Pike Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Emergency Motions
- 1 copy
Adjournments
- If parties need more than fifteen minutes to present evidence, the Court may place them at the end of the docket, or they may request a later hearing date with more time allotted.
- Additional time requires leave of court, good cause, and a written motion by counsel stating the grounds with particularity.
- Additional time for the motion will not be granted unless the defendant agrees to postpone the sentence hearing.
Request must include
Document Format Requirements2 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
- Protective order petition
Formatting
- •The petition must be made on form AOC-275.1.
Protective-order petitions under KRS Chapters 403 or 456 must be made on form AOC-275.1.
Court's wording
A. 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.
Document Filing Requirements47 rules
Attached to said motion shall be two orders: (1) granting said motion and scheduling for hearing; and, (2) denying said motion and scheduling for
Motions for compensation shall be accompanied by an affidavit indicating: b. The hours of service rendered with a brief description of the services a. The statutory basis for appointment; c. That the action or proceedings have been concluded.
An attorney seeking to review or copy a paternity file must sign a statement limiting what may be shared with the client, and the file’s other information remains confidential and subject to attorney-client privilege.
Court's wording
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the may be shared with the client and that all other information in the case cannot be disclosed paternity file shall sign a statement that the order of judgment is the only information which to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. representation of the party, any information contained in such file is confidential and subject Regardless of the subsequent representation or non- to the attorney-client privilege.
A dependency petition must be submitted for judicial review of legal sufficiency; if the Family Court Judge is unavailable it goes to a district judge, and an approved petition is initialed, distributed to the assigned assistant county attorney, and filed with the clerk.
Court's wording
All petitions shall be filed in accordance with FCRPP 20. The petition shall be submitted to the Family Court Judge for determination of legal sufficiency. If the If after review, the judge determines that the petition fails to state grounds for action Family Court Judge is unavailable the petition shall be presented to a district for review. approved, the judge shall initial the petition for filing. A copy shall be distributed to the pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Pike Circuit Court Clerk.
A dependency petition must cite the statutes and facts supporting jurisdiction, provide full information about the child’s parents and their addresses, and reflect diligent efforts to locate the parents, including contacting the specified Child Support Division.
Court's wording
Any petition filed with this Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The not limited to, initiating contact with the Child Support Division of the Pike petitioner shall make diligent efforts to locate the child's parents, including but County Attorney's Office.
At the dispositional hearing, CHFS must provide the FCRPP 28 information using form DNA 12 and explain any separation of siblings.
Court's wording
At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.
A. Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).
B. Preliminary Verified Disclosure Statements (Form AOC-238) shall be filed seven (7) days before the Case Management hearing by each party.
At the conclusion of mediation, the mediator shall report without comment to the Court and the Pike Family Court Office as to the outcome of the A termination or non-agreement shall be without prejudice to either party. mediation, (i.e. a full agreement, partial agreement or mediation terminated).
a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.
A person requesting a judicial order concerning an in-chamber interview video must provide the Family Court Judge a written explanation identifying the specific portion requested and the specific purpose for the request.
Court's wording
Pursuant to FCRPP 17, the Pike County Circuit Court Clerk's Office shall not releasc any order of the Family Court Judge. An individual requesting a judicial order must provide the Pike Family Division video in-chamber interviews with children without a specific written Family Court Judge a written explanation for the request which specifically indicates the specific purpose for the request. portion of the video record being requested is an in-chamber interview with a child and
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 c-mail address of the attorney or party signing the paper.
- Document
- Pleading motion or other paper
Must include
- •Case number
In accordance with SCR 1.05(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.
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.
A rubber stamp shall not be deemed a signature either under this Rule or CR 11.
A. The Family Court Case Data Sheet must be fully completed in all cases.
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.
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 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.
The reviewing judge must indicate in the petition whether the action is a domestic violence action or an interpersonal protective order action.
Court's wording
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 reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
The Commonwealth Attorney's request for a warrant shall be in writing in a form ° suitable to be filed.
