Rowan County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion
- 1 copy • Upon Filing
Page & Word Limits1 rule
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
- Notice of service
- Up to 1 page
Document Format Requirements8 rules
All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.
Petitions seeking protection under KRS Chapter 403 or 456 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.
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.
- Petition
Formatting
- •Petitions must be made on form AOC-275.1.
all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).
- Petition
Formatting
- •Petitions must be filed on the appropriate AOC forms
any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
- Dispositional report
Formatting
- •Complete form DNA-12
Further discovery may be requested, in writing, as necessary.
At arraignment, on either written or oral motion of the defendant, the Court may enter a standard discovery order.
- Discovery motion
Formatting
- •At arraignment, the defendant's motion may be written or oral
Document Filing Requirements38 rules
The Commonwealth shall make a written recommendation to the Court in response to each application.
In applying for pretrial diversic . ::, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)
A diversion order must include applicable restitution, supervision terms and fees, the diversion duration, and specified defendant obligations.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
A copy of the receipt assigning each case to a division shall be filed in the case file.
For a case transfer, the transferring judge must sign and send the transfer order to the other judge, who must also sign it; the order must be filed in the case record.
Court's wording
To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
- Document
- Motion
- Placement
- Certificate section
Must include
- •Certificate of service
Counsel shall tender a proposed order with each motion when they appear on motion day.
- Document
- Motion
Must include
- •Proposed order
No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.
judge is not listed in the certificate of service, the respective clerk is directed to return
Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.
Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.
The Motion must state that the Respondent has ten days to file an objection to entry of said Petition.
A judgment in a foreclosure action involving a mobile home with its wheels and axles still attached and a recorded lien must include the mobile home’s VIN.
Court's wording
In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.
A proposed order shall be tendered with the response.
- Document
- Response
Must include
- •Proposed order
A foreclosure complaint must establish that the plaintiff holds the note and mortgage when filed and must include the listed note, mortgage, affidavit, assignment, and successor-in-interest documents; any assignment to the plaintiff must be executed before filing.
Court's wording
Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;
A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment
MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.
A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.
A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.
A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is
Originals of depositions shall be filed in the Court record pursuant to CR 30.06.
scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the
If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
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.
The judge reviewing a petition for an order of protection shall indicate in the ¿Court Actioni section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an Interpersonal Protective Order action under KRS Chapter 456.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
establish a formal contract which species the court ordered conditions, the Upon referral to the Program, the defendant shall meet with a pretrial officer to referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by the trial judge.
Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.
The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.
Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.
Court's wording
B. Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.
All petitions shall be filed in accordance with FCRPP 20.
Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.
At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28
A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.
Filing & Service rules
Filing Timing and Cure Windows
An eligible person may apply for a pretrial diversion order after indictment, but no later than 14 days before trial.
After indictment in circuit court, and no later than 14 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 | Procedure
After entering a guilty plea, an eligible person may apply for a pretrial diversion order within 14 days of final sentencing.
Alternatively, after a guilty plea has been entered any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order within 14 days of final sentencing .
Criminal cases
Page 2 | Procedure
Motions must be filed by close of business at least one week before the hearing, unless the Court approves later filing; untimely motions are mailed back to the attorney.
All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.
Page 5 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
An objection must be filed within 10 days after service of the Summons, Petition, and Motion; otherwise, the court will enter the Status Quo Order.
If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense. The failure of the Guardian ad Litem or Warning Order Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense. The failure of the Guardian ad Litem or Warning Order Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
The response is due 20 days from the motion’s certification date, but the parties may agree to an extension if the Court approves it.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
A statement of appeal must be filed within 30 days after the first notice of appeal; absent an extension motion, failure to perfect the appeal results in notice to the judge and dismissal and remand.
If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06, within 30 days from the date of filing the first notice of appeal as provided by Cr 72.08, and no motion for extension of time is filed as provided by CR 74, the Clerk shall dismissal and remand shall be entered.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
The written trial-readiness advisement and probable trial length are due on or before the designated report date.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
Page 10 | R21C-800. CRIMINAL CASES
A counter-statement under CR 72.12 must be filed within 30 days after the statement of appeal.
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.
Page 10 | R21C-750. APPEALS FROM DISTRICT COURT
After regular business hours, the authorized agencies must present a received petition to a judge or trial commissioner within one hour, unless none is available.
D. Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15
During regular business hours, the relevant clerks must present a received petition to a judge or trial commissioner within one hour, unless none is available.
C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 15
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
During regular business hours, the relevant Clerks shall present petitions to a judge or Trial Commissioner within one hour, unless none is available.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
After regular business hours, the authorized agencies shall present petitions to a judge or Trial Commissioner within one hour, unless none is available.
Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Page 4 | II. Twenty-four Hour Accessibility
If copies to opposing counsel and the Court are served by mail, the motion must be filed at least five days before the hearing.
If copies to opposing counsel and the Court are served by mail, said motion must be filed no later than five (5) days prior to the date of the scheduled hearing.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Motions must be filed at least 48 hours before the scheduled hearing when service is made in person, excluding weekends and holidays.
To assist the Clerk and the Court in preparation, all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
Emergency Protective Orders must be filed immediately at the relevant Circuit Clerk's Office on the next available business date, no later than noon that day.
Any and all Emergency Protective Orders shall be filed immediately at the relevant Circuit Clerk's Office on the next available date when this office is open for business no later than noon on that date.
Civil cases
Page 5 | 302
Any dispositional report must be filed at least three days before the disposition hearing.
any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
During regular business hours, the relevant Clerks must present a petition to a judge or Trial Commissioner within one hour, unless none is available.
Upon receipt of a petition during regular business hours, the relevant Clerks of the 21s Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 11 | Rule 3, C
After regular business hours, authorized agencies must present a petition to a judge or Trial Commissioner within one hour, unless none is available.
Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
Civil cases
Page 12 | Rule 3, D
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, and that service must be shown in the certificate of service.
A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.
Page 4 | R21C-205. NOTICES, MOTIONS AND ORDERS
A Guardian ad Litem must notify the respondent of the appointment and proceeding, and in paternity cases must also inform the respondent of the right to genetic testing.
Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding, and, in paternity cases, inform the respondent of the right to have genetic testing conducted.
Page 7 | R21C-610. FEES FOR WARNING ORDER ATTORNEYS AND GUARDIANS AD LITEM
The clerk must include a copy of the Status Quo Order motion for service with the Summons and Petition.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
The respondent must provide the petitioner notice of the motion without clerk assistance.
However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.
Page 7 | R21C-615. STATUS QUO ORDERS, FCRPP 2(5)
Bath County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties must receive notice as indicated on the Protective Order.
1. BATH COUNTY- Protective Order hearings shall take place every other Tuesday at 1:00p.m. and can at times be held each and every Tuesday depending on how hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | III. Assignment of Cases
Rowan County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.
3. ROWAN COUNTY- Protective Order hearings shall take place every Monday at 1:00 p.m. in Rowan District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | III. Assignment of Cases
Montgomery County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.
2. MONTGOMERY COUNTY- Protective Order hearings shall take place every Monday at 1:30 p.m. in Montgomery District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 15 | III. Assignment of Cases
Menifee County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.
4. MENIFEE COUNTY- Protective Order hearings shall take place every Tuesday at 9:30 a.m. in Menifee District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 16 | III. Assignment of Cases
All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases
All relevant parties must receive notice of the proceedings and details about the reason for the motion.
All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.
Civil cases
Page 5 | 401
After the hearing, CHFS must continue diligent efforts to locate and notify anyone who was not served.
The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
If no CHFS social worker is involved, provide an ECO copy to the requester before they leave the clerk’s office and to CHFS; keep the original with the clerk’s office.
If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.
Civil cases
Page 7 | Rule 5. Dependency Neglect and Abuse
An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure.
If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure
Civil cases
Page 8 | 505. GUARDIANS AD LITEM AND PARENTS' ATTORNEYS
Any dispositional report must be provided to the court and all attorneys of record at least three days before the disposition hearing.
any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.
Civil cases
Page 8 | 507. DISPOSITIONAL HEARING
When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made, for no more than 14 days or as the court determines is necessary to protect the petitioner; thereafter the appropriate court reissues it as needed.
Consistent with FCRPP 12, when a case is transferred to another Circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740 (4), for a period to not exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner. Thereafter, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.
Civil cases
Page 10 | I. UNIFORM PROTOCOL FOR PROCESSING CASES
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.
Page 4 | III. Assignment of Cases
The judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes CHFS made diligent efforts to serve all other parties.
