Shelby Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Memorandum
- Chambers Drop Off
Adjournments
- When a pass is sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk as an original or faxed copy by 3:00 P.M. three business days before the scheduled motion docket.
- For a detained defendant at the Shelby County Detention Center seeking a continuance of the scheduled status hearing, defense counsel must complete and tender a Docket Pass Form and Order to the Clerk by 3:00 P.M. one business day before the motion docket; an original or faxed copy is allowed.
Communication
Phone
Chambers
Phone
Phone
Clerk
Phone
Clerk
Phone
Clerk
Fax
Page & Word Limits2 rules
For the listed motions, supporting memoranda and responses are limited to 25 pages and reply memoranda to 5 pages; the 25-page limits have stated court-order or leave exceptions.
- Supporting memorandum
- Up to 25 pages
- Opposition response
- Up to 25 pages
- Reply memorandum
- Up to 5 pages
- Motion to dismiss
- Summary judgment motions
- Motion to strike
- Cr 12 02 motions
Exception
More pages with leave of court
Court's wording
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order. Failure to file a memorandum with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum and time of service of the motion. Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.
- Notice of service
- Up to 1 page
Document Format Requirements5 rules
Pleadings and legal papers must display the specified court heading centered at the beginning of the first page, with the case number centered beneath it.
Court's wording
A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.
C. All pages of all legal papers shall be numbered at the bottom center of each page as follows: Page _ of . (pages)
Proposed Findings of Fact and Conclusions of Law must be submitted in Microsoft Word format.
- Proposed findings conclusions
Formatting
- •Microsoft Word format
Court's wording
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
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 shail be accepted and filed with the court.
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
- Jury instructions
Formatting
- •Submit on a CD or diskette
- •Microsoft Word format
Document Filing Requirements69 rules
B. All pleadings and papers requiring a certificate of service shall set forth on the last page thereof the typed name and complete address of counsel, including telephone number AND complete name, address, and telephone number of all opposing counsel.
Pleadings and legal papers must include the specified court heading and the case number.
- Document
- Pleading or legal paper
Must include
- •Case number
Court's wording
A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.
D. If a page requesting the Judge's signature has no other indicator of the case name and number on said page, a notation of the court name and case number shall be included at the top of said signature page.
- Document
- Signature page
Must include
- •Case number
The notice of a motion in a criminal case, other than a motion for shock probation or prerelease probation, shall specify the date, time and place for the hearing thereof.
Defense counsel must complete and tender the Docket Pass Form and Order to the Clerk in original or faxed form for a qualifying continuance request.
Court's wording
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk in original or faxed form.
Court's wording
In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.
Retained trial counsel seeking to withdraw for a defendant appealing a conviction must prepare and file the listed appeal documents before permission to withdraw is granted, with the in forma pauperis and substitution documents required if applicable.
Court's wording
Retained trial counsel shall secure permission from the court before withdrawing as counsel for a defendant who seeks to appeal a judgment of conviction. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: a. Notice of appeal pursuant RCr 12.04; b. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; c. Designation of record on appeal; and d. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.
In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.
The Commonwealth shall include in its discovery all information in its possession or control, including the information contained in RCr 7.24 and RCr 7.26.
If the Commonwealth withholds material as non-discoverable, it must state that in writing when it files the prosecutor's file contents.
Court's wording
In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court.
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
The defendant may seek additional discovery by written motion, but such motions must be specific rather than general, and broad discovery motions will be summarily overruled.
Court's wording
The defendant, by and through counsel, may request by written motion additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.
All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's discovery filings with the Court.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order.
Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court.
Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.
The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
Nonjury cases will be assigned for trial only upon motion at the call of the Motion Docket, or at pre-trial conferences, at which time the Court shall be informed of the probable duration of the trial and any conflicting trial obligations of counsel for the parties.
all orders shall contain a signature line for approval of entry.
The notice of the hearing shall specify the date, time and place for the hearing.
Every motion, except as otherwise provided herein, and other than ones which may be heard ex parte, shall appear on the Motion Docket.
If the action is ordered submitted at the hearing the party seeking the judgment shall place the entire record of the action and the proposed judgment in the Judge's orders/judgments box in the Clerk's office.
To submit an action for judgment against a party in default for failure to appear, the party seeking the judgment shall place the entire record of the action, the motion and the proposed judgment, in the Judge's orders/judgments box in the Clerk's office.
A default-judgment motion must be written and accompanied by the specified attorney certificate and military-service affidavit.
