length . Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds for opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length . Any reply memorandum shall be limited to 5 pages in length .
Document Format Requirements5 rules
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.
- Protective order petition
Formatting
- •Must be made on form AOC-275.1.
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.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
The required recommendation notation must appear along the left-hand margin of the specified decrees, rules, and orders.
Formatting
- •Place the notation “Recommended: DOMESTIC RELATIONS COMMISSIONER” along the left-hand margin
Court's wording
All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge, but shall contain the following notation along the left-hand margin
Handwritten or recorded mediation agreements must be typed
- Handwritten mediation agreement
- Recorded mediation agreement
Formatting
- •The mediation agreement must be typed
Document Filing Requirements56 rules
A petition for a DVO or ex parte EPO must be verified.
Court's wording
During regular office hours Monday - Friday, 8:00 a.m. - 4:00 p.m. a verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed with the Perry County District Clerk on the 1st Floor of the Hall of Justice (Judicial Center) at 545 Main Street, Hazard, Kentucky 41701.
If not filed within sixty (60) days the responsible agency and/or attorney shall file a motion with the Court to show cause why the report has not been filed.
B. No entry and appearance shall be signed prior to the filing of the petition.
C. All Agreements and Agreed Orders shall contain the correct mailing address and/or e-mail addresses for the attorneys and parties.
A. A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
In any action for dissolution of marriage if any pleadings refer to the existence of marital property or debts incurred during the marriage, the parties shall prepare and file financial disclosure statements in accordance with FCRPP 2(3) and 3(3).
schedule of sessions and brochure shall accompany this notification
At the trial of an uncontested proceeding for dissolution of marriage, counsel shall tender the decree which he or she deems appropriate at the conclusion of the hearing.
Pursuant to CR 7.03 in any action where the support and maintenance of children or spousal maintenance is in issue, each party shall file all documents required in FCRPP 5 and FCRPP 9.
The moving attorney and/or party shall submit a proposed order to the Domestic Relations Commissioner's recommendations within seven (7) calendar days of the hearing unless otherwise directed.
- Document
- Motion
Must include
- •Proposed order
The parties must exchange and provide the listed financial, issue, asset, debt, and requested materials to the mediator at least five working days before the mediation conference.
Court's wording
five (5) working days prior to the mediation conference, the following: The parties shall exchange and provide to the mediator, in no less than 1. Supplement to financial disclosure statement regarding any material change. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc). a. Copies of any documents supporting valuation of assets; Copies of all documents verifying monthly payments and outstanding balances on all debts; and C. All information and copies of all documents requested by the mediator prior to the mediation conference.
All Decrees, Rules and all Orders to be entered shall be signed by the Circuit Judge
but shall contain the following notation along the left hand margin: Recommended on the _ day of By:_ Domestic Relations Commissioner
Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any
In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.
The Family Court Case Data Sheet must be fully completed in all cases.
Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other paper
Must include
- •Case number
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.
the electronic or stenographic record of interviews with children, including a recording of any in-camera proceedings, shall be filed under seal with the clerk and may be made available to the parties or their counsel on motion and written order of the court.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The judge reviewing a petition for an order of protection shall indicate in the ¿Court Actioni section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
If a case is reassigned or transferred, the issuing judge shall re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. Cases may be reassigned or transferred between courts if it is determined that there are proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge other actions pending or circumstances indicate that review by the other court is shall re-issue a summons until the matter may be heard by the receiving judge.
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Retained trial counsel seeking to withdraw for a defendant appealing a conviction must obtain Court permission and prepare and file the specified appeal documents before permission is granted.
Court's wording
1. Retained trial counsel shall secure permission from the Court before withdrawing as counsel for any defendant who is to appeal a judgment of conviction ; 2. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following : (a) Notice of appeal pursuant to RCr 12 .04 ; (b) Motion, affidavit, and order for leave to appeal in forma pauperis ; (c) Order directing preparation of transcript pursuant to Rule 21 of the Rules of the Perry Circuit Court ; and (d) Order substituting the public defender's office as counsel on appeal .
A party desiring assignment of a trial date for a civil jury case shall file a motion requesting that the case be assigned to the jury docket and for pre-trial conference, if there is any issue triable of right by a jury or if the Court in its discretion determines that there should be a trial by jury of any issue .
Except for good cause shown, parties must submit written instructions at or before the pre-trial conference stating their understanding of the issues and law.
Court's wording
Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall comply with the following : 1. Pleadings completed and issues made up . 2. Discovery proceedings complete or scheduled . 3. At or before the pre-trial conference submit written instructions incorporating the parties then under- standing of the issues and the law . 4. Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleading whenever possible and if same can be done without prejudice to the presentation of the case by either, party . In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure
If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and sub- mission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference
Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds for opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length .
