Scott Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:

Limits & Logistics
Courtesy Copies
Pretrial Scheduling Motions, Hearing Date Motions, Jury Trial Date Motions
- 1 copy • Email • Upon Filing

Communication
Phone
Fax
Document Format Requirements12 rules
Any pleading filed that has two-sided text shall be rejected by the Clerk and shall not be placed on the motion docket.
Motions, pleadings, and orders must use letter-sized paper, legible ink, double spacing except for real-property legal descriptions, and at least 12-point type; two-sided documents will not be accepted.
- Font size
- 12 points
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Pleading
- Order
Formatting
- •Legal descriptions of real property are excepted from the double-spacing requirement
- •Documents written on both sides of the paper will not be accepted
Court's wording
All motions, pleadings and orders shall be written on letter-sized paper, and the ink shall be legible. All motions, pleadings and orders shall be double-spaced, except for legal descriptions of real property, and shall be written in not smaller than a 12-point font. No motion, pleading, or order shall be accepted if it is written on both sides of the paper.
Use AOC-141S or AOC-141SP for judicial-sale referrals and AOC-141 for all other referrals to the Master Commissioner.
Court's wording
For judicial sales referred to the Master Commissioner, the AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or the AOC-141SP (Order Referring Case to Special Master Commissioner for Judicial Sale), shall be utilized. For all other matters referred to the Master Commissioner, the AOC-141 (Order Referring Case to Master Commissioner) shall be utilized.
All documents shall be submitted to the Circuit Clerk and the Master Commissioner as single page documents. No double-sided copies will be accepted.
Only petitions filed on Form AOC-DNA-1 shall be accepted by the Circuit Clerk as an initiating document.
A completed VS-300 form typed and signature in black or blue ink
The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.
- Offer sheet
Formatting
- •The offer sheet must be legible
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.
The Circuit Clerk must stamp the tender date in the bottom-left or bottom-right corner of the first page of covered documents.
Court's wording
Upon receipt of tendered orders, judgments, decrees, forms and settlement agreements requiring the signature of the Family Court Judge, the Circuit Clerk shall mark the date the document is tendered by affixing a TENDERED ON stamp in either the bottom left or bottom right corner of the first page of the document. - (date)" notation or
and be prepared as follows: JUDGE _ (name of Judge) CIRCUIT COURT, DIVISION III FAMILY COURT
Document production may be through electronic means unless expressly prohibited by the requesting party.
Each copy tendered to be signed shall be pre-marked "COPY" on the first page.
Formatting
- •Pre-mark each copy tendered for signature “COPY” on the first page
Document Filing Requirements166 rules
The Commonwealth shall make a written recommendation to the Court in response to each application
In applying for pretrial diversion, counsel for 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.
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the required conduct conditions.
Court's wording
B . The Order of Diversion shall include : l . Restitution, if applicable. 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5 . As required by KRS 533 .030 (1) [conditions of probation-restitution], direct the defendant not 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.
When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252 (3)
A merits motion must include a brief statement of its grounds and supporting authorities, and omission may be a basis for overruling the motion.
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion.
Notice of the motion shall specify the date, time, and place of the hearing.
Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.
shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.
Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.
For a designated final pretrial conference, the listed motions, stipulations, trial materials, objections, and other court-required matters must be timely filed for consideration at that conference.
Court's wording
If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.
The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.
All proposed orders, tendered by an attorney to another attorney, must be returned within seven (7) days to the tendering attorney
When answering interrogatories or requests for admissions, the replying party shall, as part of his/her answer, set forth immediately preceding the answer, the question or request made with respect to which the answer is given.
If a dispute arises as to the contents of an opinion or order, the disputing party shall file their own competing order or judgment with the Court.
A proposed default judgment must be tendered with the motion for default judgment or at the time of the hearing of said motion.
Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket. Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.
Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket.
When signed by the judge, the order or judgment shall be delivered to the Clerk for entry.
All depositions shall be filed with the Circuit Clerk of the county in which the action is pending or sent in by registered mail to the Clerk for filing.
When submitting a matter for judgment or ruling, the parties must provide proposed judgments, findings, or conclusions consistent with the relief sought and an editable electronic version through electronic filing or email to the presiding judge’s staff attorney.
- Document
- Matter submission
Must include
- •Proposed order
Court's wording
A. Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court. An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.
If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.
- Document
- Felony diversion filing
Must include
- •Proposed order
The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.
All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.
A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.
A DUI guilty plea form shall also be filed in the record in any matter in which the defendant pleads guilty to driving under the influence.
Before withdrawal is permitted, retained trial counsel must prepare and file the listed appeal documents.
Court's wording
Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.
The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.
The Order shall be sufficiently specific to indicate clearly the purposes of the references and the duties to be performed by the Master Commissioner thereunder.
An attested copy of the Order referring the case to the Master Commissioner shall be delivered to the Master Commissioner’s office.
Judgments or orders directing a sale, disbursement, or deed delivery must be submitted to the Master Commissioner in advance for review and certification of compliance.
Court's wording
In addition to the requirements of these Local Rules, all Judgments or Orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Master Commissioner, or directing the delivery of a deed shall be submitted to the Master Commissioner in advance for review and certification that it complies with AP Part IV and any other applicable rules and statutes.