An arraignment order shall be issued indicating the name of the defendant's attorney and any conditions or modifications ofbail.
In the event that only one party is represented by counsel, counsel for that party shal 1 be required to send, with the services of the complaint, a letter explaining the pro se party's responsibility to attend the clinic .
A motion must be accompanied at filing by a concise statement of supporting reasons or governing authority, except with respect to hearings on motions for rule.
Court's wording
Except with respect to hearings on motions for rule, no motion shall be heard by a presiding Judge unless, 1contemporaneously with its filing, a short concise statement of th i ( reasons in support of the motion, or citation of governing authority, is submitted to the presiding Judge .
The party filing a motion will submit a proposed order with sufficient copies for distribution .
- Document
- Motion
Include
- •Proposed order
A motion shall be filed requesting the issuance of the rule .
The rule, when it is issued, shall fix a time and place for hearing
The motion shall be supported by an affidavit showing that applicant is entitled to the relief sought .
shall be signed by~ counsel for all parties thereto as in conformity to the ruling or ,opinion, and shall be presented to the Court
Except for Orders prepared by the Court and unless an Order is tendered and signed in Open Court, whenever any ruling is made or opinion rendered, an Order or Judgment in conformity therewith which, at the direction of the Court, shall immediately be prepared by counsel for the successful party
When signed by the Judge, the Order or Judgment shall be delivered to the Clerk for entry .
upon same having been appropriately and properly verified by the moving party
with said minimum child support Standing Order to be distributed to all members of the practicing bar, and attached with Summons, in each domestic relations proceeding, in which children are an issue
The clerk shall specify the date and hour of arraignment on the face of the warrant or summons issued .
The Commonwealth shall file all statements of witnesses discoverable under RCr 7 .26 at the pretrial conference .
All such agreements shall be in writing signed by the defendant and his attorney and the attorney for the Commonwealth, and filed with the court .
B. Parties may request waiver of attendance in the divorce education program a/k/a Families in Transition (FIT) by filing a verified Motion stating grounds for said waiver.
If the party against I~whom the Order or Judgment is to be entered is not represented by counsel, or be represented by counsel who declines to attest with, a reasonable time the Order or Judgment, such fact and dates shall be endorsed thereon
B. The clerk shall file a copy of all papers from the former indictment in the file of the superseding indictment .
A. When a superseding indictment is being returned, the attorney for the Commonwealth shall attach a notice to the superseding indictment so indicating and identifying the indictment being replaced .
H. An arraignment order shall be issued indicating the name of the defendant's attorney and any conditions or modifications of bail .
All such motions shall be accompanied by any citations of authorities to be relied upon by counsel .
D. The court shall issue an order requiring the defendant and his attorney to appear for arraignment to enter a plea to the superseding indictment .
B. All pretrial motions shall be made in strict conformity with RCr 4 .40, 4 .42, 4 .48, 8 .12, 8 .14, 8 .16, 8 .18, 8 .20, 8 .22, 8 .26, 9 .04, 9 .12, 9 .14, 9 .16, and 9 .26 .
All pretrial motions requesting an evidentiary hearing and motions to suppress under RCr 9 .78 shall allege the facts to be relied upon with particularity .
The specified presentence motions must be made in conformity with Rule 7B.
Court's wording
A motion for new trial under RCr 10 .02, a motion for judgment notwithstanding verdict under RCr 10 .24, or a motion to withdraw a guilty plea under RCr 8 .10 shall be made in conformity with Rule 7B hereof .
Filing & Service rules
Filing Timing and Cure Windows
Motions must be filed and clocked by noon Wednesday; motions filed later go to the following week's motion hour.
All motions filed pursuant to PFRP 201 (A) shall be filed and clocked no later than 12:00 pm on Wednesday with copies to be either mailed, hand delivered or sent by electronic transmission (CR 5.02). All motions filed after 12:00 pm shall be placed on the following week's motion hour.
Page 5 | 202 Deadline for Serving and Filing Motions
Cases must be scheduled within fourteen days of filing.