The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.
Civil cases
Page 7 | 503. THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODIAL CONTROL OR SUPERVISION
All parties are to receive notice of the Bath County domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | Rule 3, E, District Court, Bath County
All parties are to receive notice of the Menifee County domestic violence hearing as indicated on the Emergency Protective Order.
All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.
Civil cases
Page 12 | Rule 3, E, District Court, Menifee County
Filing Fees and Waivers
A Program participation fee is established by the Administrative Office of the Courts; the pretrial officer may adjust it based on ability to pay or waive it for indigence.
E. The fee for participation in the Program shall be in the amount as established by the Administrative Office of the Courts. The pretrial officer may assess the fee on a sliding scale based upon ability to pay or waive the fee entirely in the case of indigence.
Criminal cases
Page 3 | II. PARTICIPATION
The movant must pay a $50 fee to reopen a paternity case more than six months after judgment to modify support, custody, or visitation, unless the case or movant qualifies for in forma pauperis status.
Pursuant to FCRPP 14(1), a $50.00 fee 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 apply to cases or movants proceeding in forma pauperis who qualify.
Civil cases
Page 5 | 402. FILING FEES
Courtesy Copy Requirements
A copy of each filed motion must be served or mailed to the Court.
Copies of all motions filed shall be served or mailed to the Court.
Civil cases
Page 5 | 203. JUVENILE MOTIONS
When filing the original written motion with the Clerk's Office, counsel must send a copy to the Court by mail, email, or hand delivery.
Counsel shall mail, e-mail or hand-deliver a copy of each written motion to the Court when the original is filed with the Clerk's Office.
Civil cases
Page 5 | 204. COPIES OF JUVENILE MOTIONS TO COURT
Sealing & Redaction Procedures
When required personal identifiers are filed, parties must submit a redacted copy and an unredacted copy in a marked, sealed envelope, with access restricted to authorized persons; documents in statutorily confidential actions need not be redacted.
However, except as set forth in paragraph B below, where personal identifiers are required above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the which any personal data has been redacted and filing an unredacted copy in a marked and to the case, an attorney of record in the case, a judge of the court or other authorized court pleading, document, or exhibit containing personal identifiers to be accessed only by a party Services involved in child support matters attendant to the case, or a person authorized to personnel, a duly authorized employee or agent of the Cabinet for Health and Family means a Social Security number or tax-payer identification number, date of birth, or view the copy by specific orders of the court. As used in this section, "personal identifier" financial account number. not be redacted, and any access to those files shall be governed by KRS 199.570, KRS Pleadings, documents, or exhibits filed in actions deemed confidential by statute need 610.340, KRS 625.045 and KRS 625.108.
Page 6 | R21C-515. PROTECTION OF PERSONAL IDENTIFIERS IN DOMESTIC RELATIONS CASES
Pre-Motion Conference Requirements
A party may request oral argument, which will be set at the Court’s discretion.
Oral argument may be requested, and will be set at the Court's discretion.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Adjournment & Extension Requirements
A motion for continuance must be made and heard before the designated report date, unless good cause is shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 10 | R21C-800. CRIMINAL CASES
The Court will not continue a criminal case after the report date except for good cause.
After the report date, the Court will not accept or consider a plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 10 | R21C-800. CRIMINAL CASES
An extension of the response deadline requires agreement of the parties and approval of the Court.
The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.
Page 8 | R21C-705. MOTIONS TO DISMISS AND SUMMARY JUDGMENTS
Chambers Communication Rules
Special permission from the Judge's staff is required to docket a contempt matter in another county in the 21st Judicial Circuit.
Special permission from the Judge's staff must be obtained to place said matter on the docket in another county in the 21st Judicial Circuit.
Page 10 | R21C-745. PROCEDURE ON RULES FOR CONTEMPT
After working hours on weekdays, weekends, and holidays, the applicable CHFS, county attorney, or law-enforcement personnel must contact the on-call judge or trial commissioner about issuing an ECO.
After working hours Monday through Friday and on weekends and holidays, the on-call District Court Judge or trial commissioner shall be contacted by CHFS, the County Attorney/Assistant County Attorney or law enforcement, as applicable, for consideration on the issuance of an ECO.
Civil cases
Page 7 | Rule 5. Dependency Neglect and Abuse