Court Rules

Russell Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Motion

  • 1 copy

Adjournments

  • If no party files a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted thereafter.
Filters:

Document Format Requirements9 rules

FormattingMandatory

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

Applies to
  • Protective order petition

Formatting

  • Petitions must be made on form AOC-275.1.

Court's wording

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

C57D40DVPROTOCOL · Dec 2015 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingMandatory

J. LABELING OF EXHIBITS : All exhibits intended for use at trial shall be labeled for identification purposes prior to trial .

C57LOCALRULES · Apr 2003 · p. 11
|SectionJ. LABELING OF EXHIBITS
FormattingImportant

At the start of a videotaped deposition, the camera must show and identify each person present; afterward, it must focus only on the witness during direct or cross-examination.

Court's wording

(1) At the beginning of the taking of the deposition, the operator of the video camera will focus on each person present at the taking of the deposition and such person shall be identified to the jury . Thereafter, the camera will focus on the witness only, whether the interrogation be direct or cross-examination .

FormattingImportant

(2) The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness or any other person present at the

FormattingImportant

At the start of a video deposition, the camera must show and identify each person present to the jury, then focus only on the witness.

Court's wording

(1) At the beginning of the taking ofthe deposition, the operator of the video camera will focus on each person present at the taking of the deposition and such person shall be identified to the jury. Thereafter, the camera will focus on the witness only, whether the interrogation be direct or cross-examination .

C57LOCALRULES · Apr 2003 · p. 36
|SectionORDER FOR VIDEO DEPOSITION
FormattingImportant

The camera must remain stationary and may not zoom during a video deposition except to fairly show exhibits or demonstrative proof to the jury.

Court's wording

(2) The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness or any other person present at the deposition except those times during the deposition when the witness is displaying for the jury's viewing exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen on the video tape by use of the camera "zooming" in on said evidence. The purpose of this clause is so that the camera will not "zoom"

C57LOCALRULES · Apr 2003 · p. 36
|SectionORDER FOR VIDEO DEPOSITION
FormattingNote

Either party may take any or all depositions by videotape, subject to the attached order's conditions.

Court's wording

E. TAKING DEPOSITIONS BE VIDEO TAPE : Either party may take any or all depositions by video tape, with said depositions to be taken pursuant to the terms and conditions of the attached "Order Regarding Videotape Depositions"

FormattingNote

The Plaintiff is hereby granted permission to take any depositions for proof by video .

FormattingNote

Either party may take any or all depositions by video tape, with said depositions to be taken pursuant to the terms and conditions of the attached "Order Regarding Videotape Depositions" .

C57LOCALRULES · Apr 2003 · p. 35
|SectionE. TAKING DEPOSITIONS BE VIDEO TAPE

Document Filing Requirements31 rules

Filing RequirementsMandatory

Upon administering the oath the person shall affix their signature and office position to the petition in witness and in verification of the oath.

C57D40DVPROTOCOL · Dec 2015 · p. 3
|SectionTwenty-four Hour Accessibility
Filing RequirementsMandatory

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

C57D40DVPROTOCOL · Dec 2015 · p. 3
|SectionTwenty-four Hour Accessibility
Filing RequirementsMandatory

The judge reviewing a petition for an order of protection shall indicate in the 'Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C57D40DVPROTOCOL · Dec 2015 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney .

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties .

C57LOCALRULES · Apr 2003 · p. 8
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers .

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS (1) Provisions
Filing RequirementsMandatory

The pretrial statement must list trial exhibits, attach copies when feasible, and identify a convenient inspection location for exhibits that cannot be attached.

Court's wording

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement . All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement .

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS (1) Provisions
Filing RequirementsMandatory

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS (1) Provisions
Filing RequirementsMandatory

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

C57LOCALRULES · Apr 2003 · p. 10
|SectionG. SETTING OF CASES FOR TRIAL
Filing RequirementsMandatory

matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

C57LOCALRULES · Apr 2003 · p. 11
|SectionCHAPTER I: GENERAL
Filing RequirementsMandatory

M. COPIES TO BE SENT TO COURT REPORTER : A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

C57LOCALRULES · Apr 2003 · p. 11
|SectionM. COPIES TO BE SENT TO COURT REPORTER
Filing RequirementsMandatory

In jury trial actions, the parties shall submit jury instructions with the pre- trial statement. These instructions may be revised by the parties,

C57LOCALRULES · Apr 2003 · p. 11
|SectionCHAPTER I: GENERAL
Filing RequirementsMandatory

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10 :00 a.m. prevailing time.

Filing RequirementsMandatory

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

Filing RequirementsMandatory

The petitioner must sign the Domestic Violence Petition, and the person administering the oath must add their signature and office position.

Court's wording

Any above authorized person who comes in receipt of a completed Domestic Violence Petition is authorized to administer an oath affirming the truthfulness of the contents of the petition, to the person completing same, and shall have said person sign their name to the said petition. The person so administering said oath shall also affix their signature and office position to said petition in witness and in verification of said oath.

C57LOCALRULES · Apr 2003 · p. 18
|SectionI. RE: TWENTY-FOUR (24) HOUR ACCESS
Filing RequirementsMandatory

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275. I , pursuant to KRS 403 .730 (2),

C57LOCALRULES · Apr 2003 · p. 19
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

C57LOCALRULES · Apr 2003 · p. 28
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

C57LOCALRULES · Apr 2003 · p. 28
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

C57LOCALRULES · Apr 2003 · p. 30
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

the motion must be submitted on AOC 275 . l, pursuant to KRS 403 .730 (2)

C57LOCALRULES · Apr 2003 · p. 40
|SectionII. RE: DOMESTIC VIOLENCE PROTOCOL
Filing RequirementsMandatory

Every domestic violence petition must be assigned a domestic violence 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.

C57LOCALRULES · Apr 2003 · p. 40
|SectionII. RE: DOMESTIC VIOLENCE PROTOCOL
Filing RequirementsMandatory

shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless ofthe fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

Document
Verified motion

Must include

  • Case number
C57LOCALRULES · Apr 2003 · p. 40
|SectionII. RE: DOMESTIC VIOLENCE PROTOCOL
Filing RequirementsImportant

An individual may proceed pro se but must comply with the same provisions as a represented individual.

Court's wording

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsImportant

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated .

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsImportant

Failure to file the pre-trial statement timely may result in the Court denying the use of any witness at trial other than the parties.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsImportant

Failure to comply with the substantive provisions of this rule may result in the Court denying the use of any witnesses for whom the substantive provisions have not been met.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

Injury trial actions, the parties shall submit jury instructions with the pre-trial statement.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS

Filing & Service rules

Filing Timing and Cure Windows

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

Page 3 | Twenty-four Hour Accessibility

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the listed property, debt, claim, and income information.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

Page 7 | C. DOMESTIC RELATIONS CASES

All parties must file pretrial compliance statements 28 days before trial.

Pre-trial compliance statements shall be filed by all parties 28 days before the trial date.

Page 10 | I. PRE-TRIAL STATEMENTS (1) Provisions

Final jury instructions must be presented to the Court five days before trial.

These instructions may be revised by the parties, with final jury instructions presented to the Court five (5) days prior to trial .

Page 11 | CHAPTER I: GENERAL

Motions set for a Rule Day, except uncontested matters under Chapter IV, must be filed with the Circuit Clerk five days before the initially set Rule Day.

Each motion to be made on a Rule Day, except uncontested matters under Chapter IV shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the motion is initially set.

Page 12 | C. MOTION AND NOTICE

A responsive motion must be filed with the Circuit Clerk five days before the Rule Day for which the original motion was initially set.

Each responsive motion shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the original motion is initially set.

Page 13

The petitioner must file a sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage

Page 28 | C. DOMESTIC RELATIONS CASES

The parties may revise the instructions, but final jury instructions must be presented to the Court five days before trial.

These instructions may be revised by the parties, with final jury instructions presented to the Court five (S) days prior to trial.

