Pulaski Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- 1 copy • At Least 5 Days Before Noticed Hearing Date
- Prior to Hearing
Adjournments
- If no written settlement notice or continuance request is received, the parties and counsel are expected to appear at the scheduled hearing unless the Court orders otherwise.
- When counsel requests or agrees to pass or continue a pending motion, the moving party must re-notice the motion in writing under these Rules and the Civil Rules.
- When a scheduled trial or hearing is settled or a continuance is requested, counsel must promptly notify the Clerk and Court in writing by submitting a proposed order that identifies the scheduled date and removes the matter from the calendar.
- +3 more
Request must include
Communication
Phone
Document Format Requirements6 rules
Subject to court orders and rules governing e-filing, only original papers may be filed; facsimiles, emails, and other copies may not be filed except as exhibits to a properly filed document.
Court's wording
E. Except as otherwise ordered by the Court or provided for by the Civil Rules or other Supreme Court Orders as relates to e-filing, the Clerk shall only accept for filing original pleadings, motions, memoranda, proposed orders and other papers. Facsimiles, emails or other copies shall not be filed except as exhibits to an otherwise properly filed document.
Court papers must meet the stated paper, font, spacing, margin, and pagination requirements, except for AOC or other official agency-approved forms.
- File type
- Paper
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Formatting
- •The font must be size 12 or larger, excluding footnotes
- •Indented quotations and footnotes are excepted from the double-spacing requirement
- •Documents exceeding one page must be paginated
Exception
Indented quotations and footnotes), and with at least a one inch margin on each side
Court's wording
All pleadings, motions, memoranda, proposed orders and other papers to be field with the Court shall be printed or typewritten on one side only of unglazed white paper which is 8.5 inches by 11 inches in dimension, in size 12 font or larger (excluding footnotes), double spaced (except for indented quotations and footnotes), and with at least a one inch margin on each side. All documents exceeding a single page in length shall be paginated. This Rule shall not apply to AOC or other official agency approved forms.
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
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Formatting
- •Petitions must be made on form AOC-275.1.
Court's wording
All petitions requested, completed, and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
A verified emergency protective order or domestic violence order motion in a dissolution or child custody proceeding must use AOC form 275.1 and be filed as a petition.
Court's wording
If a verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2), and it shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
Counsel must not file copies of cited authorities unless they are unavailable through traditional or computer-assisted legal research, but may tender relevant authority copies at a pending-motion hearing.
Court's wording
G. Except as otherwise ordered, when filing pleadings, motions, memoranda or other papers, counsel shall not file copies of relevant reported or un-reported cases or other cited authority unless such case or other authority is unavailable through the use of traditional or computer assisted legal research methods. Counsel may, at a hearing on a pending motion, tender to the Court copies of relevant authority.
Document Filing Requirements93 rules
B. The Commonwealth shall make a recommendation to the Court in response to each motion . KRS 533 .250(2) .
A. In applying for the 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 for the charge against him/her is waived.
9. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner .
A diversion recommendation must address the diversion conditions and the sentence if the agreement is unsuccessful; both may be included in one recommendation.
Court's wording
When diversion is recommended, the Commonwealth must make 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). Both may be included in one recommendation .
The diversion order must include the listed restitution, supervision, fee, duration, compliance, testing, and weapon-related terms, subject to the stated applicability qualifications.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised . 3. Supervision fees, if applicable . 4. Duration of Diversion. 5. Require defendant to obey all rules and regulation imposed by Probation and Parole . 6. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate. 7. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable . 8. That the petitioner possess no firearm or any other deadly weapon .
10 . Duration of the pretrial diversion shall not be less than the time required to make restitution in full and shall be extended if restitution is not paid in full.
Cases filed in the family court of the 28t judicial circuit shall be styled as follows: COMMONWEALTH OF KENTUCKY 28th JUDICIAL CIRCUIT LINCOLN CIRCUIT COURT DIVISION III (FAMILY COURT) CASE NO.
C. Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.
D. Any "Agreed Order," except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.
All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:
Each motion filed in the 28th Judicial Circuit Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.
A party seeking a ruling to show cause must file a motion requesting a hearing date, which the Family Court Judge or staff will set.
Court's wording
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: A. A motion for a ruling to show cause and for a hearing date which shall be set by the Family Court Judge or his/her staff.
A party seeking a ruling to show cause must file an order incorporating the affidavit's allegations and setting the appearance date supplied by the Judge or staff.