References to the Master Commissioner must comply with the cited statutes, procedures, rules, or an individual case order.
Court's wording
References shall be made to the Master Commissioner as provided by the Kentucky Revised Statutes, Administrative Procedures of the Court of Justice (AP) Part IV, by the Rules of Civil Procedure, by these Local Rules or by Order of the Court in individual cases.
Orders directing the Master Commissioner to sell property or execute or deliver a deed must include the specified property, party, title, signature, service, attorney-contact, and copy information.
- Document
- Judgment or order directing sale or deed
Must include
- •Certificate of service
Court's wording
Every Judgment or Order of the Circuit Court directing the Master Commissioner to sell property or to execute or deliver a deed shall contain: 1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; 2. The name of the party or parties whose interest is being sold or conveyed; 3. The source of the party or parties’ title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited; 4. A signature and date line for the Master Commissioner; 5. A prepared by signature line of the attorney submitting the order; 6. A certificate of service by the Circuit Court Clerk; 7. Email address, physical address, and phone number of attorney submitting document; 8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;
Upon approval, a sufficient number of copies along with self-addressed stamped envelopes shall be submitted to the Master Commissioner who shall then deliver the Judgment or Order to the Court for approval and entry.
Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;
The required foreclosure language must address payment of current and delinquent real-property taxes from sale proceeds and provide that the taxing districts need not be named or participate to protect their claims.
Court's wording
Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds. The taxing districts of the respective counties of Bourbon, Scott and Woodford, inclusive of cities contained therein, shall not be named as parties or be required to file any response nor make any appearance in foreclosure actions in order to protect their specific claim for the payment of all unpaid real property taxes. Any ad valorem taxes that are currently due as of the date of the sale or delinquent at the time of sale shall be paid out of the proceeds of sale regardless of the entity that is owed those taxes.
The sale terms must specify that the Master Commissioner will set the sale date and time and identify the applicable county sale location, unless the Court orders another location.
Court's wording
Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court: a. Bourbon County: Judicial Center Main Street Paris, Kentucky 40361 b. Scott County Justice Building 119 N. Hamilton Street Georgetown, Kentucky 40324 c. Woodford County: Courthouse 130 Court Street Versailles, Kentucky 40383
A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.
It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record;
For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.
Orders must be submitted to the Master Commissioner for review and approval with the appropriate copies and postage-paid envelopes.
Court's wording
with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.
All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.
When a defendant was constructively served, an order for deed delivery or distribution of sale proceeds must be accompanied by a court-approved bond at least equal to the higher of the property's appraised value or sale price, except for defendants designated as unknown tenants or occupants.
Court's wording
in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court. The bond shall not be required for those Defendants constructively served who are designated as unknown tenants or occupants.
When a CR 4.11 bond is required, an order authorizing a deed or distribution of sale proceeds must contain the specified constructive-service and bond language.
Court's wording
All Orders authorizing the deed or distribution of sale proceeds in any action in which a bond under C.R. 4.11 is required must contain the following language” “The Defendant(s), ________________________________, are before the Court solely by constructive service. Therefore, prior to the distribution of sale proceeds, or the delivery of a deed, the movant shall post a bond pursuant to CR 4.11 in the penal sum of $________________ and furnish the Master Commissioner a copy thereof before entry of this Order.”
All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.
AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered.
Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF.
Before a Judgment is tendered to the Master Commissioner for approval, the party tendering the Judgment must certify in writing to the Master Commissioner that a due diligence search has been made (i.e., newspaper, online obituary, probate Court records) to ascertain the identity of the deceased party’s heirs, devisees, and their respective spouses.
This certification is not to be included in the Judgment nor it is to be filed in the Court record.
The agreement of participation will include the requirements of the program for each phase.
"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.
If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by BSW-MHC. The evaluator will include reasons as to the candidate's ineligibility.
Upon receipt of a written order of referral from a judge, BSW-MHC staff shall determine whether a person is eligible for the program using the following criteria.
The defendant will sign the Agreement of Participation.
After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by BSW-MHC. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.
If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by BSW-MHC.
The Agreement of Participation shall include standardized requirements for each phase of the program.
Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the sentencing judge shall complete an order transferring the case to Mental Health Court.
Filing & Service rules
Electronic Filing Rules
Faxed or emailed pleadings and other documents are not accepted or treated as properly filed, except for documents that may be heard ex parte, emergency orders, or matters otherwise allowed by the listed rules.
1. Faxed or emailed pleadings or other documents, other than one which may be heard ex parte or are emergency orders, shall not be accepted by the Circuit Clerk, shall not be placed in the Court record, and shall not be considered timely or properly filed, unless otherwise provided in these rules, the FCRPP, or the Kentucky Rules of Civil Procedure.
Page 5 | 204 Pleadings Generally, A.1
Filing Timing and Cure Windows
An eligible person may apply to the Circuit Court and Commonwealth for a Pretrial Diversion Order after indictment, no later than 45 days before trial.
After indictment in Circuit Court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a Pretrial Diversion Order.
Criminal cases
Page 2 | III. Procedure
Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless one is unavailable.
F. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 25 | Twenty-four Hour Accessibility
A motion filed electronically or through a physical drop box after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.
Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.
Page 8 | VI. MOTIONS AND MOTIONS DOCKET Form of Motion and Docketing
A motion or action may be placed on the motion docket only if notice is filed or a request is made before 4:00 p.m. at least one week before the designated motion hour.
No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.
Page 9 | IV. MOTION HOUR
A motion response must be filed by the time specified in the motion hearing notice.
Such response shall be filed at or before the time specified in the notice of hearing of the motion.
Page 9 | IV. MOTION HOUR
When attorneys must prepare a pretrial order because none was entered at the conference, they must submit it no later than ten days after the conference.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
The listed final-pretrial materials must be filed in time to be addressed at the final pretrial conference.
If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
After submission, no further pleadings, proof, or briefs may be filed unless the Court orders or allows them for good cause.
C. No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.
Page 12 | XIV. SUBMISSION OF MATTERS
The motion to enter a guilty plea or Alford plea must be filed when the Court takes the plea.
A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.
Page 15 | XX. PLEA AGREEMENTS
Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.
All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.
Page 15 | XX. PLEA AGREEMENTS
If applicable, the felony diversion motion and proposed diversion order must be filed when the defendant’s plea is taken.
If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.
Page 15 | XX. PLEA AGREEMENTS
The copy must be submitted at least seven days before the date the matter is set to be heard.
A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.
Page 19
If required by Order or statute, the appraisal must be filed in the Court record before the sale.
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.
Page 21 | G. Terms and Conditions of Sale
The Plaintiff or moving party must submit the confirmation order, sufficient copies, and prepaid envelopes to the Master Commissioner within twenty days after the Report of Sale is filed; the Commissioner submits it with the deed for court approval and entry.
an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.
Page 23 | J. Confirmation of Report of Sale
The Master Commissioner must report the sale actions to the Court within three business days of the sale.
The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.
Page 23 | J. Confirmation of Report of Sale
Motions for distribution of sale costs must be filed within ten days immediately following the filing of the Report of Sale or Cancelled Sale.
Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale
Page 23 | H. Motions for Distribution
Payment of cancelled sale fees and entry of an Order of Distribution must occur before a new sale date is set or the case is dismissed.
All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.
Page 25
The new Order of Referral and JSAF must be due and payable before a rescheduling motion is filed or, if no motion is filed, before the property is rescheduled for sale.
For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.
Page 26
The Clerk will not accept a Motion for Judgment and Order of Sale for filing until the JSAF and Order of Referral are received.
The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.
Page 26
Unless a rule or statute provides otherwise, motions must be filed with the Circuit Clerk no later than close of business 10 days before the scheduled motion date.
Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date.
Page 4 | 203 Deadlines for Serving and Filing Motions
An uncontested adoption hearing must be held within 30 days after the final-hearing request is filed, unless all required documents have not been filed; otherwise, the motion is noticed at the Court’s convenience.
A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.
Page 10 | 301 Petition
A Temporary Removal Hearing must not be held before the day after the petition is filed, allowing time for service to be attempted.
The Temporary Removal Hearing shall be held no earlier than the day following the filing of the petition to allow time for service to be attempted.
Page 16 | 604 Time for Temporary Removal Hearing
The Temporary Removal Hearing must be scheduled within 72 hours after an ECO issues, excluding holidays and weekends.
The Temporary Removal Hearing shall be scheduled within 72 hours of the issuance of an ECO, excluding holidays and weekends.
Page 16 | 604 Time for Temporary Removal Hearing
The parties must agree on a mediator or mediation service within 15 days of referral for mediation.
Within fifteen (15) days of referral for mediation, the parties shall agree on a mediator or a mediation service.
Page 16 | 703 Mediation
The required property-mediation materials must be exchanged and provided to the mediator at least five working days before the mediation conference.
Property mediation requires that the parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:
Page 16 | 703 Mediation
The completed VS-300 form must be filed with the Petition for Dissolution, and a final decree cannot be entered until this requirement is met.
A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution. A final decree shall not be entered until compliance with this rule.
Page 16 | VS-300 form requirement
The written and signed settlement agreement must be completed within ten working days.
All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.
Page 17 | 703 Mediation
The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.
The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.
Page 23 | 905 Military Attorney
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 26 | Uniform Protocol for Handling Cases
Protective-order hearings must be scheduled so they can be held within 14 days after filing.
The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.
Page 28 | III. Assignment of Cases
An agreed order used to excuse counsel from the motion docket call must be submitted to the Circuit Clerk before the call.
If an agreed order signed by counsel for all parties affected is submitted to the Circuit Clerk before the call of the motion docket, counsel need not attend the call of the motion docket.
Page 9 | IV. MOTION HOUR
A matter is deemed submitted once all memoranda or briefs are filed and the moving party has tendered proposed judgments.
B. A matter shall be deemed submitted once all memorandums and/or briefs have been filed in the record and proposed judgments from the moving party have been tendered.
Page 12 | XIV. SUBMISSION OF MATTERS
The sale is deemed confirmed ten days after the report is filed if no exceptions have been filed; no motion is required.
Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed
Page 23 | J. Confirmation of Report of Sale
If the Plaintiff or moving party fails to submit the confirmation order within twenty days after the Report of Sale is filed, additional interest on the Judgment stops accruing effective that twentieth day.
In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.
Page 24 | J. Confirmation of Report of Sale
Petitioners should not be sent away or left waiting for extended periods, and petitions should be reviewed within an hour of presentation unless no judge or trial commissioner is available.
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 26 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
Written motions other than ex parte motions, along with their hearing notices, must be served at least one week before the hearing unless another period is set by rule, statute, or court order.
Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order.
Page 8 | VI. MOTIONS AND MOTIONS DOCKET Form of Motion and Docketing
Counsel preparing an order or judgment must provide the Clerk enough copies and addressed stamped envelopes for required service, unless the party waives service or opts for electronic service.
The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04. Counsel may waive service of any order or judgment and notice of entry or may opt for electronic service. Envelopes and copies shall not be necessary for parties who have opted for electronic service.
Page 11
The Commonwealth must provide all available discovery, including exculpatory discovery, at least one week before mediation.
The Commonwealth shall provide any available discovery not yet provided, to include any exculpatory discovery, at least one (1) week prior to the date of the mediation.
Page 15 | XIX. FELONY MEDIATION
Motions in limine and witness and exhibit lists must be exchanged by the date of the final pretrial conference.
All motions in limine, witness and exhibit lists shall be exchanged on or before the date of the final pretrial conference.
Page 16 | XXI. TRIALS
All discovery intended for use at trial must be provided by the date of the final pretrial conference.
All discovery to be used at the trial of the matter shall be provided on or before the date of the final pretrial conference.
Page 16 | XXI. TRIALS
A copy of the confirmation order must be served on the purchaser of the real property.
A copy of the order of confirmation shall be served upon the purchaser of the real property.
Page 23 | J. Confirmation of Report of Sale
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 11 | Voluntary Termination
The circuit clerk must serve the notice of termination on the parties, their attorneys, probation, and parole.
The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 11 | Involuntary Termination from Mental Health Court
Unless a rule or statute provides otherwise, motions must be served on opposing parties or their attorney no later than close of business 10 days before the scheduled motion date.
Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date.
Page 4 | 203 Deadlines for Serving and Filing Motions
Required service may be made by fax or email if the attorney or party has consented in writing.
2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing.
Page 5 | 204 Pleadings Generally, A.2
Parents or custodians named in Juvenile Division actions must be served as required by CR 5.02 or the applicable statute or rule.
4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports. Upon appointment, initial appearance or as soon as practicable, all attorneys shall provide and maintain in the court file a correct electronic mail address or facsimile number. Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.
Page 5 | 204 Pleadings Generally, A.4
2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.
2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.
Page 5 | 204 Pleadings Generally, A.2
The electronic-service notice must be served on all parties.
3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties.
Page 5 | 204 Pleadings Generally, A.3
The listed papers must be served on each party except a party in default for failure to appear, subject to a contrary court order.
D. Pursuant to CR 5.01, " court otherwise orders because of numerous defendants, every paper relating to discovery ...every pleading subsequent to the original complaint unless the required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear."
Page 7
A filing served by certified mail must include completed certified-mail cards and return receipts, and the return card must show the Circuit Clerk's address.
C. Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.
Page 7
If the respondent remains unserved, service attempts must continue as provided by statute.
In cases where the respondent is unserved, attempts to serve shall continue as provided in statute
Page 7 | 205 Petitions
Docketed motions must be properly noticed and filed with the Circuit Clerk, and copies must be served on all parties or their attorneys of record, including intervenors or their attorneys.
F. All docketed motions shall be properly noticed and filed with the Circuit Clerk and copies served on all parties or their attorneys of record, including intervening parties or their attorney.
Page 8 | 206 Motions
When the Court places the matter on the docket, the Cabinet for Health and Family Services must give the Circuit Clerk the parents' or custodians' address, and the Clerk must send a court notice with the required qualifying language.
Where the matter is placed on the docket by the Court, the Cabinet for Health and Family Services shall provide an address for said parents/custodians to the Circuit Clerk who shall cause a court notice with the qualifying language to be sent out.
Page 8 | 206 Motions
All docketed motions must be noticed to any foster parents and any pre-adoptive parent or relative providing care for the child.
J. Pursuant to 42 U.S.C. 675(5) and 45 CFR § 1356.21(o), all motions set on the court docket shall be noticed to the foster parents, if any, of the child and any pre-adoptive parent or relative providing care for the child.
Page 8 | 206 Motions
All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.
All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.
Page 9 | 208 Post-Judgments
After receiving a final-hearing date, the petitioner must serve notice on all necessary parties, including the GAL, at least 10 days before the hearing unless a stated answer, waiver, or failure-to-answer exception applies.
After the Court provides a final hearing date, the petitioner, pursuant to KRS 199.515, shall serve notice of the final hearing upon all necessary parties including the GAL at least 10 days in advance thereof, unless such parties have answered and agreed to the adoption or have failed to answer and the time for answering has expired or have waived, in writing, notice of the hearing.