Page 32 | I. PRE-TRIAL STATEMENTS

A motion set for a Rule Day must be filed with the Circuit Clerk five days before the initially scheduled Rule Day, except for uncontested matters under Chapter IV.

Each motion to be made on a Rule Day, except uncontested matters under Chapter IV shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the motion is initially set .

Page 34 | C. MOTION AND NOTICE (1) Filing and Service of Motion and Notice

The EPO must be docketed within 14 days of its issuance.

docket within 14 days of the issuance of the EPO .

Page 41

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 2 | Uniform Protocol for Handling Cases

A case may be submitted to the Court on Rule Day by motion, or at any time by joint motion.

Cases may be submitted to the Court pursuant to motion on Rule Day or at any time on a joint motion.

Page 10 | F. SUBMISSION OF CASES TO THE COURT

A party may seek a pretrial conference by appropriate motion on Rule Day when the case is set for trial or during the period from trial setting until 14 days before trial.

A party may move for a pre-trial conference at the time the case is set for trial or at any time from the setting of the trial date until 14 days from the date of trial by an appropriate motion on Rule Day.

Page 10 | H. PRE-TRIAL CONFERENCE

A motion to set a case for trial may be made on any Rule Day.

Motions to set a case for trial may be made on any Rule Day

Page 10 | G. SETTING OF CASES FOR TRIAL

The time for filing and serving motions and responsive motions must be computed under CR 6.01.

(4) Computation of Time for Filing and Service - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

Page 13

Time for filing and serving motions and responsive motions must be computed under CR 6.01.

Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

Page 35 | (4) Computation of Time for Filing and Service

Service and Proof of Service Rules

The hearing notice must be served upon the opposing parties.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties .

Page 8 | C. DOMESTIC RELATIONS CASES

A motion served by mail must be served on opposing counsel or an unrepresented opposing party at least five days before the initially set Rule Day.

Each motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail .

Page 12 | C. MOTION AND NOTICE

A responsive motion must be served on opposing counsel or an unrepresented party at least five days before the original motion's Rule Day when service is made under CR 5.02.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the original motion is initially set if service is effected pursuant to CR 5 .02 .

Page 13

Service by delivery pursuant to CR 5.02 must be effected five days before the initially scheduled Rule Day.

Service shall be effected five (5) days preceding the Rule Day for which the motion is initially set if service is effected by delivery pursuant to CR 5 .02 .

Page 34 | C. MOTION AND NOTICE (1) Filing and Service of Motion and Notice

Subpoena service by law-office personnel or a party will be counted as costs to the extent the sheriff would be compensated for similar service.

N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY : To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs .

Page 11 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY

Subpoena service by law office personnel or a party is considered a cost to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

Page 33 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY

Filing Fees and Waivers

Commissioner fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Justice approves a higher amount based on extraordinary circumstances shown.

No more than $600 .00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Justice for extraordinary circumstances shown .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

The commissioner receives a $15 fee for an uncontested divorce, payable to the Circuit Clerk upon final submission and treated as court costs in the final decree.

The Domestic Relations Commissioner shall receive a fee of $15 .00 for an uncontested divorce . This sum shall be paid to the Circuit Clerk upon final submission of the action. The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

Commissioner fees assessed in an uncontested divorce may not exceed $15.

No more than $15 .00 shall be assessed in any uncontested divorce.

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

Domestic Relations Division motions must include a non-refundable $40 fee payable to the commissioner who hears the motion, or to the commissioner’s docket if the motion is not heard.

That all motions filed within this Circuit, Domestic Relations Division, shall be accompanied by a Forty Dollar ($40 .00) non-refundable filing fee, which shall be due and payable to the Commissioner who hears the motion, or, if the motion is not heard, to the docket of the Commissioner .

Page 9 | (9)

Commissioner hearing fees are $60 per hour, assessed at $15 per quarter hour or part thereof, and are due through the Circuit Court Clerk on the fifth working day after the hearing concludes.