Court's wording
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: C. An order incorporating the allegation of the affidavit and setting the date which will be provided by the Judge or his/her staff, for the responding party to appear and show cause why he/she should not be held in contempt, e.g.:
The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: B. An affidavit setting forth facts supporting the motion.
D. Proposed Findings of Fact, Conclusions of Law and Order, or if the responding party is subsequently found to be in contempt, shall be tendered by the prevailing party at the request of the presiding Family Court Judge.
A motion for compensation must include an affidavit stating the appointment basis, service hours and description, fee reasonableness, and that the proceeding has concluded.
Court's wording
Motions for compensation shall be accompanied by an affidavit indicating: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.
Answers to interrogatories, requests for production and requests for admissions shall not be filed unless otherwise directed by the Court.
Copies of interrogatories, request for production and requests for admissions made pursuant to CR 33, 34 and 36, shall be filed with the Clerk.
The required written notice of settlement or continuance must be submitted as a proposed order identifying the scheduled date and removing the matter from the hearing calendar.
- Document
- Notice of settlement or continuance
Must include
- •Proposed order
Court's wording
Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.
The party seeking entry of an order compelling discovery, entry of a protective order, or for sanctions shall include a "certificate of good faithi signed by counsel which details the efforts to resolve the dispute and that such dispute cannot be resolved without intervention of the Court
Such notification of settlement is a certification by counsel that all issues have been resolved.
Upon serving answers to any of the foregoing, counsel for the answering party shall file a simple certificate of service and shall identify any matter left unanswered.
- Document
- Discovery answers
Must include
- •Certificate of service
The Judgment of Termination of Parental Rights shall include only the name of the child.
- Document
- Judgment of termination of parental rights
Must include
- •Include only the name of the child
If the Court requires revisions, the Petitioner must tender revised findings and conclusions within three business days after the final hearing.
Court's wording
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.
Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
The summons must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.
Court's wording
The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.
If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.
No custody, visitation or other ancillary matters shall be handled on the paternity docket. The parties must file a separate civil action.
The parties’ agreement to waive the 45-day requirement or continue the temporary custody order beyond 45 days must be in writing and include specific reasons.
Court's wording
In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall agree in writing and state specific reasons why the waiver and/or continuance beyond the 45 days is necessary to serve the best interest of the child, i.e., for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.
The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.
At the specified hearings, CHFS must provide the court and parties the completed DNA-12 information, a suggested parenting plan, and an explanation of proposed visit restrictions based on specific findings.
Court's wording
At the dispositional hearing and the FCRPP 30 hearings (the six-month and other reviews and permanency reviews), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC Form DNA-12. In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits.
A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.
Counsel for the child-support recipient must draft, file, and mail the wage-withholding document using the form required for the filing party.
Court's wording
It shall be the responsibility of counsel for the recipient of the child to draft, file and mail the wage withholding utilizing the AOC Form 152 and the OMB-0970-0154 if filed by a private party or the CS-89 if filed by the state child support agency, in compliance with FCRPP 9.
Proof in an uncontested action shall be taken by deposition or interrogatory pursuant to CR 43.04(1).
If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.
Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation.
Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt.
A motion to set a domestic relations action for trial shall be noticed for any regular Motion Hour.
A motion for a subpoena and release order for psychiatric or other privileged records must be accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis, and the Court must hold a hearing before ordering release.
Court's wording
B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party, accompanied by an appropriate affidavit which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order. The Court shall require a hearing prior to ordering the release of any privileged information.
In any case tried by deposition or interrogatory, a motion to submit shall be accompanied by a statement of desired Findings of Fact, Conclusions of Law and Judgment.
A Separation Agreement or Final Decree with parenting-time provisions must incorporate the approved parenting-time schedule and include the specified relocation language.
Court's wording
Each Separation Agreement and Final Decree, which includes provisions for parenting time, shall include a statement incorporating the parenting time-sharing schedule ordered by the Court or agreed to by the parties and approved by the Court, and shall also include the following language: The agreed parenting time-sharing schedule is based on the current residences of the parties. Any parent who wishes to relocate shall comply with the requirements of FCRPP 7(2) prior to such relocation.
Each party shall present any pertinent motions; stipulations, and agreement reached; any witness, exhibit, and document lists, with appropriate intormation attached; and final financial statements in accordance with the FCRPP.
Each party shall bring to the mediation conference any and all supporting documents to support their position.
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by all parties. The Mediator or parties' attorney shall be responsible for the drafting of the agreement, with the consent of the parties.
A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge.
