Rockcastle County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- 1 copy • Before Hearing
Adjournments
- For a scheduled trial or hearing, counsel must promptly notify the Clerk and Court in writing by proposed order upon settlement or when requesting a continuance; the order must identify the scheduled date and remove the matter from the calendar, and settlement notice certifies that all issues are resolved.
- If a domestic violence hearing needs more than fifteen minutes, the Court may schedule it at the end of the docket or give the parties another date.
- When the parties waive the 45-day requirement or agree to continue the temporary custody order beyond 45 days, all parties must agree in writing and state specific reasons showing why the waiver or continuance serves the child's best interest.
- +1 more
Request must include
Communication
Phone
Chambers
Document Format Requirements6 rules
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.
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
All documents exceeding a single page in length shall be paginated. This Rule shall not apply to AOC or other official agency approved forms.
Formatting
- •Documents exceeding a single page in length must be paginated
Court filings must be one-sided, printed or typewritten on unglazed white letter-size paper, use at least 12-point font, be double-spaced, and have at least one-inch margins, except that the stated rule does not apply to AOC or other official agency-approved forms.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
- Pleading
- Motion
- Memorandum
- Proposed order
- Other paper
Formatting
- •The minimum font size excludes footnotes
- •Indented quotations and footnotes are excepted from the double-spacing requirement
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. This Rule shall not apply to AOC or other official agency approved forms.
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.
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
Document Filing Requirements85 rules
Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.
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.
After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.
Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.
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.
Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.
After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.
Each domestic violence petition must be assigned a “D” case number and any appropriate trailer number, regardless of who reviews it.
- Document
- Domestic violence petition
Must include
- •Case number
Court's wording
All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (district judge, circuit judge, or trial commissioner) reviews the petition and orders the case filed.
The Commonwealth shall make a recommendation to the Court in response to each motion . KRS 533 .250(2) .
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.
Protective-order petitions 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.
The judge reviewing a petition for any 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.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
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.
The Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.
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.
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.
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.
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.
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:
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.
B. An affidavit setting forth facts supporting the motion.
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.:
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.
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.
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
Copies of interrogatories, request for production and requests for admissions made pursuant to CR 33, 34 and 36, shall be filed with the Clerk.
Answers to interrogatories, requests for production and requests for admissions shall not be filed unless otherwise directed by the Court.
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
Counsel must submit a proposed order identifying the scheduled trial or hearing date and removing the matter from the calendar; a settlement notification also certifies that all issues are resolved.
- Document
- Settlement notice or continuance request
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. Such notification of settlement is a certification by counsel that all issues have been resolved.
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.
The Judgment of Termination of Parental Rights shall include only the name of the child.
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.
Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
A summons in an involuntary termination action must explain the consequences of termination, the need to respond immediately, and how to find hearing times and places.
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.
After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.
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.
Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.
The attorneys shall prepare the subpoenas for their cases.
No custody, visitation or other ancillary matters shall be handled on the paternity docket. The parties must file a separate civil action.
For the specified hearings, CHFS must provide the completed AOC Form DNA-12, a suggested parenting plan, and an explanation of proposed visit restrictions supported by 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.
The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.
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 recipient must draft, file, and mail the wage withholding using the form applicable to the filer.
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).
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.
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 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. Subpoenas for hospital records shall be issued pursuant to KRS 422.300 et seq.
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.
B. 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 and Final Decree that addresses parenting time must include the applicable parenting-time schedule and 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.
If contested issues remain unresolved, each party must present pertinent motions, stipulations and agreements, witness, exhibit and document lists with appropriate information, and final financial statements.
Court's wording
If the contested issues are not resolved, the matter may be referred by the Court to a mediator or evaluator or both at the Family Court Judge's discretion and in compliance with FCRPP 2(6). 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.
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.
A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge.
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.
Note - Placement by one of the above agencies does not alleviate the need of a report, as required by KRS199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.
Filing & Service rules
Electronic Filing Rules
Facsimiles, emails, and other copies may not be filed, except as exhibits to a properly filed document.
Facsimiles, emails or other copies shall not be filed except as exhibits to an otherwise properly filed document.
Page 7 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Greenhouse-17 and the specified regional centers may electronically file protective-order petitions where electronic filing is available.