Cases shall be scheduled within fourteen days of filing.
Page 6 | 404 Hearings
Verified DVO and ex parte EPO petitions are filed at the Pike Circuit Court Clerk's office, which is open from 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays.
A verified petition for a Domestic Violence Order (DVO) and Ex Parte Emergency Protective Order (EPO) shall be filed at the Pike Circuit Court Clerk's office located in the Hall of Justice, 89 Division Street, Pikeville, Kentucky. The clerk's office is open from 8:00 a.m. - 4:00 p.m. Monday through Friday exclusive of holidays.
Page 6 | 402 Procedures for Filing and Obtaining Emergency Protective Orders
Each party must file the Preliminary Verified Disclosure Statement seven days before the Case Management hearing.
B. Preliminary Verified Disclosure Statements (Form AOC-238) shall be filed seven (7) days before the Case Management hearing by each party.
Page 9 | 701 Required Case Information
Without the required supporting statement or authority citation, the motion is automatically overruled without a hearing on the next Friday more than nine days after filing, or sooner by court order.
If no such supporting statement or citation of authority is made, the motion will stand automatically overruled without hearing on the next Friday occurring more than nine (9) days after its filing, or sooner if by order of the Court .
Page 17 | RULE 8 . MOTION PRACTICE
Arraignments must be conducted within 14 calendar days after the return of an indictment or information.
All arraignments shall be conducted within 14 calendar days after the return of indictment or information .
Page 27 | RULE 5 ARRAIGNMENT
The Sheriff must return each indictment warrant within 10 days, except when the defendant does not reside in Pike County or has absconded.
The Sheriff shall make a return on each indictment warrant within 10 days unless the defendant does not reside in Pike County or has absconded .
Page 27 | RULE 3 RETURNS ON WARRANTS
A defendant held in jail in lieu of bail must be arraigned forthwith after indictment.
in the event a defendant is held in jail in lieu of bail, he shall be arraigned forthwith after indictment .
Page 28 | RULE 5 ARRAIGNMENT
A person arrested on a bench warrant must be brought before the division assigned the case the following day.
If a person is arrested on a bench warrant, he or she shall be brought before the division to which the case was allotted the following day .
Page 28 | RULE 5 ARRAIGNMENT
Appointment of counsel at arraignment extends the filing time for pre-arraignment motions by five calendar days.
If counsel is appointed at arraignment, the time for filing of pre-arraignment motions shall be extended by five calendar days .
Page 29 | Rule 5 Arraignment
Pretrial motions and notices must be filed with the clerk at least 20 days before trial unless the court orders another time.
A. All pretrial motions and notices shall be filed in the clerk's office at least 20 days before trial or at such other time as the Gourt may provide by order .
Page 30 | Rule 7 Pretrial Motions
All pretrial motions, notices, and responses must be filed before the pretrial conference.
In accordance with Rule 7 hereof, all pretrial motions, notices, and responses thereto shall be filed before the conference
Page 31 | RULE 8 PRETRIAL CONFERENCES
The Commonwealth must file the discoverable witness statements at the pretrial conference.
The Commonwealth shall file all statements of witnesses discoverable under RCr 7 .26 at the pretrial conference .
Page 31 | RULE 8 PRETRIAL CONFERENCES
If a subpoena or witness list was delivered to the clerk at least nine calendar days before trial, the Sheriff must file the return at least three calendar days before trial.
The Sheriff shall file a return on each subpoena or upon each witness list furnished by the Commonwealth Attorney to the clerk at least three calendar days before trial when the subpoena or witness list was delivered to the clerk at least nine calendar days before trial .
Page 32 | RULE 9 RETURNS ON SUBPOENAS
If a subpoena or witness list was delivered to the clerk fewer than nine but at least five calendar days before trial, the Sheriff must file the return at least one day before trial.
When the subpoena or witness list was delivered to the clerk fewer than nine calendar days but at least five calendar days before trial, the Sheriff shall file the return at least one day before trial .