Prior to the hearing, counsel will present to the Court a proposed Findings of Fact, Conclusions of Law and Decree signed by both parties and all counsel.
An individual requesting a judicial order must file a motion for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose of the request.
Only mutual written agreements filed in the record may be enforced by this Court.
Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510 (1) (a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515
The adoption checklist asks whether a notarized consent form has been filed and, if not, whether an exception to consent applies.
Court's wording
Has a notarized consent form been filed? KRS 199.500 Yes _No Does it comply with KRS 199.011(14)? If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500 (1)(a-d) or KRS 199.502
Has the petitioner tendered a proposed Findings of Fact, Conclusions of Law and a separate Judgment of Adoption?
Does the petition contain the verification and all required information?
Did the adoptive parents pay any expenses for the biological parents? If yes, were the expenses submitted to the Court, supported by an affidavit, setting forth in detail a listing of the expenses for the Court's approval or modification?
Does the petition contain all the required information?
Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030
Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. 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.
Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.
F. All motions, except for trial or pre-trial conference dates, shall include a statement of the grounds for the motion and the legal authority relied upon in support of the motion.
Filing & Service rules
Electronic Filing Rules
Greenhouse-17 and the specified regional centers and shelters may electronically file protective-order petitions where electronic filing is available.
ii. Greenhouse-17, along with any other regional rape crisis centers under KRS 211.600 or regional domestic violence shelters under KRS 209A.045, may electronically file petitions for protective orders where available.
Page 3 | Twenty-Four Hour Accessibility
Filing Timing and Cure Windows
Motions must be filed and noticed at least five days, excluding weekends, before the hearing.
Motions shall be filed and noticed five days (excluding weekends) prior to hearing.
Civil cases
Page 5 | 201 REGULAR SCHEDULE
Motions for a Motion Day must be filed with the Clerk by 3:00 p.m. on the preceding Friday, though the judge may docket a later filing.
B. Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Friday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
A post-judgment motion for a Rule concerning violation of an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.
2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
The proposed findings and separate judgment must be tendered no later than three business days before the final hearing.
No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.
Civil cases
Page 13 | 302 Judgment and Findings of Fact
If the Court requires revisions, the revised findings and separate judgment must be tendered within three business days following the final hearing.
Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.
Civil cases
Page 13 | 302 Judgment and Findings of Fact
The guardian ad litem fee motion and affidavit must be filed promptly at the final hearing or before entry of final judgment.
Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
Civil cases
Page 14 | 303 Guardian Ad Litem
Motions on the Status J docket, other than contempt motions, must be filed one week before the court date; contempt motions must comply with 28RFFC 204.
Any motion, except contempt, filed on the Status "J" docket shall be filed one week in advance of the court date. All Motions for Contempt shall comply with 28RFFC 204.
Civil cases
Page 25 | 801. REVIEW
The responding party has seven days to file a similar statement or object to the motion to submit.
The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.
Civil cases
Page 25
The involuntary termination checklist requires checking whether the petition was filed at least five days after the child's birth.
Was the petition filed five (5) days or more after the child's birth?
Civil cases
Page 43 | CONCERNING THE PETITIONER AND RELATED MATTERS
If the parent seeking termination is indigent, the checklist requires checking whether an attorney was appointed within 48 hours of the court's determination.
Is the parent desiring termination indigent? If yes, was an attorney appointed within 48 hours of court's determination?
Civil cases
Page 44 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
The voluntary termination checklist requires checking whether the petition was filed at least 72 hours after the child's birth.
Was the petition filed 72 hours or more after the child's birth?
Civil cases
Page 44 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
Petitions must be directed for judicial review as soon as reasonably possible and within one hour of filing, unless the judge or Trial Commissioner is unavailable.
Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon as reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.
Civil cases
Page 47 | II. Twenty-four Hour Accessibility
The Commissioner must file the report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.
6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.
Page 10 | III. DOMESTIC RELATIONS CASES
The verifying person or a county peace officer must immediately present the sworn petition to the appropriate judicial officer.
The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.
Page 16 | I. TWENTY-FOUR HOUR AVAILABILITY
The court must review protective-order petitions immediately upon filing, and petitioners must not be sent away or left waiting for extended periods.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | 1. Uniform Protocol for Handling Cases
Domestic violence petitions must be directed for review as soon as reasonably possible and no later than one hour after filing, unless the judge or trial commissioner is unavailable.
Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.
Page 3 | II. Twenty-four Hour Accessibility
The Domestic Relations Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.
6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.
