Powell County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Continuance Motion
- 1 copy
Notice of Motion, Motion
- 1 copy • At Time of Service
Adjournments
- An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
- A show-cause hearing may not be set sooner than seven days after service unless the Court orders otherwise; the respondent must appear as noticed but may be entitled to a continuance if served fewer than seven days before the hearing date.
Request must include
Communication
Other Contacts4 contacts
Clerk3 contacts
Chambers1 contacts
Page & Word Limits1 rule
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
- Discovery service notice
- Up to 1 page
Document Format Requirements4 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
Such orders shall be by separate styled instruments and not on the same page as the motion.
When answering interrogatories or requests for admissions, the replying party shall set forth immediately proceeding each answer the question or the request to which the answer is responsive.
The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.
Document Filing Requirements88 rules
The judge reviewing a petition 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.
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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.
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 order pretrial diversion on appropriate terms and conditions, and must use AOC Form 345 for the order.
Court's wording
The Cowl may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate . AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .
The Commonwealth must make a written recommendation for each application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application . AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
If the Commonwealth Attorney recommends diversion, AOC Form 347 must be filed with the Circuit Court Clerk and signed by the defendant, defense attorney, and Commonwealth Attorney.
Court's wording
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk .
A diversion order must include the specified restitution, supervision, duration, and defendant-obligation terms, including any applicable supervision fee.
Court's wording
The Order of Diversion shall include : 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion . The defendant shall be specifically directed to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose .
The defense attorney must submit the application to the Circuit Judge and Commonwealth Attorney, and the application must state the speedy-trial or disposition waiver agreed to by the defendant on the record.
Court's wording
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney. In the application 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 .
Restitution, where victim has suffered monetary damage.
The Commonwealth shall make a written recommendation to the Court in response to each application.
AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.
Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10 .00 or more that $25 .00 shall be imposed on the divertee .
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 . KRS 533 .252(3) .
Have the Office of Probation and Parole prepare a partial pre-sentence investigation report .
AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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 ofthe charge against him/her is waived.
A diversion order must address restitution when applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the defendant’s required conduct and conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533.030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion. The defendant shall be specifically directed to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .
Have the Office ofProbation and Parole prepare a partial pre-sentence investigation report.
The Commonwealth must submit a written recommendation for each application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose.
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 . KRS 533 .252(3).
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly.
All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law.
- Document
- Motion
Must include
- •Proposed order
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form
If efforts to arrange a mutually agreeable hearing time fail, the continuance request must be made in a written motion stating the reasons for the request.
Court's wording
Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.
The Court must be furnished a certified, accurate, and complete typed transcript of the testimony and all objections in addition to the video recording.
Court's wording
In addition to the video recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typed transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete.
Prior to the trial date, counsel for the parties shall meet or confer via telephone for a final discussion of (1) possibility of settlement, and (2) preparation of written stipulation of all possible facts.
Upon completion, counsel for the parties shall advise the Court that such final conference was held and the results thereof.
When completed, the video and typed transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same in the manner required by law.
Counsel shall tender proposed Jury Instructions on the first day of trial for the Court's review.
Each deposition shall be taken before an officer duly qualified to administer the oath to the witness and to certify that the record thus made is accurate and complete.
Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket.
B. Sales cannot occur outside the time specified in the Judgment and Order of Sale. If the specified time expires, there must be a new Order setting forth a later sale date.
C. Sales may only be cancelled through the Master Commissioner's Office and Circuit Judge's Office in writing.
It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example below:
It shall also have the documentation of which counsel it was "prepared by." If the party against whom the Order or Judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
Agreed orders must be signed by all counsel of record or affected unrepresented parties; trial-continuance orders are excluded, and affected counsel need not appear for these orders.
Court's wording
C. The Court will execute all Agreed Orders signed by all counsel of record or by the parties not represented by counsel who are affected by the Order with the exception of Orders continuing the trial of any case. The disposition of such Orders shall not appear on the motion day docket, and counsel for the parties affected by such Orders need not appear before the Court.
A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such judgment, which must appear on the motion docket. Said motion shall be accompanied by the movant's certificate as stated in CR 55.01.
Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.
Motions must be noticed for hearing unless they may be heard ex parte or a rule allows otherwise.
Court's wording
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
The notice of the hearing shall specify the date, time, and place for the hearing.