Page 32 | RULE 9 RETURNS ON SUBPOENAS
In all other cases, returns must be filed on the trial date before the docket is called unless the court grants leave for late filing.
In all other cases, returns shall be filed on the day of trial before the call of the docket unless the court grants leave for late filing .
Page 32 | RULE 9 RETURNS ON SUBPOENAS
A sentence hearing must be held within 90 days after the guilty plea or verdict.
Such hearing shall be held within 90 days after the plea or verdict .
Page 33 | RULE 12 SENTENCING
The presentence report must be completed at least five calendar days before the sentence hearing, and the listed recipients must be notified when it is complete.
The probation officer shall complete the presentence investigation report at least five calendar days before the sentence hearing and notify the court, the attorney for the defendant, and the attorney for the Commonwealth when the report is completed .
Page 33 | RULE 12 SENTENCING
Plea bargaining agreements will not be accepted by the court after the pretrial conference, or if no pretrial conference is held, within five calendar days of the date set for trial, unless good cause is shown .
Plea bargaining agreements will not be accepted by the court after the pretrial conference, or if no pretrial conference is held, within five calendar days of the date set for trial, unless good cause is shown .
Page 33 | RULE 10 PLEA BARGAINING
A motion to withdraw a guilty plea must be made at least seven days before the sentence hearing.
A motion to withdraw a guilty plea shall be made at least seven days before the sentence hearing .
Page 34 | RULE 13 PRESENTENCE MOTIONS
Motions are scheduled for Friday at 1:00 p.m. on Court Net, but the scheduled motion docket is not a hearing and attendance is not required.
Counsel and pro se litigants who use Court Net will find that all motions are scheduled for Friday's at 1:00 p.m. This is not a scheduled hearing, NO ATTENDANCE IS REQUIRED.
Page 5 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Periods prescribed by these rules must be computed as provided by RCr 1.10(a).
Unless otherwise indicated by these rules, the computation of any period of time prescribed by these rules shall be made in the manner prescribed by RCr 1 .10 (a) .
Page 27 | RULE 2 TIME
Service and Proof of Service Rules
Copies of motions may be mailed, hand delivered, or sent by electronic transmission.
All motions filed pursuant to PFRP 201 (A) shall be filed and clocked no later than 12:00 pm on Wednesday with copies to be either mailed, hand delivered or sent by electronic transmission (CR 5.02). All motions filed after 12:00 pm shall be placed on the following week's motion hour.
Page 5 | 202 Deadline for Serving and Filing Motions
A Guardian Ad Litem appointed for an unmarried infant, a person of unsound mind, or an adult prisoner must notify the respondent of the appointment, the proceeding’s nature, and the right to genetic testing.
Guardians Ad Litem appointed to represent unmarried infants, persons of unsound Guardian Ad Litem, inform the respondent of the nature of the proceeding and of mind, or adult prisoners shall notify the respondent of his/her appointment as a the respondent's right to have genetic testing conducted.
Page 7 | 502 Guardian Ad Litem/Military Attorney appointed for actions filed pursuant to KRS 406
After the hearing, the petitioner must continue diligent efforts to locate and notify everyone who was not served.
The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 8 | 602 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
All parties must be served with notice when an attorney requests to withdraw.
All parties shall be served with notice of an attorney's request to withdraw.
Page 9 | 605 Duty of Guardian Ad Litem and Parent Attorney to Continue
For property mediation, the parties must provide the listed statements and supporting materials to the mediator at least five working days before the conference.
The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: change: Supplement to financial disclosure statement regarding any material mediator and a brief narrative statement of any special problems affecting the A short statement including definition of the issue to be addressed by the etc.). case (e.g. closely held corporation, medical problems of any family member, a. b. Copies of all documents verifying monthly payments and Copies of all documents supporting valuation of assets; outstanding balances on all debts; and, c. mediator prior to the mediation conference. All information and copies of all documents requested by the
Page 10 | 703 Mediation — Requirements for Property Mediation
Notice of a request for a judicial order must be provided to all parties, including the child's Guardian Ad Litem, if any.