Page 10 | III. DOMESTIC RELATIONS CASES
After verification, the sworn petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.
D. The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.
Page 16 | I. TWENTY-FOUR HOUR AVAILABILITY
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.
Civil cases
Page 14 | 305 Voluntary Termination of Parental Rights
The Court will automatically schedule a case management or pretrial conference 30 days after the petition is filed and send notice to all parties.
The Court will automatically schedule a case management conference or pretrial conference 30 days after the filing of the petition and send notice to all parties.
Civil cases
Page 14 | 304 Involuntary Termination of Parental Rights
Petitions should be reviewed within an
Petitions should be reviewed within an
Page 2 | 1. Uniform Protocol for Handling Cases
Service and Proof of Service Rules
The court may void participation in pretrial diversion after a hearing with notice to the Commonwealth and defendant, upon the specified showing.
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. Completion of Diversion Program
All post-judgment motions must be served on the opposing party.
All post-judgment motions must be served upon the opposing party.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
A motion must be delivered to opposing counsel or an unrepresented party entitled to notice by 4:00 p.m. on the preceding Friday, with service as described in CR 5.02.
Each motion shall be delivered to opposing counsel, or party not represented by counsel and entitled to notice, no later than 4:00 p.m. on the Friday immediately preceding the Rule Day for which the motion has been noticed. "Service" shall be as described in CR 5.02.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
The Clerk must distribute orders to listed recipients by mail for unrepresented parties or by delivery or placement in attorneys' assigned receptacles, and certify each distribution on the list.
The Clerk shall distribute copies of all orders by mail to any unrepresented party or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.
Civil cases
Page 8 | 203 DISTRIBUTION REQUIREMENT ON ORDERS
Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, as described in CR 5.02.
Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 5.02. Service upon the opposing attorney of record shall be as described in CR 5.02.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Proof of service on the adverse party must be filed in the record.
G. Proof of service on the adverse party must be filed in the record.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
A pre-judgment motion for a Rule concerning violation of a pendente lite order must be served on opposing counsel or an unrepresented opposing party by midnight on the Friday before the Rule Day, pursuant to CR 5.01 and CR 5.02.
1. Pre-Judgment Proceedings - A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Friday immediately preceding the Rule Day on which the motion is to be heard. "Service" shall be pursuant to CR 5.01 and as described in CR 5.02.
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
If the respondent has been served, the emergency protective order must be reissued and served with the summons for the new hearing date.
If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.
Civil cases
Page 15 | 402 Domestic Violence Hearings
All parties must receive at least five days’ notice of hearings and reviews unless good cause is shown or an emergency exists.
Except in cases where good cause is shown or an emergency exists, all parties shall be given a minimum of five (5) days notice of all hearings and reviews.
Civil cases
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
After the hearing, the Petitioner must continue diligently trying 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.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
If the second parent or a person exercising custodial control or supervision was not served before the hearing but is later notified, the Court must hear the matter and give preference to statutory actions seeking custody.
If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing but subsequently notified of the proceedings, the Court shall hear the matter, giving preference to statutory actions seeking entitlement of custody.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
A party requesting a review hearing must give notice to all parties as provided in 28 RFFC 202B.
Notice is required to all parties as set forth in 28 RFFC 202B.
Civil cases
Page 19 | 607 REQUESTING A COURT REVIEW.
The DNA-12 Form must be provided to the parties or their counsel at least three business days before the hearing.
The DNA-12 Form shall be provided to any parties or their counsel at least three (3) business days prior to the scheduled hearing.
Civil cases
Page 19 | 606 DISPOSITION HEARINGS
Notice of a motion requesting an order to obtain confidential video records must be given to all parties, including the child's Guardian ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose of the request.
Civil cases
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
Have all the parties been properly served?
Have all the parties been properly served?
Civil cases
Page 43 | CONCERNING THE PETITIONER AND RELATED MATTERS
Motion notices must be served at least five days before the noticed hearing date.
Notice of motions shall be served at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
The hearing notice must be served upon the opposing party.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Page 9 | Payment of fees and Scheduling of Hearings
A copy of each motion must be served on the circuit judge at least five days before the noticed hearing date.
A copy of each motion shall also be served upon the circuit judge at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
Notice of a motion must be served at least five days before the noticed hearing date.
Notice of motions shall be served at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
The hearing notice containing the time, date, and place must be served on the opposing party.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Page 9 | Payment of fees and Scheduling of Hearings
Before making a recommendation, the Commonwealth must seek input from the victim or the victim’s family and advise them when and where the motion will be heard.