Page 10 | 301 Petition
Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree
Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree
Page 10 | 208 Post-Judgments
Notice of a protection order may be given to the respondent by personal service or oral presentation by a peace officer or the Court, and the order becomes effective and binding at that time.
E. Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.
Page 11 | 401.E
When an Emergency Custody Order is entered, the specified notices, forms, petition, order, and financial and counsel documents must be served on the listed parents or custodians for whom an address is provided.
Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided.
Page 14 | 601 Procedure for Emergency Custody Orders
For a denied Emergency Custody Order petition, the Clerk must send the specified summons and documents to listed parents or custodians with an address provided.
The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.
Page 14 | 601 Procedure for Emergency Custody Orders
CHFS must provide the foster parents’ address to the Circuit Clerk, who must send a court notice containing the required language.
The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.
Page 15 | Foster-parent notice
Cabinet reports must be served on the appropriate attorney by the attorney’s listed email or fax method at least three days before the motion docket.
All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket.
Page 15 | 603 Service
All motions set on the DNA docket must be noticed to the child’s foster parents, including specified pre-adoptive parents and relatives providing care.
Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre- adoptive parents or relatives providing care for the child.
Page 15 | Foster-parent notice
The petitioner must give the Circuit Clerk the correct addresses needed to serve all proper parties under the civil rules.
It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.
Page 15 | 603 Service
Parents or custodians named in the actions must be served as required by CR 5.02 or the applicable statute or rule.
Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.
Page 15 | 603 Service
After the hearing, the petitioner must continue diligent efforts to locate parties and provide updated addresses so the Circuit Clerk can send required summonses and forms to unserved parties.
The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served.
Page 15 | 603 Service
If a maintenance or child-support Pendente Lite motion is filed before the FCRPP 2(3) exchange deadlines expire, the parties must exchange Preliminary Verified Disclosure Statements before the motion is called.
If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion.
Page 16 | 701 Required Case Information
The parties must exchange Form AOC-238 within 45 days after the petition is filed and exchange objections 20 days later; objections must not be filed unless the Court orders it.
Pursuant to FCRPP 2(3), a Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition, and objections thereto shall be exchanged 20 days thereafter and shall not be filed in the court record unless ordered by the Court.
Page 16 | 701 Required Case Information
Objections must be exchanged 20 days after the disclosure statement is exchanged and may not be filed unless the Court orders otherwise.
objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.
Page 19 | 705 Mandatory Disclosure Forms
The parties must complete and exchange Form AOC-238 within 45 days after the petition is filed.
Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition
Page 19 | 705 Mandatory Disclosure Forms
The Court, the juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before a proceeding or hearing; the agency must provide copies by email or facsimile when it has a correct address and, if it serves the report electronically, provide a paper copy to the court file and counsel by the time the matter is called on the docket.
At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents. The agency assigned to prepare the report shall provide a copy of the report to the Court and agency has served the report by electronic means, the agency shall provide a paper copy counsel via email or facsimile if a correct address has been provided to the agency. If the to the court file and counsel no later than the time the matter is called on the docket.
Page 20 | 803 Court Procedures
If a pleading exhibit is not filed and served when service is required, the opposing party need not file a responsive pleading until the exhibit is filed and a copy is provided to the party or counsel.
If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.
Page 12 | XIII. EXHIBITS TO PLEADINGS
After a hearing is requested or required, the Master Commissioner sets its time and place and gives the parties written notice.
When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.
Page 28 | XXVI. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
When a private citizen obtains an Emergency Custody Order, the Circuit Clerk must fax a copy to the local CHFS office.
If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office.
Page 14 | 601 Procedure for Emergency Custody Orders
The Circuit Clerk must notify CHFS, the County Attorney, and attorneys of record of the temporary removal hearing's date and time.
The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.
Page 14 | 601 Procedure for Emergency Custody Orders
The Court may allow a Temporary Removal Hearing to proceed without service if the record establishes timely diligent efforts to serve all parties.
The Court may permit the Temporary Removal Hearing to go forward when the parent or person exercising custodial control has not been served if it is established on the record that the petitioner has made diligent efforts to serve all parties in time to permit them to prepare for and participate in the hearing.
Page 15 | 603 Service
Electronic service is the preferred method for reports required to be filed in Family Court Juvenile Division actions.
4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports.
Page 5 | 204 Pleadings Generally, A.4
Filing Fees and Waivers
When an Order or Judgment requires advertisement, the submitting party must deposit the Master Commissioner's estimated advertising and/or appraisal costs before a sale is scheduled or advertising or appraisal occurs.
When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.
Page 20 | F. Deposit for Advertisement and Appraisal
All cancelled sale fees must be paid and an Order of Distribution entered before a new sale date is set or the case is dismissed.
All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.
Page 25
A $50 fee is charged for each report and recommendation prepared on a tendered foreclosure judgment in an uncontested mortgage or other lien enforcement case.
A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien.
Page 25
A sale withdrawn before appraisal incurs a $400 fee, unless the Circuit Court approves a different fee of up to $2,500 upon good cause shown by proper motion.
If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.
Page 25
A deposit sufficient to cover the direct cost of the sale must be paid to the Master Commissioner.