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 13
The Clerk must mail the arraignment-assignment order to the Commonwealth Attorney and Defendant, and the text also requires an additional mailing when the charge originated in District Court, though the recipient is cut off.
The Clerk shall mail a copy of the order assigning the indictment for arraignment to the Commonwealth Attorney, and to the Defendant . If the Grand Jury charge was originally made in District Court, the Clerk shall also mail a copy ofthe order assigning the indictment for arraignment to his
Page 2 | Criminal Rule 5 Arraignment
When only one party is represented, counsel must send the explanatory letter with service of the complaint.
In the event that only one party is represented by counsel, counsel for that party shal 1 be required to send, with the services of the complaint, a letter explaining the pro se party's responsibility to attend the clinic .
Page 5 | Amendment to Rule 15
The contempt rule must be served on the party against whom it is sought in accordance with the Civil Rules.
shall be served upon the party against whom the rule is sought as provided by the Civil Rules .
Page 19 | RULE 11. RULES FOR CONTEMPT
A copy of the motion for a contempt rule must be attached to the rule for service.
A copy of the motion for rule shall be attached to the rule for purposes of service of process .
Page 19 | RULE 11. RULES FOR CONTEMPT
Counsel preparing an order or judgment must give the Clerk enough copies to complete service when required by CR 77.04.
Counsel preparing the Order or Judgment shall also deliver to the Clerk a sufficent number of copies to permit the Clerk to complete service thereof when required by CR 77 .04 .
Page 20 | RULE 12. ENTRY OF ORDERS AND JUDGMENTS
For referred matters, the Commissioner must furnish the Clerk with a hearing-setting order and provide copies to all counsel of record.
C) Where such matters are referred to the Commissioner by, Standing Order or referral, either attorney shall schedule the matter for hearing before the Commissioner who shall then furnish the Clerk an Order setting the matter for hearing with copies to all counsel of record .
Page 23 | Rule 15(C)
Bail pending sentencing or appeal may be granted only on the defendant's attorney's motion and upon notice to the Commonwealth's attorney.
Bail pending sentencing or bail during the pendency of an appeal or a reduction thereof shall only be granted on motion by the attorney for the defendant upon notice to the attorney for the Commonwealth .
Page 34 | RULE 14 POST-CONVICTION BAIL
The judge may allow a Temporary Removal Hearing or adjudicatory hearing to proceed without service on the non-custodial parent if the petitioner’s diligent efforts to serve all other parties, including the specified effort to locate an absent parent, are established on the record.
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 FRPP 18.I if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.
Page 8 | 602 The Effects of Service on Only One Parent/Persons Exercising Custodial Control or Supervision
Notice of a motion for a contempt rule is not required.
No notice shall be required of the motion for a rule .
Page 19 | RULE 11. RULES FOR CONTEMPT
After withdrawal, former counsel must forward all pleadings, motions, and other papers to succeeding counsel.
Upon withdrawal, former counsel shall forward all pleadings, motions, and other papers to succeeding counsel .
Page 29 | Rule 5 Arraignment
Counsel may waive service of an order or judgment and notice of its entry.
Counsel may waive service of any order or Judgment, and notice of entry .
Page 20 | RULE 12. ENTRY OF ORDERS AND JUDGMENTS
Filing Fees and Waivers
Each party must pay a $5 clinic fee at attendance, unless granted in forma pauperis status; the Court may order one party to pay the other’s fee in specified circumstances.
4. A fee of $5 .00 payable to the Mountain Comprehensive Care Center Parents' Education Clinic, a non-profit mental health facility, shall be paid by each party at the time of attendance at the Clinic . No fees shall be payable by a party granted permission to proceed In Forma Pauperis . The Court may order one party to pay the fee for the other party if the other party has obtained an In Form Pauperis order or, in the case of a party proceeding pro se, the Court is able to determine that In Forma Pauperis status is appropriate
Page 6 | Amendment to Rule 15
The $50 redocketing fee does not apply to specified Title IV-D motions, but may be charged for later motions brought by a private attorney or filed pro se rather than by Title IV-D counsel, unless the motion is in forma pauperis.