A party seeking a show-cause order for contempt must file a motion supported by a sufficient affidavit showing entitlement to the order.
Court's wording
To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.
If counsel dispute whether a proposed order conforms to the ruling, they must notify each other, review the hearing video within five business days, and, if still in disagreement, tender a joint statement with both proposed orders and a tape citation.
Court's wording
In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.
Tendered orders, decrees, and judgments must place “Prepared By” above the tendering attorney’s or party’s signature.
- Document
- Order decree judgment
- Placement
- Signature block
Court's wording
All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.
When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the Court.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.
The petition shall be filed pursuant to KRS Chapter 199, and in accordance with FCRPP 32 and 33, and a Guardian ad Litem (GAL), shall be appointed for the child(ren), unless the provisions of KRS 199.480(3) are met.
The Order shall contain a short statement of the grounds for its issuance and the following statement: IF YOU FAIL TO APPEAR AT THE HEARING, AN ORDER FOR YOUR ARREST WILL BE ISSUED.
If a party in default has appeared in the action, the motion shall appear on a docket
A party seeking default judgment under CR 55.01 must file a written motion accompanied by the specified attorney certificate and military-service affidavit.
Court's wording
A written motion must be filed by a party seeking a judgment by default under CR 55.01. The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.
The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32.
The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Any expenses paid by the prospective adoptive parents) shall be submitted to the Court per KRS 625.0405(2).
Motions for compensation must include an affidavit stating the basis for appointment, details and reasonableness of the services and fee, and the disposition date.
Court's wording
B. Motions for compensation shall be accompanied by an affidavit indicating: a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding have been concluded and the date of disposition.
The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.
A petition must cite the statutes and factual allegations supporting jurisdiction, provide full parental information and addresses, and describe the petitioner's diligent efforts to locate the parents.
Court's wording
Any petition filed with this Court shall comply with the following conditions: 1. It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.
The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.
Filing & Service rules
Electronic Filing Rules
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
Page 10 | 203 MOTIONS, A. FORM OF MOTIONS
Motions for the Motion Docket must be filed in the county of the proceeding, at that county's Circuit Court Clerk's Office or electronically, by close of business at least seven days before the scheduled Motion Hour.
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.
Page 10 | 203 MOTIONS, B. DEADLINE FOR SERVING AND FILING MOTIONS
CR 33 interrogatories and answers, CR 34 production or inspection requests and answers, and CR 36 admission requests must not be filed with the Court.
Interrogatories propounded under CR 33 and answers thereto, requests for production or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 shall not be filed with the Court.
Page 12 | 206 ANSWERING AND FILING INTERROGATORIES OR REQUESTS
Emergency Protective Orders must be filed electronically through eque/ewarrants by a law enforcement officer or the appropriate Circuit Clerk’s office.
Emergency Protective Orders shall be filed electronically by and through a law enforcement officer or the appropriate Circuit Clerk's office through eque/ewarrants.
Page 14 | 401 PROCEDURES FOR FILING AND OBTAINING EMERGENCY PROTECTIVE ORERS
Filing Timing and Cure Windows
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
An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference 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 7 | Procedure
A response filed at a party's request or by Court order must be filed before the motion hearing unless the Court sets a different time.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Page 3 | Rule No. 1—Motion Days and Motions
Motions filed at least three business days before motion day are docketed in order for that day; later motions are docketed on the following motion day unless the parties agree otherwise.
The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.
Page 3 | Rule No. 1—Motion Days and Motions
Signed judgments and orders of sale must be sent to the Master Commissioner's Office within ten days after the judge signs them.
A. All signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten (10) days of Judge's signature.
Page 5 | RULE 7 - MASTER COMMISSIONER
In the specified civil cases, counsel for the prevailing party must prepare a conforming order or judgment within seven business days, unless the Court directs otherwise.
A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict, unless directed otherwise by the Court.
Page 6 | RULE 9 - ENTRY OF ORDERS AND JUDGMENTS AND SERVICE
The statement of appeal must be filed within 30 days after the first notice of appeal, unless a motion for extension is filed as provided by CR 74; otherwise, dismissal and remand follow.
B. If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
A counter-statement is due within 30 days after a timely statement of appeal; if none is filed, a motion for extension must be filed within the following 10 days to avoid submission of the case.