Interview and seek input from the victim and/or victim's family and advise them of the time, date and place the motion will be heard by the Court;
Criminal cases
Page 3 | III. Procedure
The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant if the required showing is made.
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. Completion of Diversion Program
If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.
If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.
Civil cases
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes the Petitioner’s timely, diligent efforts to serve the other parties, including efforts to locate the absent parent.
The judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served, if it is established on the record that Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent or other measures in compliance with statutory requirements.
Civil cases
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
The Clerk may prepare and deliver a requested summons to the Sheriff for service when requested by appointed counsel or a Guardian Ad Litem.
The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel and Guardians Ad Litem.
Civil cases
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
Filing Fees and Waivers
A $50 fee is due when filing a qualifying motion to reopen a paternity case, except for Title IV-D child-support-enforcement motions and movants proceeding in forma pauperis.
Pursuant to FCRPP 14(1), a fee of $50.00 shall be paid by the movant in paternity cases reopened after six (6) months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant is proceeding in forma pauperis.
Civil cases
Page 17
Hearing fees are $40 per hour, assessed in quarter-hour increments, due by the fifth working day after the hearing, and subject to stated case, reopening, and uncontested-divorce caps.
For any hearing the commissioner shall receive a fee of $40.00 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of the Circuit Court Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600.00 shall be assessed in any case regardless of the number and length of hearings, except that if a case is reopened additional fees totalling not more than $200.00 may be assessed. No more than $15.00 shall be assessed in any uncontested divorce.
Page 9 | III. DOMESTIC RELATIONS CASES
In Pulaski Circuit Court, the Commissioner must advise the parties of the fee after each hearing; it must be paid through the Clerk by the fifth working day afterward, and counsel must notify the Commissioner of payment.
a) In Pulaski Circuit Court, at the conclusion of each hearing, the Commissioner shall advise the parties of the amount of the hearing fee. Such fee shall be paid through the office of the Pulaski Circuit Court Clerk not later than the fifth working day following the conclusion of the hearing. Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | Payment of fees and Scheduling of Hearings
In Lincoln Circuit Court, the moving party must pay $20 toward the Commissioner's fee; additional fees apply for hearings longer than half an hour, the pre-paid fee is refunded if there is no hearing, and the total fee may not exceed the amount allowed by the cited rules.
b) In the Lincoln Circuit Court, the party filing the motion shall remit to the Clerk a payment of $20.00 toward the Domestic Relations Commissioner's fee. Additional fees will be assessed if the duration of the hearing exceeds one-half hour. If the matter is resolved without a hearing, the pre-paid fee shall be refunded. In no event shall the fee exceed the amount allowable by the Civil Rules and Rules of the Kentucky Supreme court.
Page 10 | Payment of fees and Scheduling of Hearings
Commissioner hearing fees are assessed at $10 per quarter hour, are due by the fifth working day after the hearing, and are subject to the stated case, reopening, and uncontested-divorce caps.
For any hearing the commissioner shall receive a fee of $40.00 per hour, assessed at a rate of $10.00 for each quarter hour or part thereof. Such fees shall be paid through the office of the Circuit Court Clerk to the Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600.00 shall be assessed in any case regardless of the number and length of hearings, except that if a case is reopened additional fees totalling not more than $200.00 may be assessed. No more than $15.00 shall be assessed in any uncontested divorce.
Page 9 | III. DOMESTIC RELATIONS CASES
In Pulaski Circuit Court, the hearing fee must be paid through the Circuit Court Clerk by the fifth working day after the hearing.
a) In Pulaski Circuit Court, at the conclusion of each hearing, the Commissioner shall advise the parties of the amount of the hearing fee. Such fee shall be paid through the office of the Pulaski Circuit Court Clerk not later than the fifth working day following the conclusion of the hearing.
Page 9 | Payment of fees and Scheduling of Hearings
In Lincoln Circuit Court, the moving party must pay $20 toward the Commissioner's fee, with additional fees possible for hearings over half an hour; the prepayment is refunded if no hearing occurs and the total fee is capped by the referenced rules.
b) In the Lincoln Circuit Court, the party filing the motion shall remit to the Clerk a payment of $20.00 toward the Domestic Relations Commissioner's fee. Additional fees will be assessed if the duration of the hearing exceeds one-half hour. If the matter is resolved without a hearing, the pre-paid fee shall be refunded. In no event shall the fee exceed the amount allowable by the Civil Rules and Rules of the Kentucky Supreme court.