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
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
The verified, sworn domestic violence 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
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
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. KRS 403.730, KRS 456.040.
Page 2 | 1. 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 | 1. Uniform Protocol for Handling Cases
Domestic violence petitions must be directed for judicial 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, C.2
Motions must be filed and noticed five days, excluding weekends, before the hearing.
D. Motions shall be filed and noticed five days (excluding weekends) prior to hearing.
Page 5 | RULE 2 COURT SCHEDULING / MOTION HOUR / PROCEDURES FOR FILING
Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Friday; a later-filed motion may be placed on the docket at the presiding judge’s discretion.
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.
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
A post-judgment motion alleging failure to abide by 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.
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
The Petitioner must tender the required proposed documents 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.
Page 13 | 302 Judgment and Findings of Fact
If revisions are required, the Petitioner must tender the revised documents within three business days after 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.
Page 13 | 302 Judgment and Findings of Fact
The guardian ad litem fee motion and affidavit must be filed at the final hearing or before the final judgment is entered.
Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.
Page 14 | 303 Guardian Ad Litem
Within fifty days of appointment, the Guardian ad Litem or Military Attorney must file either an answer for the Respondent or a report stating that, after careful examination, the Respondent is unable to present a defense.
Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.
Page 16 | 503 GUARDIANS AD LITEM AND MILITARY ATTORNEYS
Motions on the Paternity/Child Support "J" docket must be filed one week before the court date.
Any motion filed on the Paternity/Child Support "J" docket shall be filed one week in advance of the court date.
Page 16 | 502 COURT CALENDAR AND FILING DEADLINES
Motions filed on the Status J docket, other than contempt motions, must be filed one week before the court date.
Any motion, except contempt, filed on the Status "J" docket shall be filed one week in advance of the court date.
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.
Page 25 | B.
If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.
If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.
Page 25 | B.
The checklist calls for confirming that 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?
Page 43 | INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
If the parent seeking termination is indigent, an attorney must be appointed within 48 hours of the court's determination.
If yes, was an attorney appointed within 48 hours of court's determination?
Page 44 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
The checklist calls for confirming that 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?
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.
Page 47 | II. Twenty-four Hour Accessibility
Petitions should be reviewed within an
Petitions should be reviewed within an
Page 2 | 1. Uniform Protocol for Handling Cases
The Court will set a hearing date within three business days after filing, and the hearing must be no more than 30 calendar days after filing.
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.
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 notify 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.
Page 14 | 304 Involuntary Termination of Parental Rights
Service and Proof of Service Rules
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
Notices of motions 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
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
The hearing notice must be served upon the opposing party and include the hearing's time, date, and place.
The time, date and place of the hearing shall be included in the notice served upon the opposing party.
Page 9 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
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.
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
All post-judgment motions must be served on the opposing party.
All post-judgment motions must be served upon the opposing party.
Page 6 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
The Clerk must distribute orders by mail to unrepresented parties and by delivery or placement in assigned office receptacles for attorneys listed for distribution, then certify the distribution on the list with a check mark, initials, and date.
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.
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.
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Proof that the adverse party was served must be filed in the record.
G. Proof of service on the adverse party must be filed in the record.
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
A pre-judgment motion alleging 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.
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 a summons stating 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.
Page 15 | 402 Domestic Violence Hearings.
All parties must receive at least five days’ notice of hearings and reviews, except when 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.
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
If the second parent or persons exercising custodial control or supervision are not served with the petition before a hearing but are later notified, the Court must hear the matter and give preference to statutory actions seeking entitlement of 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.
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
After the hearing, the Petitioner must continue diligent efforts to locate and notify everyone who was not served.
The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
Notice of a review request is required to all parties as provided by 28 RFFC 202B.
Notice is required to all parties as set forth in 28 RFFC 202B.
Page 19 | 607 REQUESTING A COURT REVIEW.
The DNA-12 Form must be provided to parties or their counsel at least three business days before the scheduled 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.
Page 19 | 606 DISPOSITION HEARINGS
A written motion requesting an order to obtain confidential video records must be noticed to all parties, including any child's Guardian ad Litem, and state the purpose of 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.
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
All parties must be properly served.
Have all the parties been properly served? KRS 199.480 (2)
Page 39
The checklist calls for confirming that all parties have been properly served.