C. If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
Motions for the Motion Docket are due by close of business at least seven days before the scheduled Motion Hour.
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.
Page 10 | 203 MOTIONS, B. DEADLINE FOR SERVING AND FILING MOTIONS
If the filing deadline falls on a day when the Circuit Court Clerk's Office is closed, the deadline is extended to the close of that office on the preceding day.
In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day.
Page 10 | 203 MOTIONS, B. DEADLINE FOR SERVING AND FILING MOTIONS
A motion that is not timely filed must be re-noticed for a hearing on a specified day and time.
All motions not timely filed shall be re-noticed for hearing on a day and time certain.
Page 10 | 203 MOTIONS, B. DEADLINE FOR SERVING AND FILING MOTIONS
CHFS, GAL, and other agency reports must be filed within 45 days after the petition is filed unless the Court extends the period.
Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.
Page 12 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS, 301 ADOPTION PROCEEDINGS, B. REPORTS
Counsel must tender all necessary paperwork and orders to the Court seven days before the hearing for review.
Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.
Page 13 | D. FINAL HEARING DATES
Immediately upon filing, the petitioner must obtain a pretrial date directly from the Court.
Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
Within 60 days of appointment, the Guardian ad Litem must file an answer or a report stating that a defense cannot be presented after careful examination.
D. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406, D
A dissolution proceeding cannot be assigned for a final contested hearing or submitted on deposition until 20 days have elapsed, or 60 days if the parties have minor children, from the first specified triggering event.
A proceeding for dissolution of marriage will not be assigned for a final contested hearing or submitted upon deposition until twenty (20) days (or sixty (60) days, if there are minor children of the parties) has elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a verified responsive pleading by the Respondent, whichever first occurs, following the following of the petition and issuance of the summons.
Page 19 | 707 TIME OF FINAL CONTESTED HEARING OR SUBMISSION
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 2 | Uniform Protocol for Handling Cases
An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference 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
The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.
The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.
Page 13 | 303 INVOLUNTARY TERMINATION — D. HEARINGS
Service and Proof of Service Rules
The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant upon the specified showing of noncompliance or lack of satisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 4 | V.A
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service.
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service.
Page 3 | Rule No. 1—Motion Days and Motions
Each party must submit its Witness List and Exhibit List to all other parties seven days before trial.
Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties.
Page 4 | Rule 4 - Pretrial Conferences and Assignment of Cases for Trial - Civil Cases
Notice of the deposition's time and place and the witnesses to be deposed must be given unless the parties agree on those matters.
Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken unless said matters are agreed upon by the parties, as in other cases.
Page 4 | Rule 3 - Video Depositions
The Circuit Clerk must distribute orders by mail or delivery to the listed recipients and certify distribution with a check mark, initials, and date on the Distribution list.
The Circuit Clerk shall distribute copies of all Orders by mail or delivery to the persons listed under DISTRIBUTION, shall certify mailing or delivery by making a check mark by the person listed, and shall initial and date the same at the bottom of the Distribution list.
Page 6 | RULE 10 - DISTRIBUTION OF ORDERS
Copies of motions must be served on all parties by mail, hand delivery, or electronic transmission under CR 5.02, subject to the stated exceptions.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
Page 10 | 203 MOTIONS, A. FORM OF MOTIONS
A show-cause order cannot be heard unless an officer authorized to serve a summons has served it on the person named in the order.
No order shall come on for hearing unless it has been served on the person named in the Order by an Officer authorized to serve a summons.
Page 11 | 204 ORDERS, C. SHOW CAUSE ORDERS
If the defaulting party has appeared, that party or its representative must receive written notice of the motion at least seven days before the noticed docket.
If a party in default has appeared in the action, the motion shall appear on a docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least seven (7) days prior to the noticed docket.
Page 12 | 205 DEFAULT JUDGMENT
Petitioner’s counsel must give notice of the final hearing date to all necessary parties.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Page 13 | 302 VOLUNTARY TERMINATION PROCEEDINGS — C. HEARINGS
A copy of the Order must be served on any appointed counsel immediately after counsel is appointed.
A copy of the Order shall be served upon any appointed council immediately following appointment.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
The petitioner must serve the Order on the parents and GAL with the Petition and Summons.
Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
A Guardian ad Litem appointed to represent a married infant, a person of unsound mind, or an adult prisoner must notify the respondent of the appointment and explain the proceeding and the respondent's right to genetic testing.