A. Pursuant to FCRPP 14(1), a $50.00 redocketing fee shall not be paid for motions in cases enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent brought pursuant to Title IV-D of the Social Security Act for child support modification or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless motions regarding child support, custody or visitation are brought by a private attorney or the motion is bought in forma pauperis.
Page 7 | 503 Redocketing Fee
Each party must pay the $5 clinic fee when attending, unless granted In Forma Pauperis status; the Court may assign one party the other party’s fee in specified circumstances.
A fee of $5 .00 payable to the Mountain Comprehensive Care Center Parents' Education Clinic, a non-profit mental health facility, shall be paid by each party at the time of attendance at the Clinic . No fees shall be payable by a party granted permission to proceed In Forma Pauperis . The Court may order one party to pay the fee for the other party if the other party has obtained an In Form Pauperis order or, in the case of a party proceeding pro se, the Court is able to determine that In Forma Pauperis status is appropriate
Page 9
The reporter must refund any overpayment to the parties in proportion to their respective payments.
In the event of any overpayment the reporter shall refund that amount to the parties as per their ratio of payment to her
Page 25
Commissioner-related fees must be paid by either party or jointly at the conclusion of proof, or as soon thereafter as possible.
Fees shall be payable by either party or jointly by the parties at the conclusion of the taking of proof or as soon thereafter as possible
Page 25
The parties must pay the reporter at the conclusion of proof or as soon thereafter as possible, based on the reporter's estimate.
The reporter shall be paid by the parties at the conclusion of the taking of proof or as soon thereafter as possible based upon her estimate of the reporting fee
Page 25
The reporter's fee must be consistent with prevailing local rates and may not exceed rates charged by the Kentucky Shorthand Reporter's Association.
Matters heard by the Commissioner shall be reported by a reporter retained by the Commissioner who shall charge a reporter's fee commensurate with the prevailing reporters' fees in the immediate area but in no event more than reporters' fees commensurate with those charged by the Kentucky Shorthand Reporter's Association
Page 25
The Clerk must collect unpaid fees or costs when the Final Judgment or Decree is entered.
The Clerk of the Court shall collect any unpaid fees or costs at the time of the entry of the Final Judgment or Decree.
Page 25
If the parties cancel after the reporter has appeared for the hearing, the reporter is allowed a $25 appearance fee.
In the event the matter before the Commissioner is cancelled for any reason by the parties after the reporter has appeared at the office of the Commissioner for the hearing, the reporter shall be allowed an appearance fee of Twenty-Five Dollars ($25.00).
Page 25
Courtesy Copy Requirements
An emergency motion requires one copy to be delivered to the Pike Family Court Judge's office for review.
In addition, a copy of said motion shall be delivered to the Pike Family Court Judge's office for review.
Page 6 | 203 Emergency Motions
Sealing & Redaction Procedures
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
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
Page 6 | 301 Temporary Custody Order
Mediation proceedings and specified communications must remain private and confidential, except that the mediator is responsible for reporting abuse as cited in the rule.
1. Mediation proceedings shall be held in private and all communications, verbal or be given to communications between the parties in the presence of the mediator, written, made in the proceedings shall be confidential. The same protection shall and to all communications, verbal or written, with the Pike Family Court Office responsible for reporting abuse according to KRS 209.030, KRS 2094.030 and or designce. The only exception to this Rule is that the mediator shall be KRS 620.030.
Page 11 | Confidentiality
Access to the unredacted sealed copy containing personal identifiers is limited to the listed parties, court personnel, authorized child-support personnel, and persons specifically authorized by court order.
The clerk of the court shall allow the unredacted accessed only by a party to the case, an attorney of record in the case, a judge of the sealed copy of the pleading, document, or exhibit containing personal identifiers to be Cabinet for Health and Family Services involved in child support matters attendant to court or other authorized court personnel, a duly authorized employee or agent of the the case, or a person authorized to view the copy by specific orders of the court.