As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale.
Page 25
A $650 fee is assessed for each additional property, parcel, or judgment.
property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.
Page 25
A withdrawn sale is subject to a fee based on the greater of the stated appraisal-based calculation or $400, capped at $2,500 unless multiple properties, parcels, or judgments are involved, with an additional fee for each additional one.
If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.
Page 25
A $50 fee is assessed for each approval of an Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, or Notice of Sale.
A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.
Page 25
In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the JSAF along with the original filing fee.
In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee.
Page 26
A $50 fee is charged for drafting and executing any necessary deed or title.
Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.
Page 26
A separate JSAF and Order of Referral are required for each property in an action involving the sale of multiple properties.
In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property.
Page 26
The JSAF is not due and payable until a Motion for Judgment and Order of Sale is filed.
The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action.
Page 26
When paying out money or settling estates, the Master Commissioner or Receiver assesses 3% of the first $2,000, 2½% of the next $3,000, and 1½% of the excess over $5,000.
The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates: 3% of the first $2,000 2 ½% for the next $3,000 1 ½% for the excess over $5,000
Page 26
If a property is not sold within six months of its last appraisal filed of record, a new Order of Referral and JSAF must be paid before a rescheduling motion is filed or, absent a motion, before the property is rescheduled.
For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.
Page 26
Hearing fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Judge approves an exception for shown extraordinary circumstances.
No more than $600 in hearing fees 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 Judge for extraordinary circumstances shown.
Page 27
Hearing fees must be paid to the Master Commissioner by the fifth working day after the hearing concludes.
These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing.
Page 27
The fee is capped at $5,000.
The fee shall never exceed $5,000.
Page 27
If a case is reopened, additional fees may total no more than $200 unless the Circuit Judge recommends and the Chief Judge approves an exception for shown extraordinary circumstances.
If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.
Page 27
For other hearings without a sale, settlement, or receivership, a fee of $60 per hour is assessed in quarter-hour increments.
For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments.
Page 27
A fee is assessed for the hearing and report in a Chapter 425 possessory or attachment matter and must be paid before the hearing.
When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.
Page 27
The Court determines an ordered auctioneer’s fee, which may not exceed six percent of the sale price and is paid from the sale proceeds.
In all sales of real estate where an auctioneer is ordered, the fee for the auctioneer shall be determined by the Court, which sum shall not exceed six percent (6%) of the sale price. The fee shall be paid from the proceeds of the sale.
Page 28 | N. Auctioneer’s Fees
Each appraiser in a real-estate sale where an appraisal is required receives $150 from the sale proceeds, unless the Court orders otherwise.
In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale.
Page 28 | M. Appraiser’s Fees
A motion to modify must be filed in a new custody proceeding and requires a filing fee, subject to an exception that is cut off in the provided text.
However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the
Page 13 | 504 Child Custody and Visitation in a Paternity Action
The $50 reopening fee is not paid for motions in Title IV-D cases seeking child support modification or enforcement.
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement.
Page 13 | 505 Reopening Fee
The reopening fee is charged for later custody or visitation motions in a Title IV-D-initiated action when brought by private counsel or a self-represented party rather than Title IV-D counsel, unless the motion is in forma pauperis.
However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding custody and visitation are brought by a private attorney or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 13 | 505 Reopening Fee
The fee for each judicial sale is 3% of the final bid, with a $400 minimum and $5,000 maximum unless the sale involves more than one property, parcel, or judgment.
The fee for each judicial sale shall be calculated as 3% of the final bid. The fee based upon this calculation shall be no less than $400 and shall not exceed $5,000 unless the sale involves more than one property, parcel, or judgment.
Page 24 | L. Fees of the Master Commissioner
A fee is payable to the Circuit Court Clerk when bonds are submitted for signature and approval.
All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.
Page 24 | K. 4.11 Bond
Incurred expenses are not refunded if a sale is withdrawn.
If a sale is withdrawn, incurred expenses will not be refunded.
Page 25
The Master Commissioner may recover necessary direct expenses attributable to a case referred for judicial sale, including the listed costs.
In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession.
Page 25
No additional $200 JSAF is charged when a withdrawn judicial sale is rescheduled within six months of the previous sale date.
For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged.
Page 26
A withdrawn sale rescheduled more than six months after the last sale date is treated as a new referral for sale.
Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.”
Page 26
The Circuit Court Clerk must transmit the fee to the Administrative Office of the Courts as directed by AOC.
The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts as directed by AOC.
Page 26
The fee is not assessed when a sale fee is assessed.
The fee shall not be assessed if a sale fee is assessed.
Page 27
In computing the fee for settling an insolvent estate, exclude amounts exempt from creditors.
For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors.
Page 27
Master Commissioner fees are governed by the Part IV fee schedule and its amendments.
The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.
Page 27
The Court fixes each appraiser’s fee for a court-directed personal-property appraisal based on evidence it may require about the property, item count, value, and appraisal effort.
In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.
Page 28 | M. Appraiser’s Fees
For qualifying commercial-industrial or multiple-parcel real-estate appraisals, the Court may order an additional fee that accounts for the time, labor, and skill involved.
In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.