C. Guardian ad Litem's appointed to represent and married infants, persons of unsound mind, or adult prisoners shall notify the respondent of his or her appointment as the Guardian ad Litem, and inform the respondent of the nature of the proceeding and of respondents right for genetic testing conducted.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406, C
A copy of the Disposition Report must be given to counsel, pro se litigants, and the Guardian ad Litem seven days before the disposition hearing or review.
The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.
Page 17 | 607 REPORTS
As ordered by the Court, case progress reports must be delivered to each party in cases where a child is committed to the Cabinet for Health and Family Services.
The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.
Page 17 | 609 CASE PROGRESS REPORT
All reports must be delivered to counsel, pro se litigants, and the Guardian ad Litem seven days before annual permanency review hearings.
Annual permanency reviews shall be held pursuant to KRS 610.125 and all reports shall be delivered to counsel, pro se litigants, and the Guardian ad Litem seven (7) days in advance of hearing dates.
Page 17 | 610 ANNUAL PERMANENCY REVIEWS
Unless the parties agree or good cause is shown, all required information for a maintenance-modification motion must be exchanged by counsel or the parties ten days before the hearing.
Any motion to modify maintenance shall comply with FCRPP 5, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
Unless the parties agree or good cause is shown, all required information for a child-support modification motion must be exchanged by counsel or the parties ten days before the hearing.
Any motion to modify child support shall comply with FCRPP 9, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
A parent or custodian intending to move with the children must give the other parent or custodian written notice at least 60 days before the move, but a domestic violence petitioner's residential address need not be included if an order exists.
Pursuant to FCRPP 7(2), if other parent or custodian intends to move with the children from his or her present residence, he or she shall give written notice to the other parent or custodian at least 60 days prior to such move. Residential addresses of domestic violence petitioners shall not be required in the notice if there is an existing domestic violence order.
Page 18 | 703 RELOCATION OF CHILDREN
The Final Verified Disclosure Statement AOC-239 must be served on the other party before a contested final hearing.
Prior to a contested final hearing a Final Verified Disclosure Statement AOC-239 shall be filed in the record and served upon the other party.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
The preliminary disclosure exchange must occur within 45 days after service of the petition on the respondent.
The exchange of these disclosures shall occur within forty-five (45) days of service of the petition on the Respondent.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Each party must serve the preliminary disclosure statement on the other party, subject to a good-cause or agreed-order exception.
Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
The CDW must certify copies to the listed recipients, and the certification requirement also applies to orders entered in status proceedings.
the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ), and the Court/School Liaison. This certification shall apply to any orders entered by the Court in the status proceedings.
Page 21 | RULE 8 STATUS OFFENSES
Counsel must receive the dispositional report at least two business days before the disposition hearing.
At least two (2) business days prior to the disposition hearing, counsel shall receive a dispositional report to assist in final disposition.
Page 21 | RULE 8 STATUS OFFENSES
Summons show issued to the parents or other person exercising custodial control or supervision upon falling of the petition, setting a date for initial appearance.
Summons show issued to the parents or other person exercising custodial control or supervision upon falling of the petition, setting a date for initial appearance.
Page 21 | RULE 8 STATUS OFFENSES
The Judge may allow specified hearings to proceed without service on the non-custodial parent only if the petitioner’s diligent efforts to serve the other parties are established on the record and that parent is not the named perpetrator.
The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that 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, and that parent is not the named perpetrator of the alleged neglect or abuse.
Page 16 | 603 THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODY AND CONTROL OR SUPERVISION
Current financial documentation need not be exchanged for post-decree motions to enforce maintenance or child-support orders.
The exchange of current financial documentation shall not be required for post decree motions to enforce maintenance or child support orders.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
A party may apply for an order compelling disclosure exchange or execution of a release after reasonable notice to the other parties and affected persons.
A party, upon reasonable notice to other parties and all persons affected thereby may apply for an order compelling the exchange of the Verified Disclosure Statements or the execution of a release, and the Court may assign the cost of obtaining the order, including attorney's fees, to the party or attorney whose conduct necessitated the motion.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Filing Fees and Waivers
If a sale is cancelled, the Master Commissioner Fees and Costs must be filed and paid in accordance with law.