Have all the parties been properly served?
Page 43 | INVOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST
If there is concern that opposing counsel or a party will not receive a motion by regular mail, a copy should also be sent by 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.
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 the specified contact or other statutorily compliant measures.
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.
Page 18 | 603 EFFECT OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
The Clerk may prepare and deliver to the Sheriff for service a summons 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.
Page 17 | 602 SERVICE OF PROCESS AND NOTICE
Filing Fees and Waivers
Commissioner hearing fees are assessed at $40 per hour in quarter-hour increments, are due by the fifth working day after the hearing, and are subject to stated case and 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 advises the parties of the fee after the hearing, payment is due within five working days, and counsel must notify the Commissioner when it is paid.
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 if the hearing exceeds thirty minutes, and the pre-paid fee is refunded if no hearing occurs, subject to the stated fee cap.
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
In Pulaski Circuit Court, the Commissioner advises the fee after each hearing, it must be paid through the Clerk within five working days, 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 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Commissioner hearing fees are $40 per hour, assessed in quarter-hour increments, due within five working days after the hearing, and 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 Lincoln Circuit Court, the moving party must pay $20 toward the Commissioner's fee, additional fees apply to hearings longer than half an hour, the prepayment is refunded if no hearing occurs, and the fee cannot exceed the stated rules' allowance.
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 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
A movant must pay a $50 fee when filing a motion to modify support, custody, or visitation in a paternity case reopened more than six months after judgment, 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.
Page 17
Each party must pay the court-approved clinic fee when attending the parent education clinic.
A fee in an amount to be approved by the Court shall be paid by each party at the time of attending the clinic.
Page 20 | 701 PARENT EDUCATION CLINIC
Fees of the Domestic Relations Commissioner are assessed according to the referenced administrative procedure and section.
Fees of the Domestic Relations Commissioner shall be assessed according to Part IV of. the Administrative procedure of the Court of Justice, Section 4, of which provides:
Page 8 | III. DOMESTIC RELATIONS CASES
If applicable fees are due, they must be paid before the motion, affidavit, and order are served.
F. If appropriate fees, if any, have been paid, the motion, affidavit and order will then be served on the responding party as follows:
Page 10 | 204. CONTEMPT, MOTIONS FOR CONTEMPT OF COURT, RESTRAINING ORDERS OR INJUNCTIONS
Courtesy Copy Requirements
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.
Page 7 | 202 MOTION PRACTICE FOR DOMESTIC RELATIONS CASES
Sealing & Redaction Procedures
Confidential Circuit Court video records generally require a specific written order from the presiding Family Court Judge; a written motion must give notice to all parties, including any child's Guardian ad Litem, and state the request's purpose. The stated statutory exception applies to qualifying public officers or employees, who may use and distribute the information only for authorized investigation or prosecution.
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. 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. 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.
Page 32 | 907 REQUESTS FOR CONFIDENTIAL VIDEO RECORDS
Only official court personnel may view sealed records; others may do so 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.
Page 32 | 905 SEALED RECORDS
The Circuit Clerk's video office may not release a Circuit Family Court in-chamber interview video of a child 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.
Page 32 | 906 VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Counsel and parties are responsible for redacting personal data identifiers from pleadings and other papers under local rules; 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.
Page 32 | 905 SEALED RECORDS
Pre-Motion Conference Requirements
Before filing a motion for the Commissioner, moving counsel must contact the Commissioner to arrange a hearing and provide its anticipated length; the hearing is generally scheduled within two weeks after filing, subject to the stated exception.
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
Before filing a motion for the Domestic Relations Commissioner, moving counsel must arrange a hearing and provide its expected length; the hearing information must appear in the notice to the opposing party, and the hearing must be scheduled within two weeks 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 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
In Lincoln Circuit Court, motions for Commissioner hearings must be set for Division I or II on the specified Tuesday relative to the month's second or fourth Friday.
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 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
Counsel must make a good-faith effort to resolve discovery disputes, and may file a motion to compel, for a protective order, or for sanctions under CR 26 or CR 37 only if the dispute remains unresolved.
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.
Page 12 | 208 DISCOVERY
The Commonwealth must make a recommendation to the Court in response to each motion.
The Commonwealth shall make a recommendation to the Court in response to each motion . KRS 533 .250(2) .