Page 28 | M. Appraiser’s Fees
The Circuit Clerk must provide a copy of the Emergency Custody Order at no cost when a person granted emergency custody appears in person and requests one.
If the person(s) to whom emergency custody has been granted appears in person in the Circuit Clerk's office and requests a copy of the ECO, the Circuit Clerk shall provide a copy at no cost.
Page 14 | 601 Procedure for Emergency Custody Orders
Courtesy Copy Requirements
A courtesy copy of a motion set for hearing at the court’s convenience must be provided to the presiding judge when the motion is filed and may be sent by email to the judge’s staff attorney or administrative assistant.
A courtesy copy of any motion set to be heard at the convenience of the court shall be provided to the presiding judge at the time of filing. This may be accomplished via email to the presiding judge’s staff attorney or administrative assistant.
Page 9 | IV. MOTION HOUR
Sealing & Redaction Procedures
Mental Health Court proceedings must remain confidential and closed unless the Judge authorizes otherwise.
Mental Health Court proceedings shall be confidential, and all proceedings shall be closed unless otherwise authorized by the Judge.
Criminal cases
Page 12 | Confidentiality
Mental Health Court documents other than the specifically listed documents must be kept confidential and under seal.
All other Mental Health Court documents shall be kept confidential and under seal:
Criminal cases
Page 12 | Filing of Mental Health Court Documents
Mental Health Court team members must comply with state and federal confidentiality laws regarding treatment information.
Mental Health Court team members shall comply with state and federal confidentiality laws regarding treatment information.
Criminal cases
Page 12 | Confidentiality
Documents in a participant’s Mental Health Court case file must remain confidential and may not be released.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released.
Criminal cases
Page 12 | Confidentiality
The Circuit Clerk must seal covered temporary custody orders and background checks from inspection except by the parties, their counsel, by court order, and official Cabinet representatives.
Temporary Custody Orders granted pursuant to KRS 199.473(7) and accompanying background checks shall be sealed by the Circuit Clerk and not opened to inspection by persons other than the parties to such proceedings and their counsel or by court order. Representatives of the Cabinet for Health and Family Services acting in their official capacity shall not be denied access.
Page 10 | 301 Petition
During adoption proceedings, court files and records may be inspected only by the specified parties, attorneys, and official CHFS representatives unless the Family Court expressly permits inspection by order.
H. Pursuant to KRS 199.570(1)(a), the files and records of the Court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings, their attorneys, and representatives of the Cabinet for Health and Family Services acting in their official capacity without order of the Family Court expressly permitting inspection.
Page 11 | H
A petitioner's and minor child's addresses must be kept from the public and the protection-order respondent, but CHFS representatives may access them when investigating a pending case.
D. Pursuant to KRS 403.770(1) the petitioner's address and the address of any minor child shall not be made available to the public, or to the person or persons named as the respondent in the protection order. Representatives of the CHFS may have access if investigating a pending case.
Page 11 | 401.D
After final judgment in an adoption case, the Circuit Clerk must seal all case papers and records in a suitable envelope, which may be inspected only by written court order.
Pursuant to KRS 199.570(1)(b), upon the entry of the final judgment in the case, the Circuit Clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person except on written order of the Court.
Page 11 | H
When personal identifiers are required or appear in covered filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is limited to authorized persons. Filings in actions deemed confidential by statute need not be redacted.
Where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The Circuit Clerk shall only permit access to the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific order of the Court. As used in this section, "personal identifier" means a Social Security number or tax-payer identification number, date of birth, or financial account number. B. Pleadings, documents or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by these rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 20 | 901 Protections of Personal Identifiers
The Circuit Clerk may not release covered Family Court video records without a specific written order from a Family Court Judge; the rule does not apply to qualifying public officers or employees, who may use or distribute the information only for authorized investigation or prosecution.
The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a 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 portion of the video record being requested and the specific purpose for the request. B. Pursuant to KRS 610.340(2), Rule 902(A) shall not apply to public officers 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 21 | 902 Requests for Confidential Video Records
Pre-Motion Conference Requirements
Before filing a motion other than an Ex Parte Motion, the filer must make reasonable efforts to agree on a motion-docket date with opposing counsel; the moving attorney may set the date if agreement cannot be reached, subject to the stated emergency and statutory-timing qualification.
A. Any attorney or party prior to filing any Motion, except an Ex Parte Motion, shall make reasonable efforts to contact opposing counsel to obtain an agreeable date on which to set the matter on the motion docket. In the event the attorneys cannot agree upon a date for said motion, other than one of an emergency nature or which may be required by statute to have a ruling within a set time, the moving attorney may set the matter on the motion docket.
Page 7 | 206 Motions
A motion to compel discovery, for a protective order, or for sanctions may be filed under CR 26 or CR 37 only after counsel cannot resolve the dispute, and counsel or a party must make a good-faith effort to resolve discovery disputes.
H. A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 or CR 37 only if counsel are unable to resolve the dispute between them. Counsel or party has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 8 | 206 Motions
A pretrial conference must be scheduled before the specified matters are placed on the regular Family Court docket, unless the respondent cannot be located or fails to appear.