D. If a sale is cancelled, the Master Commissioner Fees and Costs will be filed and paid in accordance with the Law.
Page 5 | RULE 7 - MASTER COMMISSIONER
The appeal notice is processed upon filing a proper notice of appeal and paying any costs required by the Civil Rules.
A. Upon the filing of a proper notice of appeal in the District Court, and the payment of costs as may be required by the Civil Rules, the Circuit Clerk shall place a copy of the notice of appeal in the box of the Circuit Judge.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
Courtesy Copy Requirements
If the parties cannot agree on a hearing time, a copy of the continuance motion must be directed to the Judge and the motion must also be filed with the Clerk.
Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
Page 3 | Rule 2 - Continued Motions
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service.
At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service.
Page 3 | Rule No. 1—Motion Days and Motions
Sealing & Redaction Procedures
All adoption and termination of parental rights proceedings are confidential.
All adoption and termination of parental rights proceedings shall be confidential.
Page 14 | 304 CONFIDENTIALITY
Access to the unredacted sealed copy containing personal identifiers is limited to the listed authorized people.
The clerk of the court shall allow the unredacted sealed copy of the pleading. document, or exhibit containing personal identifiers to be assessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized or personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the Court.
Page 22 | 901 PERSONAL IDENTIFIERS
The clerk must provide a marked envelope for designated sealed documents, place the unredacted documents in it when filed, and withhold it from unauthorized people.
The clerk of the court shall place a marked envelope for filing sealed documents in each unsealed record filed under the jurisdiction of the 39th Judicial Circuit when the action is commenced or when unredacted documents are filed and have been designated as containing personal identifying information to be sealed. The clerk shall place the unredacted documents in the envelope when filed, and shall not release the envelope to any unauthorized person.
Page 22 | 901 PERSONAL IDENTIFIERS
When filed materials contain personal identifiers, parties must file a redacted copy for the record and an unredacted copy designated for sealing.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted for the record and filing an unredacted copy designed to be sealed.
Page 22 | 901 PERSONAL IDENTIFIERS
Pre-Motion Conference Requirements
Before filing the specified discovery motions, counsel must make a good-faith effort to resolve the dispute and be unable to do so.
A motion to compel disclosure statements, releases, discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR37 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 10 | 203 MOTIONS, A. FORM OF MOTIONS
Adjournment & Extension Requirements
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
Page 3 | Rule 2 - Continued Motions
A show-cause hearing may not be set sooner than seven days after service unless the Court orders otherwise; the respondent must appear as noticed but may be entitled to a continuance if served fewer than seven days before the hearing date.
When this motion and affidavit are filed, an Order may be issued ex parte which shall not come on for a hearing sooner than seven (7) days from the date it is served, unless otherwise ordered by the Court. The Respondent shall appear on the date noticed for hearing, but may be entitled to a continuance if served less than seven (7) days from the date noticed.
Page 11 | 204 ORDERS, C. SHOW CAUSE ORDERS
Chambers Communication Rules
The Breathitt Circuit Court Clerk or a deputy clerk may take protective-order petitions and administer oaths during the listed business hours.
A. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours: i. BREATHITT COUNTY The Breathitt Circuit Court Clerk or any Breathitt Deputy Clerk Breathitt County Judicial Center 1131 Main Street Jackson, Kentucky 41339 Phone: (606) 666-5768 Regular Business Hours: Monday-Friday 8:00 a.m. to 4:00 p.m.
Page 3 | Twenty-four Hour Accessibility, A.i. BREATHITT COUNTY
The Wolfe Circuit Court Clerk or a deputy clerk may take protective-order petitions and administer oaths during the listed business hours.
III. WOLFE The Wolfe Circuit Court Clerk or any Wolfe Deputy Clerk Wolfe County Judicial Center Hwy 191 Campton, Kentucky 41301 Phone: (606) 668-3736 Regular Business Hours: Monday-Friday 8:00 a.m. to 4:00 p.m. (5:00p.m. on the 1t Friday of each Month)
Page 3 | Twenty-four Hour Accessibility, A.III. WOLFE
The Powell Circuit Court Clerk or a deputy clerk may take protective-order petitions and administer oaths during the listed business hours.