Criminal cases
Page 2 | III. Procedure
Before the hearing date, the court may order a written response to a summary judgment motion and decide it on submission 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 are set on the specified monthly Tuesdays for Division I and 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 the hearing date, the Court may order a written response to a summary judgment motion and decide it under submission without a hearing.
Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue. 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
Counsel should use the discovery process under CR 33, 34, and 36 before seeking a court order to compel disclosure, but the rules do not prohibit discovery under the Civil Rules.
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. Nothing in these Rules should be interpreted as prohibiting any party from seeking discovery as outlined in the Civil Rules.
Page 11 | 208 DISCOVERY
Adjournment & Extension Requirements
For a scheduled trial or hearing, counsel must promptly notify the Clerk and Court in writing by proposed order upon settlement or when requesting a continuance; the order must identify the scheduled date and remove the matter from the calendar, and settlement notice certifies that all issues are resolved.
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. Such notification of settlement is a certification by counsel that all issues have been resolved. 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. Failure to notify the Court or appear at the scheduled hearing may result in a show cause order being issued and a finding of contempt and sanctions.
Page 12 | 209 NOTICE OF SETTLEMENT OR REQUEST FOR CONTINUANCE
When the parties waive the 45-day requirement or agree to continue the temporary custody order beyond 45 days, all parties must agree in writing and state specific reasons showing why the waiver or continuance serves 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.
Page 19 | 608 CONTINUANCES.
If a domestic violence hearing needs more than fifteen minutes, the Court may schedule it at the end of the docket or give the parties another date.
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.
Page 15 | 402 Domestic Violence Hearings.
The Court may extend discovery time for 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.
Page 23 | 705 Discovery in contested actions for Divorce or Legal Separation
Chambers Communication Rules
Moving counsel must contact the Domestic Relations Commissioner before filing to schedule a hearing and provide 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
After hours, agencies handling an emergency protective or domestic violence order petition must contact a judge or trial commissioner for consideration, following the stated order of availability.
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
The judge may set hearings for extremely urgent matters at any appropriate time, and counsel must arrange a hearing date.
Matters of extreme urgency will be set by the judge for hearings at any appropriate time. Counsel must arrange a hearing date.
Page 7 | I. Trial Sessions
Moving counsel must contact the Domestic Relations Commissioner before filing to schedule the hearing and provide 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 | III. DOMESTIC RELATIONS CASES — 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 used for 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 business hours, police agencies or other offices handling a petition must contact a judge or commissioner for consideration, following the specified order based on whether a dissolution or child custody case is pending.
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 the parties cannot agree on a mediator or mediation service, they must notify the court so it can select one.
If the parties cannot agree, they shall notify the court, which will select a formal mediator or a mediation service.
Page 28 | Appointment of Mediator
The deceased party’s attorney 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.
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
Counsel must notify the Domestic Relations Commissioner when a hearing is expected to exceed one hour 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
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.
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
Before filing exceptions, parties should bring typographical errors, ambiguities, or inadvertent omissions in the Commissioner's report to the Commissioner’s attention.
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 a hearing is expected to exceed one hour 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 | III. DOMESTIC RELATIONS CASES — Payment of fees and Scheduling of Hearings
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.
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
Staff mediators must not communicate settlement efforts to the Court except as reflected in the non-staff mediation techniques described in the practices.
Staff mediators shall not communicate to the Court regarding any settlement efforts except as non-staft mediation techniques are reflected herein.
Page 31 | 14. Staff Mediation
Attorneys should call the Judge's secretary to schedule a final trial or file motions to obtain a final hearing date.
Attorneys should call the Judge's secretary to schedule a final trial or file motions for a final hearing date.
Page 31 | 902 PROOF
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in the county where the order was issued.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the order was issued.
Page 4 | 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
Counsel may approach the bench at the beginning of the docket to alert the Court that an extended evidentiary hearing is needed and the case should be rescheduled.
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.
Page 15 | 402 Domestic Violence Hearings.
Parties or counsel should contact the Family Court office to request an intake form to determine eligibility for staff mediation.
To determine if parties qualify for informal staff mediation, parties or their counsel should contact the Family Court office to request an intake form.
Page 31 | 14. Staff Mediation
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.
Page 48 | IV. Contempt Proceedings