Robertson County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Motion
- 1 copy
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
- Petition
Formatting
- •Petitions must be made on form AOC-275.1.
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
In any tendered order the judge's signature line should not be placed so that it is on a page separate and apart from the text of the Order. At least some of the text should be visible on the page with the signature. Those preparing tendered Orders should leave space at the bottom of the preceding page when necessary to avoid isolating the signature line.
A party may use an available AOC form, but is not required to do so and may present the matter in any manner compliant with the FORPP.
Court's wording
In any matter in which a form is provided by the Administrative Office of the Courts, a party may utilize the form. However, forms are not required and matters may be presented in any manner that is in compliance with the FORPP.
Document Filing Requirements25 rules
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER
B. The judge reviewing a petition for an order of protection shall indicate in the 'Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above
If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.
Court's wording
E. 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.
A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.
The Guardian Ad Litem shall file an Answer on behalf of their client.
The motion must describe the action taken to exhaust these remedies.
The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.
Before filing a dependency, neglect, or abuse petition with the clerk, the petitioner must submit it to the County Attorney for review; if supported by sufficient cause, the County Attorney files it and refers the matter for investigation when needed.
Court's wording
A) All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20. Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.
Petitions must name the biological parents, subject to the stated termination exception, name an identified putative father, and reflect a diligent effort to locate the child’s parents.
Court's wording
C) All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.
D) All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.
The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.
Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.
Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing.
A person seeking a copy of a child interview video must file a motion requesting permission and explain the reason; release requires a specific written order.
Court's wording
No video copies of any in-chamber interviews with a child shall be released by the an Order must file a motion requesting permission to copy the video, and include an Circuit Clerk Court without a specific written Order. Any individual requesting such explanation of the reason for the request.
Petitions seeking protection under KRS Chapter 403 or 456 must be completed and signed by the persons seeking protection.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
C . The Commonwealth shall make a written recommendation to the Court in response to each application . K .R .S . 533 .250(2) .
The Order of Diversion must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense-related conditions.
Court's wording
B . The Order of Diversion shall include : 1. Restitution, if applicable . 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole . 5. As required by K .R .S . 533 .030(1) [conditions of probation-restitution] direct the def endant not to commit any of f ense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of K .R .S . 533 .030 or any other condition the Court deems appropriate .
3. When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . K .R .S . 533 .252(3) .
B. Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.
The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.
Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
Filing & Service rules
Filing Timing and Cure Windows
The court must review protective-order petitions immediately upon filing, must not leave petitioners waiting for extended periods, and should review petitions within an hour of presentation unless no judge or trial commissioner is available.
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. 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
Motions must be filed with the Circuit Court Clerk by close of business at least 10 days before the scheduled motion hour, with the deadline extended to the next business day when the deadline falls on a holiday or the Clerk’s Office is closed.
All motions shall be filed in the Office of the Circuit Court Clerk by the close of business, no later than ten (10) days prior to the scheduled motion hour. If the filing deadline falls on a holiday, or falls on a day when the Circuit Court Clerk's Office in that respective county is closed, then all motions shall be filed by the close of the next business day.
Page 6 | 201 Regular Motion Hour Schedule, E(3)
Parties must produce and exchange intended hearing exhibits at least ten days before the hearing.
At least ten days prior to the hearing date, the parties shall also produce and exchange any documents, correspondence, media, photographs, recordings or videos that they intend to submit as exhibits.
Page 7 | 204 Contested Motions
In a contested hearing, parties must identify intended expert witnesses and provide a list of other potential witnesses ten days before the hearing.
In any contested hearing all parties shall disclose and identify, ten days prior to the hearing date, any expert witnesses that they intend to call as a witness, and shall provide a list of all other witnesses that may be called to testify.
Page 7 | 204 Contested Motions
The petitioner must prepare the documents needed to finalize the adoption and submit them for the Court's review at least 10 days before the final hearing.
The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.
Page 9 | 301 Setting a Final Hearing in an Adoption
A party may file a motion to set an adoption final hearing only after the Court has received the Cabinet for Health and Family Services report.