II. POWELL COUNTY The Powell Circuit Court Clerk or any Powell Deputy Clerk Powel County Courthouse 52 Washington Street Stanton, Kentucky 40380 Phone: (606) 663-4141 Regular Business Hours: Monday and Friday 8:00 a.m. to 6:00 p.m. Tuesday, Wednesday & Thursday 8:00 a.m. to 4:30 p.m.
Page 3 | Twenty-four Hour Accessibility, A.II. POWELL COUNTY
For after-hours and weekend protective-order petitions in Breathitt County, call 911 or Jackson City Dispatch.
B. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends: i. BREATHITT COUNTY The Breathitt County Sheriff or any Breathitt County Deputy Sheriff Any Officer of the Jackson Police Department Any member of the Kentucky State Police Call 911 or Jackson City Dispatch at (606) 666-2424
Page 3 | Twenty-four Hour Accessibility, B.i. BREATHITT COUNTY
For after-hours and weekend protective-order petitions in Wolfe County, call 911 or Jackson City Dispatch.
B. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends: iII. WOLFE COUNTY The Wolfe County Sheriff or any Wolfe County Deputy Sheriff Any member of the Kentucky State Police Call 911 or Jackson City Dispatch at (606) 666-2424
Page 4 | Twenty-four Hour Accessibility, B.III. WOLFE COUNTY
For after-hours and weekend protective-order petitions in Powell County, call 911 or Powell County Emergency Dispatch.
B. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends: II. POWELL COUNTY The Powell County Sheriff or any Powell County Deputy Sheriff Any Officer of the Stanton or Clay City Police Department Any member of the Kentucky State Police Call 911 or Powell County Emergency Dispatch at (606) 663-4116
Page 4 | Twenty-four Hour Accessibility, B.II. POWELL COUNTY
The Commonwealth must not request the criminal-record check from the local Pretrial Service Officer.
No such requests shall be made to the local Pretrial Service Officer.
Criminal cases
Page 8 | Procedure
Before making a recommendation, the Commonwealth must arrange a criminal-record check by calling Pretrial Services at AOC.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381
Criminal cases
Page 8 | Procedure
The Commonwealth may arrange the required criminal-record check by faxing the request to the listed AOC number.
or faxing the request to (502) 573-1669.
Criminal cases
Page 8 | Procedure
After statutory time periods are met and the GAL and CHFS reports are filed, petitioner’s counsel must obtain a hearing date directly from the Court and give notice to necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s). on notice to the necessary parties, and after the Guardian ad Litem report and CHFS report has been filed, shall obtain a hearing date directly from the Court.
Page 12 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS, 301 ADOPTION PROCEEDINGS, C. HEARING DATES
Petitioners seeking to file civil contempt charges should contact their respective Circuit Court Clerk's Office.
Their respective Circuit Court Clerk's Office if they seek to file civil contempt charges.
Page 6 | IV. Contempt Proceedings
Attorneys must promptly inform the Court of any partial or complete settlement or continuance of a matter set for hearing or trial.
They will promptly inform the Court of any settlement, partial or entire, with any party or the continuance of any matter set for hearing or trial.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
Attorneys must be punctual at court appearances and promptly notify the Court and other counsel of circumstances requiring absence or tardiness.
B. Attorneys shall be punctual in all court appearances and shall give prompt notice to the Court and to all other counsel in the case of any circumstances requiring his or her absence or tardiness.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
The parties are encouraged to call the Judge's office if they believe issues need to be addressed before trial at a pretrial conference.
If any of the parties feel there are issues that must be addressed prior to trial via a pretrial conference, the parties are encouraged to contact the Judge's office at 606-666-7130
Page 4 | Rule 4 - Pretrial Conferences and Assignment of Cases for Trial - Civil Cases
If any of the parties feel there are issues that must be addressed prior to trial via a pretrial conference, the parties are encouraged to contact the Judge's office at 606-666-7130 or at lisawhisman@kycourts,net
If any of the parties feel there are issues that must be addressed prior to trial via a pretrial conference, the parties are encouraged to contact the Judge's office at 606-666-7130 or at lisawhisman@kycourts,net
Page 4 | Rule 4 - Pretrial Conferences and Assignment of Cases for Trial - Civil Cases
Contact the circuit court clerk’s office by phone or in person to access case records.
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
Call the clerk to confirm the Circuit Court motion schedule.
Circuit Court Motion Hours: First and third Wednesday following the first Monday of each month. Please call if you need to confirm.
Page 1 | Court Schedule