For any hearing the commissioner shall receive a fee of $60.00 per hour, assessed at a rate of $15 .00 for each quarter hour or part thereof. Such fees shall be paid through the office of Circuit Court Clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

All motions filed in the Circuit’s Domestic Relations Division must include a non-refundable $40 filing fee payable to the hearing Commissioner or, if the motion is not heard, to the Commissioner’s docket.

That all motions filed within this Circuit, Domestic Relations Division, shall be accompanied by a Forty Dollar ($40 .00) non-refundable filing fee, which shall be due and payable to the Commissioner who hears the motion, or, if the motion is not heard, to the docket of the Commissioner.

Page 30 | C. DOMESTIC RELATIONS CASES

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

Page 8 | C. DOMESTIC RELATIONS CASES

If a case is reopened, additional commissioner fees totaling no more than $200 may be assessed.

If a case is reopened additional fees totaling not more than $200 .00 may be assessed .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

Only the cost of the stenographic transcript will be considered when assessing costs.

However, only the cost of the stenographic transcript will be considered in assessing costs.

Page 14

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit Courts in the 57" Judicial Circuit.

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit Courts in the 57" Judicial Circuit.

Page 30 | C. DOMESTIC RELATIONS CASES

A commissioner charges $60 per hour, assessed at $15 per quarter hour or part thereof, and the fee is due on the fifth working day after the hearing concludes.

For any hearing the commissioner shall receive a fee of $60 .00 per hour, assessed at a rate of $15 .00 for each quarter hour or part thereof. Such fees shall be paid through the office of Circuit Court Clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 31

The stated sum must be paid to the Circuit Clerk when the action is finally submitted.

This sum shall be paid to the Circuit Clerk upon final submission of the action.

Page 31

The Domestic Relations Commissioner may waive collection of fees.

The Domestic Relations Commissioner may waive the collection of fees .

Page 10 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

The Domestic Relations Commissioner may waive collection of fees.

The Domestic Relations Commissioner may waive the collection of fees.

Page 31

Domestic Relations Commissioner fees will be treated as court costs in final decrees.

The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees.

Page 31

Courtesy Copy Requirements

An attorney setting a motion must send one copy of the motion to the Circuit Judge.

The attorney shall also send a copy of the motion to the Circuit Judge .

Page 13

Pre-Motion Conference Requirements

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and state its anticipated length.

Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing.

Page 8 | C. DOMESTIC RELATIONS CASES

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.

Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing .

Page 30 | C. DOMESTIC RELATIONS CASES

Adjournment & Extension Requirements

If no party filed a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted thereafter.

If the case is set, and no party has filed a motion for continuance before 28 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.

Page 10 | G. SETTING OF CASES FOR TRIAL

If no party files a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted thereafter.

Ifthe case is set, and no party has filed a motion for continuance before 28 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.

Page 31 | G. SETTING OF CASES FOR TRIAL

Chambers Communication Rules

During regular business hours, an authorized agency or officer must present a domestic violence order petition to the Family Circuit Judge, or, if unavailable, to the Trial Commissioner, or, if unavailable, to a District Judge.

Upon receipt of a petition for a domestic violence order under KRS Chapter 403 during regular business hours, the authorized agency/officer shall present the petition to the following: In Russell and Wayne Counties, the Family Circuit Judge, or if unavailable, the Russell/Wayne Trial Commissioner or if unavailable, a Russell/Wayne District Judge.

Page 3 | Twenty-four Hour Accessibility

During regular business hours, an authorized agency or officer must present an interpersonal protective order petition to the Family Circuit Judge or the District Judge assigned for that month.

Upon receipt of a petition for an interpersonal protective order action under KRS Chapter 456 outside regular business hours, the authorized agency/officer shall present the petition to the following: The Family Circuit Judge or the District Judge assigned to preside over interpersonal protective order actions during that calendar month according to the schedule in Section IIIC) below

Page 3 | Twenty-four Hour Accessibility

Outside regular business hours, an authorized agency or officer must present an interpersonal protective order petition to the assigned judge or, if unavailable, to the Trial Commissioner or another Family Circuit or District Judge.