A party may file a motion to set a final hearing in an adoption only after a report from the Cabinet for Health and Family Services has been received by the Court.
Page 9 | 301 Setting a Final Hearing in an Adoption
Pendleton County motions are scheduled for 9:00 A.M. on the first and third Wednesdays of each month and must be filed before 4:00 P.M. on the preceding Wednesday.
PENDLETON COUNTY: the first and third Wednesdays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:00 P.M. on the Wednesday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Harrison County motions are scheduled for 9:00 A.M. on the first and third Tuesdays of each month and must be filed before 4:30 P.M. on the preceding Tuesday.
HARRISON COUNTY: the first and third Tuesdays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the Tuesday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Robertson County motions are scheduled for 9:00 A.M. on the second Monday of each month and must be filed before 4:30 P.M. on the preceding Monday.
motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the ROBERTSON COUNTY: the second Monday of each month; all Monday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
Nicholas County motions are scheduled for 9:00 A.M. on the first and third Mondays of each month and must be filed before 4:30 P.M. on the preceding Monday.
NICHOLAS COUNTY: the first and third Mondays of each month; all motions to be scheduled at 9:00 A.M. All motions must be filed before 4:30 P.M. on the Monday one week prior to the scheduled motion docket.
Page 2 | MOTION DOCKET SCHEDULE — 18TH JUDICIAL CIRCUIT
An eligible person may apply for a pretrial diversion order after indictment, but no later than 30 days before trial.
A . After indictment in circuit court, and no later than 30 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. PROCEDURE
An urgent matter may be set after the filing deadline only with the Court’s permission.
Any urgent matters may be set after the expiration of the filing deadline only with the permission of the Court.
Page 6 | 201 Regular Motion Hour Schedule, E(3)
Service and Proof of Service Rules
The moving party must provide the opposing party reasonable notice, or the matter will not be heard.
In all cases, the party filing the motion must provide notice to the opposing party. A matter will not be heard if the opposing party is not provided with reasonable notice.
Page 6 | 201 Regular Motion Hour Schedule, E(3)
In nonconfidential cases, the parties must provide the child's school with any order affecting custody or timesharing.
In any matter that is not a confidential case, the parties shall provide a copy of any order affecting custody or timesharing to the subject child's school.
Page 9 | 208 Notice to a Child's School
Courtesy Copy Requirements
A copy of a filed ex parte motion must be submitted directly to the Court.
A copy of the filed motion shall be submitted directly to the Court.
Page 8 | 207 Ex Parte Motions
Sealing & Redaction Procedures
A video of a child witness must be sealed and may be released only under conditions set by the Court on the record or by court order.
Any video of a child witness will be sealed and will only be released upon conditions set out by the Court on the record or by Order of the Court.
Page 9 | 209 Children as Witnesses
Pre-Motion Conference Requirements
A party seeking a hearing for a motion requiring more than fifteen minutes must file a motion to schedule the hearing and notice that scheduling motion on the regular motion hour docket; a special hearing time may be set.
Any motion requiring a hearing in excess of fifteen minutes may be set for a special hearing time outside of the regular motion hour docket. A party shall request a hearing time by filing a motion to schedule a hearing, and by noticing the scheduling motion for hearing on the regular motion hour docket.
Page 7 | 204 Contested Motions
An ex parte motion will be considered only if the matter is a true emergency that could cause irreparable injury to the moving party.
Ex parte motions will not be considered unless the matter is a true emergency that could result in an irreparable injury to the moving party.
Page 8 | 207 Ex Parte Motions
Attorneys are advised to carefully review proposed ex parte matters and use discretion in deciding whether an ex parte motion is appropriate.
Attorneys should carefully review these matters and exercise discretion in determining whether the matter is appropriate for an ex parte motion.
Page 8 | 207 Ex Parte Motions
For emergency child-custody matters, parties are advised to exhaust remedies with the Cabinet for Families and Children and the County Attorney before filing an ex parte motion.
In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion.
Page 8 | 207 Ex Parte Motions