Page 10 | Payment of fees and Scheduling of Hearings
If applicable fees have been paid, the motion, affidavit, and order will then be served on the responding party.
F. If appropriate fees, if any, have been paid, the motion, affidavit and order will then be served on the responding party as follows:
Civil cases
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Courtesy Copy Requirements
A copy of each motion must be served on the circuit judge at least five days before the noticed hearing date.
A copy of each motion shall also be served upon the circuit judge at least five (5) days prior to the noticed hearing date.
Page 5 | II. MOTIONS
before the Family Court, the parties should provide an advance copy of the motion to the Family Court Judge to allow review and research prior to the hearing.
before the Family Court, the parties should provide an advance copy of the motion to the Family Court Judge to allow review and research prior to the hearing.
Civil cases
Page 7 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Sealing & Redaction Procedures
Counsel and parties are responsible for redacting personal data identifiers as required by local rules, and the clerk will not review each document for redaction.
2. It is the sole responsibility of the counsel and the parties to ensure that all pleadings and other papers comply with the local rules of this Court requiring redaction of personal data identifiers. The clerk will not review each document for redaction.
Civil cases
Page 32 | 905 SEALED RECORDS
The Circuit Clerk's video office must not release copies of confidential Circuit Court video records without a specific written order from the presiding Family Court Judge.
The Circuit Clerk's video office shall not release any copies of Circuit Court confidential video records, without a specific written order from the presiding Family Court Judge.
Civil cases
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
The Circuit Clerk's video office must not release a Family Court in-chambers child interview video without a specific written order from the Family Court Judge.
Pursuant to FCRPP 27, the Circuit Clerk's video office shall not release any Circuit Family Court video in-chamber interview with a child without a specific written order of the Family Court Judge.
Civil cases
Page 32 | 906 VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Only official court personnel may view sealed records without further authorization; others may view them only after a properly noticed motion and entry of a certified order from the assigned judge.
1. Only official court personnel may view the sealed portion of the record. All other individuals may view the sealed information with a properly noticed motion and the entry of a certified court order of the Judge to whom the matter has been assigned.
Civil cases
Page 32 | 905 SEALED RECORDS
The written-order restriction does not apply to specified public officers or employees, who must use and distribute the information only for authorized investigation or prosecution purposes.
Except that, pursuant to KRS 610.340(2), this shall not apply to public offenders or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Civil cases
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
Pre-Motion Conference Requirements
Counsel must make a good-faith effort to resolve a discovery dispute, and may file the specified discovery motion only if counsel cannot resolve it.
Counsel shall make a good faith effort to resolve all discovery disputes. A motion to compel discovery, for entry of a protective order, or for sanctions pursuant to CR 26 or CR 37 shall be filed only if counsel are unable to resolve a discovery dispute.
Civil cases
Page 12 | 208 DISCOVERY
The Commissioner must schedule the hearing as soon as practicable and no later than two weeks after the motion is filed, unless the parties agree to a later hearing and the matter is not highly urgent.
The Domestic Relations Commissioner shall schedule the hearing as soon as practicable but not later than two weeks after the filing of the motion, unless the parties agree to a later hearing and the urgency of the matter is not great.
Page 9 | Payment of fees and Scheduling of Hearings
Before filing a motion for hearing before the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and state its anticipated length.
Prior to the filing of a motion to be heard by the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for hearing of the motion. Counsel shall inform the Domestic Relations Commissioner of the anticipated length of the hearing.
Page 9 | Payment of fees and Scheduling of Hearings
In Lincoln Circuit Court, motions for hearing before the Commissioner must be set on the specified monthly Tuesday dates for Division I or Division II.
The motions for hearing before the Domestic Relations Commissioner in the Lincoln Circuit Court shall be set as follows: Division I - Tuesday, ten days prior to the second Friday of each month; Division II - Tuesday, ten days prior to the fourth Friday of each month.
Page 10 | Payment of fees and Scheduling of Hearings
Before filing a motion for hearing before the Domestic Relations Commissioner, moving counsel must arrange the hearing and provide its anticipated length; the hearing must be scheduled within two weeks after filing unless the stated exception applies.
Prior to the filing of a motion to be heard by the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for hearing of the motion. Counsel shall inform the Domestic Relations Commissioner of the anticipated length of the hearing. The time, date and place of the hearing shall be included in the notice served upon the opposing party. The Domestic Relations Commissioner shall schedule the hearing as soon as practicable but not later than two weeks after the filing of the motion, unless the parties agree to a later hearing and the urgency of the matter is not great.