Upon receipt of a petition for an interpersonal protective order action under KRS Chapter 456 outside regular business hours, the authorized agency/officer shall present the petition to the following: The Family Circuit Judge or the District Judge assigned to preside over interpersonal protective order actions during that calendar month according to the schedule in Section IIIC) below or if unavailable, a Russell/Wayne Trial Commissioner or if unavailable, a Russell/Wayne Family Circuit or District Judge.

Page 4 | Twenty-four Hour Accessibility

Outside regular business hours, an authorized agency or officer must present a domestic violence order petition to the Family Circuit Judge, or, if unavailable, to the Trial Commissioner, or, if unavailable, to a District Judge.

Upon receipt of a petition for a domestic violence order under KRS Chapter 403 outside regular business hours, the authorized agency/officer shall present the petition to: In Russell and Wayne Counties, the Family Circuit Judge, or if unavailable, the Russell/Wayne Trial Commissioner or if unavailable, a Russell/Wayne District Judge.

Page 4 | Twenty-four Hour Accessibility

Counsel for the moving party must contact the Domestic Relations Commissioner before filing to arrange a hearing and provide its anticipated length.

Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing.

Page 8 | C. DOMESTIC RELATIONS CASES

The Circuit Clerk’s office must be notified when a case is ready for the Court to take under submission.

In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission .

Page 10 | F. SUBMISSION OF CASES TO THE COURT

A party requesting a transcript must timely notify the Court Reporter or Circuit Clerk of the date the transcript is needed.

Any party desiring a transcript shall notify the Court Reporter or Circuit Clerk in a timely manner of the date by which said transcript is needed.

Page 11 | M. COPIES TO BE SENT TO COURT REPORTER

If an action set for trial settles, the parties must immediately notify the Circuit Clerk's office.

L . SETTLED CASES : When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk of this fact .

Page 11 | L. SETTLED CASES

(2) Scheduling Motions - Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion. The attorney shall also send a copy of the motion to the Circuit Judge . Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified .

(2) Scheduling Motions - Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion. The attorney shall also send a copy of the motion to the Circuit Judge . Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified .

Page 13

The Circuit Clerk's office must be notified when a case is ready for submission to the Court.

In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission

Page 31 | F. SUBMISSION OF CASES TO THE COURT

An attorney seeking to schedule a motion must contact the appropriate Circuit Court Clerk's Office, provide the approximate hearing time, and send the judge a copy; failure to comply means the motion will not be heard at the specified date and time.

(2) Scheduling Motions - Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion . The attorney shall also send a copy of the motion to the Circuit Judge . Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified .

Page 34 | C. MOTION AND NOTICE (2) Scheduling Motions

Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk in the county where the existing protective order was entered.

B. Petitioners seeking to Initiate contempt proceedings chould contact: The Circuit Clerk in the County where the oxisting protective order was entered.

Page 6 | Contempt Proceedings

If the matter is resolved before the hearing, the Domestic Relations Commissioner must be notified promptly.

If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified .

Page 8 | C. DOMESTIC RELATIONS CASES

When an action set for trial is settled, the parties must immediately notify the Circuit Clerk.

When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk of this fact.

Page 33 | L. SETTLED CASES

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma paauperis must send a copy to the Court Reporter or Circuit Clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma paauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

Page 33 | M. COPIES TO BE SENT TO COURT REPORTER

Common questions about Russell Circuit Court rules

Are courtesy copies required in Russell Circuit Court?

Courtesy-copy rule applies for motions. Details: 1 copy. An attorney setting a motion must send one copy of the motion to the Circuit Judge.

View ruleSource: page 13

Does Russell Circuit Court require a pre-motion conference or letter before filing a motion?

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and state its anticipated length.

View ruleSource: page 8, section C. DOMESTIC RELATIONS CASES

What must be included with protective order petition filings in Russell Circuit Court?

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

View ruleSource: page 3, section Twenty-four Hour Accessibility

What must be included with order of protection petition filings in Russell Circuit Court?