A motion going to the merits must include a memorandum stating its grounds and citing the authorities relied upon.
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12 .02 shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater then 25 pages in length .
Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by
The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences . The certification should detail the attempts of counsel to resolve the dispute .
- Document
- Discovery motion
Must include
- •Certificate of conference
If the party against whom the order or judgment is to be entered is not represented by counsel, or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon .
All motions and pleadings in domestic relations cases shall be captioned in the following manner : PERRY CIRCUIT COURT CIVIL DIVISION - DRC
- Document
- Motion and pleading
- Placement
- Caption
Must include
- •PERRY CIRCUIT COURT; CIVIL DIVISION - DRC
For qualifying contested trials or motions, except motions to modify visitation privileges, the Commissioner must prepare, enter, and serve proposed findings, conclusions, and an opinion within 30 days after the final hearing.
Court's wording
Upon the f inal hearing of a contested trial or motion, the result of which any decree entered or modified or parts thereof terminated, except for motions to mcdify visitation privileges, the Domestic Relations Commissioner shall prepare and enter and have served upon the parties his/her proposed findings of fact, conclusions of law and opinion within thirty (30) days after the conclusion of the final hearing .
The specified decrees, rules, and orders must be signed by the Circuit Judge.
Court's wording
All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge
If exceptions have been filed subsequent to the ultimate ruling by the Domestic Relations Commissioner, then the orders relevant thereto shall be tendered directly to the Circuit Court
In the event the Court determines that a transcript of the testimony is necessary, and one has been prepared, then it will be filed with the Circuit Clerk
If no exceptions are timely filed, the parties must prepare an order incorporating the proposed findings and provide an opportunity for the Commissioner to approve it.
Court's wording
If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an order approving and incorporating the proposed findings of fact, conclusions of law and opinion for execution by the Circuit Court and provide thereon an appropriate opportunity for the Domestic Relations Commissioner to execute his/her approval
The specified decrees, rules, and orders must contain the required recommendation notation.
Court's wording
All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge, but shall contain the following notation along the left-hand margin
All routine orders setting contested trial dates, contested hearing dates or affecting purely administrative matters, or rulings entered upon exceptions filed before the Domestic Relations Commissioner, shall be signed by the Domestic Relations Commissioner
At the trial of an uncontested proceeding for dissolution of marriage, counsel shall tender the decree which he deems appropriate
The Court will not try any proceeding for dissolution of marriage until all costs have been - paid and that fact has been endorsed on the record over the signature of the Clerk
Rulings on exceptions shall be in accord with Farm 1, attached to these Rules
A contested-trial motion to assign a dissolution action must include verified income, expense, and property schedules with the specified financial information and supporting tax returns.
Court's wording
Every motion to assign an action for diss.olution of marriage for contested trial shall be accompanied by verified schedules pursuant to Rule 13(b), which schedules shall include the information set forth hereinafter, for the party filing the motion setting forth separately in the following order : INCOME AND EXPENSE SCHEDULES 1. Employment status, including income and deductions therefrom as shown by periodic wage statement(s) ; 2. Any additional sources cf income ; 3. Adjusted gross income for each of the preceding five (5) years as shown by federal income tax returns, copies of which for the last three (3) years shall annexed to the schedule ; 4. Present monthly expenses as shown by past expenditures and anticipated additional ex-penses, _= any, upon dissolution of marriage . PROPERTY SCT-DULE 1. Marital real estate, the value thereof, and the unpaid balance of any liens thereon ; 2. Marital personal property (DO NOT list household or personal effects individually unless the value of an individual item is in excess of $100 .00), the value thereof, and the unpaid balances of any liens thereon ; 3. Marital debts (DO NOT include debts listed above as liens), and the unpaid balance thereof ; 4. Non-marital real estate, the values thereof, the unpaid balance of any liens thereon, and the factual and legal basis relied upon in support of such designation ; 5. Non-marital personal property, the values thereof, the unpaid balances of any liens thereon and the factual and legal basis relied upon in support of such designation ; and 6. Non-marital debts (DO NOT include debts listed above as liens), the unpaid balances thereof and the factual and legal basis relied upon in support of such designation .
No trial date shall be assigned if, the motion therefore is not accompanied by the required schedules
Verified schedules in the same form and for the opposing party shall be filed by the opposing party within ten (10) days of the service of the motion for a trial date unless a different period is fixed by order of the Domestic Relations Commissioner .
B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s conduct and other court-imposed conditions.