Page 12 | 902 Protection of Personal Identifiers
The Clerk's Office must not release Pike Family Division videos of in-chamber interviews with children without a specific written order of the Family Court Judge.
Pursuant to FCRPP 17, the Pike County Circuit Court Clerk's Office shall not releasc any order of the Family Court Judge. An individual requesting a judicial order must provide the Pike Family Division video in-chamber interviews with children without a specific written Family Court Judge a written explanation for the request which specifically indicates the specific purpose for the request. portion of the video record being requested is an in-chamber interview with a child and
Page 12 | 904 Video Copies of In-Chamber Interviews with Children
For personal identifiers required by statute or included in filed documents or exhibits, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to paragraph B.
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.
Page 12 | 902 Protection of Personal Identifiers
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted; access is governed by the cited rules and statutes.
B. 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 PFRP 504 and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 12 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
Default-judgment motions for failure to plead or otherwise defend are not noticed for hearing; they are filed and submitted upon filing, with a hearing date assigned if the court determines a hearing is necessary.
Rules of Civil Procedure, shall not be noticed for a hearing before the Court but shall be filed Motions for default judgments for failure to plead or otherwise defend, as provided by the under CR 55.01, a hearing date will be assigned. with the Court and stand submitted upon filing. If the court determines a hearing is necessary
Page 7 | 501 Motion Practice
When supporting reasons or authority are filed, the opposing party has five calendar days to file a response.
If a statement or citation in support is filed, the opposing party shall have five (5) calendar days in which to file response .
Page 17 | RULE 8 . MOTION PRACTICE
The presiding Judge rules on the motion without a hearing unless the Judge considers a hearing necessary or the response affirmatively requests one; any hearing is set by order.
The presiding Judge will then rule on said motion, without hearing, unless the presiding Judge believes that a hearin is necessitated, or if a hearing is requested affirmatively in said response, at which time such hearing will be set by order .
Page 17 | RULE 8 . MOTION PRACTICE
A party wishing to respond to the specified motions or authority citations must do so promptly after the motion is filed.
C. Any party desiring to respond to such motions or citations of authorities shall do so promptly after the filing of such motion .
Page 30 | Rule 7 Pretrial Motions
Oral argument on the motion is permitted only if an evidentiary hearing is held or the motion requests argument and the court finds the issues merit it.
Oral argument upon such a motion shall be permitted only when an evidentiary hearing is held, unless the motion specifically requests oral argument and the court determines that the issues raised thereby merit oral argument .
Page 31
Hearings on contested motions are assigned by order, with Fridays preferred, although the Court may assign them at any time.
Hearings on contested motions shall be assigned by order, with Fridays preferred as the date of assignment, but the Court may assign such hearings at any time .
Page 18 | RULE 8 . MOTION PRACTICE
Adjournment & Extension Requirements
Additional time requires leave of court, good cause, and a written motion by counsel stating the grounds with particularity.
Additional time will not be granted except by leave of the court upon a showing of good cause pursuant to written motion of counsel stating with particularity the grounds therefor .
Page 30 | Rule 7 Pretrial Motions
Additional time for the motion will not be granted unless the defendant agrees to postpone the sentence hearing.
Additional time for such a motion shall not be granted unless the defendant agrees to postpone the sentence hearing .
Page 34 | RULE 13 PRESENTENCE MOTIONS
If parties need more than fifteen minutes to present evidence, the Court may place them at the end of the docket, or they may request a later hearing date with more time allotted.
If parties require more than fifteen minutes to present their evidence the Court may assign the parties to the end of the docket or the parties may request the hearing be scheduled for a later date with more time allotted for the hearing.
Page 6 | 404 Hearings
Chambers Communication Rules
The parties must contact the court's secretary and remand any pending hearings concerning resolved issues.
3. The parties shall have the affirmative duty to contact the court's secretary and remand any pending hearings concerning resolved issues.
Page 11 | Completion of Mediation