Page 9 | Payment of fees and Scheduling of Hearings
Counsel should first seek discoverable information through the CR 33, 34, and 36 discovery process before seeking a court order compelling its production.
Efforts to obtain discoverable information or material should be made through the discovery process outlined in CR 33, 34 and 36, prior to seeking an order of the Court to require information or materials to be turned over to the other party.
Civil cases
Page 11 | 208 DISCOVERY
For a summary judgment motion, the Court may order a written response before the hearing date and decide the motion without a hearing.
The Court may, prior to the hearing date, order the filing of a written response to the motion and take the motion under submission for a ruling without a hearing.
Page 7 | II. MOTIONS — Civil motions
Lincoln Circuit Court Commissioner hearings follow the stated monthly division schedules, and counsel must notify the Commissioner when expecting a hearing to exceed one hour so special time can be arranged.
The motions for hearing before the Domestic Relations Commissioner in the Lincoln Circuit Court shall be set as follows: Division I - Tuesday, ten days prior to the second Friday of each month; Division II - Tuesday, ten days prior to the fourth Friday of each month. when counsel expects that a hearing will exceed one hour in duration, the Domestic Relations Commissioner shall be notified so that a special hearing time can be arranged.
Page 10 | Payment of fees and Scheduling of Hearings
For a summary judgment motion, the Court may order a written response before the hearing date and decide the motion without a hearing.
The Court may, prior to the hearing date, order the filing of a written response to the motion and take the motion under submission for a ruling without a hearing.
Page 7 | C. Civil motions
Adjournment & Extension Requirements
When counsel requests or agrees to pass or continue a pending motion, the moving party must re-notice the motion in writing under these Rules and the Civil Rules.
H. When a pending motion is passed or continued at the request of or by agreement of counsel, it shall be the moving party's obligation to re-notice in writing the motion in accordance with these Rules and the Civil Rules.
Civil cases
Page 7 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
When a scheduled trial or hearing is settled or a continuance is requested, counsel must promptly notify the Clerk and Court in writing by submitting a proposed order that identifies the scheduled date and removes the matter from the calendar.
Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.
Civil cases
Page 12 | 209 NOTICE OF SETTLEMENT OR REQUEST FOR CONTINUANCE
A waiver of the 45-day requirement or a continuance of the temporary custody order beyond 45 days requires all parties’ written agreement and specific reasons showing it is necessary for the child’s best interest.
In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall agree in writing and state specific reasons why the waiver and/or continuance beyond the 45 days is necessary to serve the best interest of the child, i.e., for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.
Civil cases
Page 19 | 608 CONTINUANCES.
If no written settlement notice or continuance request is received, the parties and counsel are expected to appear at the scheduled hearing unless the Court orders otherwise.
If no written notification of settlement or request for continuance is received, the parties and counsel will be expected to appear at the hearing unless otherwise ordered by the Court.
Civil cases
Page 12 | 209 NOTICE OF SETTLEMENT OR REQUEST FOR CONTINUANCE
For an extended evidentiary hearing, the Court may assign a later time or another date, and counsel may approach the bench at the beginning of the docket to request rescheduling.
If parties require more than fifteen minutes to present their evidence, the Court may assign the parties to a time at the end of the docket or the parties may be given another date. Counsel for either party may approach the bench at the beginning of the docket to advise the Court that an extended evidentiary hearing will be required and the case should be rescheduled to an appropriate date.
Civil cases
Page 15 | 402 Domestic Violence Hearings
The Court may extend discovery time in custody or complex economic issues upon motion, in its discretion and for good cause shown.
C. Upon motion to the Court, discovery time may be extended in custody issues and complex economic issues, at the discretion of the Court and for good cause shown.
Civil cases
Page 23 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Chambers Communication Rules
If the parties cannot agree on a mediator or mediation service, they must notify the court, which will make the selection.
If the parties cannot agree, they shall notify the court, which will select a formal mediator or a mediation service.
Civil cases
Page 28 | Appointment of Mediator
Staff mediators must not communicate settlement efforts to the Court, except as reflected in the non-staff mediation techniques described in the document.
Staff mediators shall not communicate to the Court regarding any settlement efforts except as non-staft mediation techniques are reflected herein.
Civil cases
Page 31 | 14.Staff Mediation.
When a party dies, the attorney representing that party must notify the Court and opposing counsel in writing within 10 days of learning of the death.