Court's wording
ORDER OF PRETRIAL DIVERSION A. The Order of Diversion shall include : 1 . Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, ifapplicable). 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .
3 . When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .
The Court may require each party to submit a trial brief, consisting of a short memorandum of his view of the facts and law on which he will reply and, if so, the Court shall fix the time for filing such briefs in the pre-trial order .
A final ruling in conformity with the Commissioner's determination may be prepared by counsel but shall be signed by the Commissioner .
Marital personal property (DO NOT list household or personal effects individually unless the value of an individual item is in excess of $100 .00)
B. 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 of the Controlled Substances Act. 3 . That the petitioner possess no firearm or any other deadly weapon.
Filing & Service rules
Electronic Filing Rules
During weekday office hours from 8:00 a.m. to 4:00 p.m., a verified DVO or ex parte EPO petition must be filed with the Perry County District Clerk at the specified courthouse location.
During regular office hours Monday - Friday, 8:00 a.m. - 4:00 p.m. a verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed with the Perry County District Clerk on the 1st Floor of the Hall of Justice (Judicial Center) at 545 Main Street, Hazard, Kentucky 41701.
Page 6 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24 HOUR ACCESS POLICY — 401 Procedure for Filing and Obtaining Emergency Protective Orders
Filing Timing and Cure Windows
Exceptions must be filed and noticed, and a status hearing held, by the second regularly scheduled civil motion hour after the order is tendered by the Clerk.
EXCEPTIONS to Domestic Relations Commissioner's Recommendations shall be filed and noticed and a status hearing held before the Judge of the Circuit Court no later than the 2nd regularly scheduled civil motion hour following the date of the order as tendered by the Clerk.
Page 5 | EXCEPTIONS to Domestic Relations Commissioner's Recommendations
Motions under PCFCR 201(A.) must be filed and clocked by 4:00 p.m. on the preceding Monday, and copies must be mailed, placed in the Clerk’s outside mailbox, or hand delivered by that time.
All motions pursuant to PCFCR 201(A.) shall be filed and clocked no later than 4:00 p.m. on the preceding Monday with copies to be mailed, placed in the mailbox located outside the Clerk's office at the Hall of Justice, or hand delivered by 4:00 p.m. on the preceding Monday.
Page 5 | RULE 2 COURT SCHEDULING/MOTION HOUR / PROCEDURES FOR FILING — 203 Deadline for Serving and Filing Motions
The State Child Protective Service agency report and any guardian ad litem report must be filed within 60 days of notice or appointment.
Pursuant to FCRPP 33(1) The State Child Protective Service agency report pursuant to KRS 199.510, and the guardian ad litem report, if any, pursuant to KRS 199.515 shall be filed within sixty (60) days of notice and/or appointment.
Page 6 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
The Clerk will assign a motion to a docket only if both the motion and notice are filed by 4:00 p.m. on the preceding Monday before the hearing date.
The Clerk will not assign any motion to a docket unless the motion and notice shall have been filed in the Clerk's office no later than 4:00 p.m. on the preceding Monday prior to the date set for hearing.
Page 6 | RULE 2 COURT SCHEDULING/MOTION HOUR / PROCEDURES FOR FILING — 203 Deadline for Serving and Filing Motions
Unless the court is notified that the case is being mediated, the petitioner must file a motion for a case management conference within 60 days after service of the dissolution petition, for the first available Monday thereafter.
Unless notice is given to the court that a case is being mediated, within 60 days of service of the petition for dissolution of marriage upon the respondent, the petitioner shall file a motion for a case management conference for the first available Monday thereafter. (See FCRPP 2(6))
Page 8 | 504 Property Schedules and Case Management Conferences
The proposed order must be submitted within seven calendar days of the hearing unless otherwise directed.
The moving attorney and/or party shall submit a proposed order to the Domestic Relations Commissioner's recommendations within seven (7) calendar days of the hearing unless otherwise directed.
Page 8 | 506 Motions and Hearings
The required mediation materials must be provided at least five working days before the mediation conference.
five (5) working days prior to the mediation conference
Page 9 | 510 Requirements for Property Mediation
Handwritten or recorded mediation agreements must be typed and signed within ten working days.
Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
Page 10 | 510 Completion of Mediation
If issues remain unresolved after final mediation, the petitioner must file a motion for a case management conference or final hearing date within 10 days, unless the Court has already scheduled one.
Within 10 days of a final mediation, if the parties have been unable to resolve all issues, the petitioner shall file a motion for a case management conference or final hearing date, unless previously scheduled by the Court.
Page 10 | 510 Completion of Mediation
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 14 | Uniform Protocol for Handling Cases
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
Except for good cause shown, written instructions must be submitted at or before the pre-trial conference.
Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall comply with the following : 1. Pleadings completed and issues made up . 2. Discovery proceedings complete or scheduled . 3. At or before the pre-trial conference submit written instructions incorporating the parties then under- standing of the issues and the law . 4. Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleading whenever possible and if same can be done without prejudice to the presentation of the case by either, party . In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure
Page 5 | RULE 6. PRE-TRIAL CONFERENCE IN CIVIL CASES
If no pre-trial order is entered at the conference, attorneys must submit the order no later than ten days after the conference.
If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and sub- mission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference
Page 6 | RULE 6. PRE-TRIAL CONFERENCE IN CIVIL CASES
A response to the motion must be filed at least 24 hours before the hearing time specified in the notice.
Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion .
Page 7 | RULE 7. MOTIONS
Parties must file exceptions with the Domestic Relations Commissioner within 10 days after entry of the proposed findings, conclusions, and opinion.
The parties shall have ten (10) days from the date of entry of the proposed findings of fact, conclusions of law and opinion in which to file exceptions with the Domestic Relations Commissioner to said proposed findings of fact, conclusions of law and opinion as entered pursuant to Rule 5 .
Page 12 | RULE 6
Parties must file exceptions with the Circuit Court within 10 days after entry of the Commissioner's final ruling on their exceptions.
The parties shall file exceptions with the Circuit Court within ten (10) days after the entry of the final ruling of the Domestic Relations Commissioner on the exceptions taken to his/her proposed findings of fact, conclusions of law and opinion .
Page 12 | RULE 8
For qualifying contested trials or motions, except motions to modify visitation privileges, the Commissioner must complete the specified preparation, entry, and service within 30 days after the final hearing.
Upon the f inal hearing of a contested trial or motion, the result of which any decree entered or modified or parts thereof terminated, except for motions to mcdify visitation privileges, the Domestic Relations Commissioner shall prepare and enter and have served upon the parties his/her proposed findings of fact, conclusions of law and opinion within thirty (30) days after the conclusion of the final hearing .
Page 12 | RULE 5
The opposing party's schedules are due within ten days after service of the motion for a trial date, unless the Commissioner orders a different period.
Verified schedules in the same form and for the opposing party shall be filed by the opposing party within ten (10) days of the service of the motion for a trial date unless a different period is fixed by order of the Domestic Relations Commissioner .
Page 16 | RULE 13(b)
Eligible persons may apply for a pretrial diversion order after indictment, but no later than the stated number of days before trial; the number is blank in the text.
A. After indictment in Circuit Court, and no later than - days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | PROCEDURE
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 14 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation, unless no judge or trial commissioner is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The written motion requesting a judicial order must provide 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 12 | 605 Requests for Confidential Video Records
Written motions other than those that may be heard ex parte, and their hearing notices, must be delivered at least three days before the hearing unless another period is set by rule, statute, or court order.
Written motions, other than those that may be hea-rd ex parte, and notice of the hearing thereof, shall be served by delivery at least three days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order
Page 7 | RULE 7. MOTIONS
For qualifying contested trials or motions, except motions to modify visitation privileges, the Commissioner must serve the proposed findings, conclusions, and opinion on the parties.
Upon the f inal hearing of a contested trial or motion, the result of which any decree entered or modified or parts thereof terminated, except for motions to mcdify visitation privileges, the Domestic Relations Commissioner shall prepare and enter and have served upon the parties his/her proposed findings of fact, conclusions of law and opinion within thirty (30) days after the conclusion of the final hearing .
Page 12 | RULE 5
Filing Fees and Waivers
A dissolution proceeding will not be tried until all costs are paid and the Clerk signs an endorsement of that fact on the record.
The Court will not try any proceeding for dissolution of marriage until all costs have been - paid and that fact has been endorsed on the record over the signature of the Clerk
Page 14 | RULES OF PROCEDURE DOMESTIC RELATIONS — RULE 12(b)
The assessed fee is due on the fifth working day after the hearing concludes.
shall be due on the fifth working day following the conclusion of the hearing .
Page 11
Fees assessed in a case may not exceed $600, with up to $200 in additional fees permitted if the case is reopened.
No more than $600 .00 shall be assessed in any case regardless of the number and length of hearings except that if a case is reopened, additional fees totaling not more than $200 .00 may be assessed .
Page 11
Fees assessed in an uncontested divorce may not exceed $15.
No more than $15 .00 shall be assessed in any uncontested divorce .
Page 11
Sealing & Redaction Procedures
Parties must file one copy with personal data redacted and an unredacted copy in a marked, sealed envelope.