The judge reviewing a protection-order petition must mark whether the resulting action is a domestic violence action or an interpersonal protective order action.

View ruleSource: page 4, section III. Assignment of Cases

How may parties contact Russell Circuit Court?

During regular business hours, an authorized agency or officer must present a domestic violence order petition to the Family Circuit Judge, or, if unavailable, to the Trial Commissioner, or, if unavailable, to a District Judge.

View ruleSource: page 3, section Twenty-four Hour Accessibility

How do I request an adjournment or extension in Russell Circuit Court?

If no party filed a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted thereafter.

View ruleSource: page 10, section G. SETTING OF CASES FOR TRIAL

Are filing fees or waivers addressed in Russell Circuit Court?

A fee is required for covered filings. Domestic Relations Division motions must include a non-refundable $40 fee payable to the commissioner who hears the motion, or to the commissioner’s docket if the motion is not heard.

View ruleSource: page 9, section (9)

What filing deadlines does Russell Circuit Court set?

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the listed property, debt, claim, and income information.

View ruleSource: page 7, section C. DOMESTIC RELATIONS CASES

What rule applies to serving the opposing party in Russell Circuit Court?

Details: recipient: the opposing party. The hearing notice must be served upon the opposing parties.

View ruleSource: page 8, section C. DOMESTIC RELATIONS CASES
Complete rules summary for Russell Circuit Court

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A person administering the oath must sign the petition and state their office position.

During regular business hours, an authorized agency or officer must present a domestic violence order petition to the Family Circuit Judge, or, if unavailable, to the Trial Commissioner, or, if unavailable, to a District Judge.

During regular business hours, an authorized agency or officer must present an interpersonal protective order petition to the Family Circuit Judge or the District Judge assigned for that month.

Outside regular business hours, an authorized agency or officer must present a domestic violence order petition to the Family Circuit Judge, or, if unavailable, to the Trial Commissioner, or, if unavailable, to a District Judge.

Outside regular business hours, an authorized agency or officer must present an interpersonal protective order petition to the assigned judge or, if unavailable, to the Trial Commissioner or another Family Circuit or District Judge.

The judge reviewing a protection-order petition must mark whether the resulting action is a domestic violence action or an interpersonal protective order action.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk in the county where the existing protective order was entered.

A verified motion filed in a dissolution or child custody proceeding must be submitted on AOC 275.1.

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney before the Circuit Clerk may file it.

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the listed property, debt, claim, and income information.

The petitioner's sworn disclosure statement must list marital property and values, debts and amounts, claimed non-marital property and the basis for each claim, each party's income, and other information the petitioner believes may assist in property disposition.

The respondent may refute the petitioner's disclosure in the Answer with a sworn counter-disclosure statement; otherwise, the petitioner's itemized listing will be accepted as agreed or stipulated.

An individual may proceed pro se but must comply with the same provisions as a represented individual.

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and state its anticipated length.

Counsel for the moving party must contact the Domestic Relations Commissioner before filing to arrange a hearing and provide its anticipated length.

The notice served on opposing parties must state the hearing's time, date, and place.

The hearing notice must be served upon the opposing parties.

If the matter is resolved before the hearing, the Domestic Relations Commissioner must be notified promptly.

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

Domestic Relations Division motions must include a non-refundable $40 fee payable to the commissioner who hears the motion, or to the commissioner’s docket if the motion is not heard.

The commissioner receives a $15 fee for an uncontested divorce, payable to the Circuit Clerk upon final submission and treated as court costs in the final decree.

Commissioner hearing fees are $60 per hour, assessed at $15 per quarter hour or part thereof, and are due through the Circuit Court Clerk on the fifth working day after the hearing concludes.

Commissioner fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Justice approves a higher amount based on extraordinary circumstances shown.

If a case is reopened, additional commissioner fees totaling no more than $200 may be assessed.

Commissioner fees assessed in an uncontested divorce may not exceed $15.

The Domestic Relations Commissioner may waive collection of fees.

More Judges in Russell Circuit Court

Jennifer Upchurch Edwards
Judge
Sara Beth Gregory
Judge