If a party dies during the pendency of any proceeding, the attorney representing the deceased party shall promptly notify in writing the Court and opposing counsel within 10 days of learning of the party's death.
Civil cases
Page 33
Counsel must notify the Domestic Relations Commissioner when the hearing fee has been paid.
Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | Payment of fees and Scheduling of Hearings
If a matter is resolved before its scheduled hearing, the Domestic Relations Commissioner must be notified immediately so the reserved time can be made available to other litigants.
If the matter to be heard is resolved prior to the time fixed for the hearing, the Domestic Relations Commissioner shall be notified immediately so that the time reserved for the hearing will be available to other litigants.
Page 10 | III. DOMESTIC RELATIONS CASES
After hours, agencies handling an emergency or domestic violence order petition must contact the designated judge or judicial officer in the stated order for consideration.
A. Police agencies or other offices handling a petition for an Emergency Protective Order or Domestic Violence Order after business hours without the assistance of the circuit clerk or deputy clerk shall contact for consideration of the Petition: 1. If it can be determined that a dissolution action or child custody action is pending within the county in circuit court, the circuit judge presiding over the pending case. If that judge is unavailable, then to the other circuit judge or a district judge, or district court trial commissioner, in that order; 2. otherwise, to the district judge. If the district judge is unavailable, then to a district court trial commissioner, if any, or to a circuit judge, in that order.
Page 19 | IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS
If a matter is resolved before its scheduled hearing, the Domestic Relations Commissioner must be notified immediately.
If the matter to be heard is resolved prior to the time fixed for the hearing, the Domestic Relations Commissioner shall be notified immediately so that the time reserved for the hearing will be available to other litigants.
Page 10 | III. DOMESTIC RELATIONS CASES
After hours, offices handling a petition without clerk assistance must contact the judge presiding over a pending county dissolution or child custody case; if unavailable, they must contact the other circuit judge, a district judge, or a trial commissioner, in that order.
A. Police agencies or other offices handling a petition for an Emergency Protective Order or Domestic Violence Order after business hours without the assistance of the circuit clerk or deputy clerk shall contact for consideration of the Petition: 1. If it can be determined that a dissolution action or child custody action is pending within the county in circuit court, the circuit judge presiding over the pending case. If that judge is unavailable, then to the other circuit judge or a district judge, or district court trial commissioner, in that order;
Page 19 | IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS
If no pending county dissolution or child custody case can be identified, after-hours offices handling a petition without clerk assistance must contact the district judge; if unavailable, they must contact a trial commissioner, if any, or a circuit judge, in that order.
A. Police agencies or other offices handling a petition for an Emergency Protective Order or Domestic Violence Order after business hours without the assistance of the circuit clerk or deputy clerk shall contact for consideration of the Petition: 2. otherwise, to the district judge. If the district judge is unavailable, then to a district court trial commissioner, if any, or to a circuit judge, in that order.
Page 19 | IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS
If counsel expects a hearing to exceed one hour, the Domestic Relations Commissioner must be notified so a special hearing time can be arranged.
when counsel expects that a hearing will exceed one hour in duration, the Domestic Relations Commissioner shall be notified so that a special hearing time can be arranged.
Page 10 | Payment of fees and Scheduling of Hearings
Parties should bring typographical errors, ambiguities, or inadvertent omissions in the commissioner’s report to the commissioner’s attention before filing exceptions.
Typographical errors or ambiguities, or inadvertent omissions in the report of the Domestic Relations Commissioner should be brought to the attention of the Domestic Relations Commissioner prior to the filing of exceptions.
Page 11 | III. DOMESTIC RELATIONS CASES
Counsel must notify the Domestic Relations Commissioner when the hearing fee has been paid.
Counsel shall notify the Domestic Relations Commissioner of the payment of said fee.
Page 9 | Payment of fees and Scheduling of Hearings
Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.
Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.
Civil cases
Page 31 | 902 PROOF
Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk, County Attorney, a law enforcement agency, or a peace officer.
Petitioners seeking to initiate contempt proceedings should contact: The Circuit Clerk, County Attorney, any Law Enforcement Agency or Peace Officer.
Civil cases
Page 48 | IV. Contempt Proceedings
Petitioners seeking to initiate criminal contempt proceedings should contact the Circuit Clerk, County Attorney, a law enforcement agency, or a peace officer.
B. Petitioners seeking to initiate criminal contempt proceedings should contact the Circuit Clerk, County Attorney, any Law Enforcement Agency or Peace Officer.
Page 5 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county that issued the order.
B. Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
Page 4 | IV. Contempt Proceedings