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 8 | 507 Child Support/Maintenance
Access to the unredacted sealed copy containing personal identification is limited to the listed parties, attorneys, court personnel, and authorized Cabinet employees or agents; the source text ends mid-sentence.
The Clerk of the Court shall allow the unredacted sealed copy of the accessed only by a party to the case, an attorney of record in a case, the pleading, document or exhibit containing personal identification to be domestic relations commissioner, a judge in the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for
Page 8 | 507 Child Support/Maintenance
Electronic or stenographic records of interviews with children, including recordings of in-camera proceedings, must be filed under seal with the clerk.
Pursuant to FCRPP 27(1), the electronic or stenographic record of interviews with children, including a recording of any in-camera proceedings, shall be filed under seal with the clerk
Page 11 | 604 Video Copies of In-Chamber Interviews with Children
When personal identifiers are required or included in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to the stated access restrictions and the exception for actions deemed confidential by statute.
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-stated 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. The clerk of the 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. As used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth or financial account number. 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 KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 11 | 602 Protection of Personal Identifiers
The Clerk's Office must not release copies of confidential court video records without a specific written court order.
The Perry County Circuit Court Clerk's Office shall not release any copies of Court confidential video records without a specific written order from the Court.
Page 12 | 605 Requests for Confidential Video Records
Pre-Motion Conference Requirements
Criminal cases are assigned a pretrial conference at arraignment; defense counsel must attend and submit expected written motions, and additional motions afterward require leave of Court subject to the stated exceptions.
At the time of arraignment, each case shall be assigned for a pre-trial conference and trial . Pre-trial conferences shall be held as a matter of course in all criminal cases . Participants in the pre-trial conference shall be the Commonwealth Attorney, the defendant and his or her attorney . The attorney appearing for the defendant at arraignment shall be in attendance at the pre-trial conference and shall submit such written motions as he shall expect to offer in the case . No additional motions may be offered after pre-trial conference, except by leave of the Court upon a showing of excusable neglect or if it concerns matter of which he was not aware or which did not come to his attention prior to the time of the pre-trial conference or in the interest of justice .
Page 3 | RULE 4. PRE-TRIAL CONFERENCE-CRIMINAL CASES
Before filing a motion to compel discovery, for a protective order, or for sanctions under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.
A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute . Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery .
Page 8 | RULE 7. MOTIONS
Adjournment & Extension Requirements
If the parties have not complied with the rules, the Court may refuse to continue the trial.
If the parties have not complied with the provisions of these rules, the Court may decline to set the case for trial, refuse to continue the trial of the case, or take such other action as may be deemed appropriate .
Page 6 | RULE 6. PRE-TRIAL CONFERENCE IN CIVIL CASES
The response filing time may be extended on an oral or written motion showing good cause, which may include the motion's and supporting memorandum's length and complexity.
but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum .
Page 7 | RULE 7. MOTIONS
Chambers Communication Rules
The parties must contact the court's secretary to remove pending hearings concerning resolved issues.
The parties shall have the affirmative duty to contact the court's secretary and remove any pending hearings concerning resolved ISSues.
Page 10 | 510 Completion of Mediation
During regular business hours, the authorized agency or officer shall present a petition to the Perry District Judge or District Court Trial Commissioner, or deliver it to the Perry Circuit Judge if neither is available.
Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Perry District Judge Perry District Court Trial Commissioner If neither is available, then the petition shall be delivered to the Perry Circuit Judge for consideration.
Page 15 | Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer shall present a petition to the Perry District Judge or District Court Trial Commissioner, or deliver it to the Perry Circuit Judge if neither is available.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Perry District Judge Perry District Court Trial Commissioner If neither is available, then the petition shall be delivered to the Perry Circuit Judge for consideration.
Page 15 | Twenty-four Hour Accessibility
Motions must be scheduled by appointment with the Perry Circuit Court Judge’s office.
Motions shall be scheduled by appointment with the office of the Perry Circuit Court Judge .
Page 2 | RULE 2. MOTION DAYS
Petitioners seeking to initiate contempt proceedings should contact the Perry Circuit Court Clerk or Deputy Clerks.
Petitioners seeking to initiate contempt proceedings should contact: Perry Circuit Court Clerk and Deputy Clerks
Page 16 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Perry Circuit Court Clerk or Deputy Clerks.
Petitioners seeking to initiate contempt proceedings should contact: Perry Circuit Court Clerk and Deputy Clerks
Page 4 | IV. Contempt Proceedings
To access case records or request copies, contact or visit the Office of Circuit Court Clerk.
The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county. Call or visit the office to access case records.
Page 1 | Requesting Court Case Records