No case shall be scheduled on the regular Family Court docket for trial, motion for judgment on the pleadings, motion for summary judgment, or motion for an original child support order without first scheduling a pretrial conference. This rule may be waived if the respondent is unable to be located or fails to appear at said pretrial conference.
Page 13
Parties may submit an agreed Paternity/Child Support order off-docket without an out-of-court pretrial conference; if CHFS is a party or provides benefits, it must be notified before submission.
Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.
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Adjournment & Extension Requirements
A party may seek a continuance of a jury trial after the final pretrial conference only upon demonstrating extraordinary circumstances that may cause unjust hardship; an undisclosed or undiscovered scheduling conflict does not qualify.
No continuance of a jury trial may be sought after the date of the final pretrial conference unless a party can demonstrate extraordinary circumstances which may result in an unjust hardship to the moving party. A scheduling conflict not previously disclosed or discerned is not an extraordinary circumstance.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
Failure to respond may support sustaining a motion, but the response deadline may be extended for good cause shown.
Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
Page 9 | IV. MOTION HOUR
On motion and a showing of good cause, the court may extend the sale deadline by up to 30 days.
Upon motion and good cause shown, the court may extend the deadline established by this subsection for a period not to exceed 30 days.
Page 22 | G. Terms and Conditions of Sale
Agreed orders to continue final hearings are not appropriate and will not be considered.
Agreed orders to continue Final Hearings are not appropriate and will not be considered by the
Page 9 | 207 Orders
Chambers Communication Rules
Before making a recommendation, the Commonwealth must request a criminal record check from AOC Pretrial Services by phone or fax, not from the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . Do not send requests to the local Pretrial Services Officer. KRS 533.252
Criminal cases
Page 3 | III. Procedure
The attorney requesting a hearing must notify the Master Commissioner’s office; the Commissioner then sets the hearing’s time and place and gives written notice to the parties.
When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.
Page 28 | XXVI. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
The Circuit Court Clerk or attorney seeking relief must immediately deliver ex parte and temporary restraining order requests, together with the record, to the Master Commissioner.
Requests for Ex Parte and Temporary Restraining Orders shall be immediately delivered to the Master Commissioner, along with the record, by the Circuit Court Clerk or the attorney requesting relief.
Page 28 | XXVI. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
If the parties cannot agree on a mediator or mediation service, they must notify the Court, which will select one.
If the parties cannot agree, they shall notify the Court, which will select a mediator or a mediation service.
Page 16 | 703 Mediation
The parties must contact the Family Court Office to remove pending hearings concerning resolved issues.
The parties shall have the affirmative duty to contact the Family Court Office and remove any pending hearings concerning resolved issues.
Page 17 | 703 Mediation
Circuit clerks may not give legal advice, intervene in or comment on individual cases, or assist with completing forms.
D. Circuit Clerks are not allowed to give legal advice, intervene in, comment on individual cases or assist in the written completion of any forms.
Page 3 | RULE 1 INTRODUCTION AND ADMINSTRATIVE PROCEDURE
Counsel and parties must check the website or the Circuit Clerk to determine the appropriate time and place for a motion docket.
C. Motions for matters in Family Court, not an emergency, shall be noticed for the beginning of the appropriate regularly scheduled motion docket, unless otherwise advised by the Family Court Judge or Family Court Office. It is the responsibility of counsel and parties to check the website or with the Circuit Clerk to determine the appropriate time and place for any motion docket.
Page 4 | 203 Deadlines for Serving and Filing Motions
Attorneys are expected to request a copy of the calendar-sheet or docket-sheet order from the clerk if one is not provided.
The Court will strive to provide copies at the conclusion of proceeding in which the motion is called and attorneys are expected to know that this is the practice of the Court and request a copy of the calendar sheet or docket sheet order if one is not provided by the clerk.
Page 9 | 207 Orders
A party signing the waiver must keep the Court informed of changes to the party's address or phone number.
keep the Court apprised of any changes in address or phone number.
Page 16 | 702 Appearances, Waivers, and Agreements
For civil contempt proceedings, Petitioners should contact the Circuit Clerk's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
For civil contempt proceedings, Petitioners should contact the Circuit Clerk's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 28 | IV. Contempt Proceedings
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 Emergency Protective Order or Domestic Violence Order was issued.
Page 25 | Contempt Proceedings
Petitioners seeking to initiate a criminal complaint should contact local law enforcement or the County Attorney's office where the order was issued.
C. Petitioners seeking to initiate a criminal complaint for violation of a protection order should contact law enforcement or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 25 | Contempt Proceedings
The motion and holiday schedules are available from the Circuit Clerk or Family Court Office, on the Family Court website, and by email to attorneys who provided an email address.
A. Sessions for Family Court shall be held in each county of the Fourteenth Judicial Circuit. The motion docket schedule and the holiday schedule is available upon request to the Circuit Clerk, the Family Court Office, on the Family Court website and via email transmission to attorneys who have provided an email address to the Family Court Office.
Page 4 | 201 Regular Motion Hour Schedule
In forma pauperis motion forms are available by request to the Circuit Clerk.
In forma pauperis motion forms shall be available upon request to the Circuit Clerk.
Page 21 | 903 Forms