Court's wording
A party seeking a judgment by default under CR 55.01 shall file a written motion therefor. The motion shall be accompanied (a) by a certificate of the attorney that no papers have been served upon the attorney by the party in default, the date and method by which the party in default was served and (b) by an affidavit stating whether the party in default is in the military service.
Ill). If the party in default has appeared in the action, the motion shall appear on the motion docket
i). If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.
Counsel preparing the order or judgment SHALL ALSO DELIVER TO THE CLERK A SUFFICIENT NUMBER OF PROPERLY ADDRESSED, STAMPED ENVELOPES to permit the Clerk to complete service thereof when required by CR 77.04.
C. When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
The endorsement is not required in the listed circumstances, but preparing counsel must attest when one of those circumstances applies.
Court's wording
B. The endorsement required by paragraph A above shall not be required where: i). Counsel for the party(s) against whom the order is to be entered refuses to attest the order; il). Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order; ili). The party against whom the order is to be entered is not represented by counsel; or iv). There was no opposition to the motion at Motion Hour. Where any of the above apply, preparing counsel shall so attest.
A. Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as being in conformity to the ruling or opinion, and shall be presented to the Court.
The Commonwealth Attorney shall make a motion to the Court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the Court regarding how the exhibits can be disposed.
Legal briefs or memoranda shall be filed of record in the Clerk's office.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280. The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.
A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.
After the retention period expires, the Commonwealth Attorney must review the exhibits and move the Court to determine which exhibits are contraband or forfeited.
Court's wording
After the time period has expired, all exhibits shall be delivered to the Commonwealth Attorney who shall review the exhibits and make a motion to the Court as to which exhibits shall be declared contraband and which exhibits shall be declared forfeited under the applicable statutes.
The parties must prepare and present an order of submission identifying the issues submitted for decision or final judgment.
Court's wording
Upon submission of any matter to the Court for decision or final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted
If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
Covered judgments or orders must be submitted with the record to the Master Commissioner for certification before being delivered to the Court for approval and entry.
Court's wording
In addition to other requirements of these Rules, all judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner or directing the delivery of a deed must be submitted along with the record to the Commissioner for certification that it complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry at its next motion hour.
An order or judgment directing a property sale or deed must include the specified property, ownership, title, cost, lien, and auctioneer information.
Court's wording
Every order or judgment of this Court directing the Commissioner to sell property or to execute or deliver a deed shall contain: 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; b. The name of the parties or parties whose interest is being sold or conveyed; c. The source of that party (or parties') title with deed book, page number and date of deed or recording date of deed; d. A specific designation of all costs, liens, and/or encumbrances to be paid. Regarding liens to be released, the judgment and order of sale shall specify the name and address of the entity and/or person(s) holding a lien and/or encumbrance, the payoff amount as of the end of the month in which the judgment and order of sale is drafted, and a per diem amount if applicable. e. A directive, upon request of the creditor or mortgage holder, that the Master Commissioner hire a licensed auctioneer to sell real estate which he has been ordered to sell pursuant to KRS 426.522.
f. A signature line for the master commissioner indicating certification and compliance;
i. Appropriate number of copies for all parties including submitting attorney and master Commissioner; and
g. A prepared by signature line of the attorney submitting order;
h. A certificate of service by the Circuit Court Clerk;
Include
- •Certificate of service
Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.
j. Self-addressed stamped envelopes for all parties including submitting attorney.
5). The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.
e. Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.
f. Reinstatement of a judicial sale following an order to withdraw or abate same shall be made by motion and Order.
If disbursements are to be made to taxing authorities, a copy of the pertinent tax bills) must be furnished the Commissioner, giving the commissioner's office sufficient time to pay the bills) with the amounts) listed in the order.
Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients) and the specific amounts due each under the judgment or order.
An order confirming the sale must be submitted to the Court when the sale is deemed confirmed.
Court's wording
Ten (10) days after the filing of the report of sale, if no objections have been filed thereto and without motion, the sale shall be deemed confirmed and an order confirming the sale shall be submitted to the Court.
An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner's office.
Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.
i). The mediator shall notify the Court promptly in writing when a case is not accepted for mediation.
iii). If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
At mediation’s conclusion, the mediator must report in writing that the process has ended and, if there is no agreement, report that fact without comment or recommendation.
Court's wording
v). At the conclusion of cases accepted for mediation, the mediator will report to the Court in writing the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation.
All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court.
G. All agreed orders deciding or affecting the issues on appeal must clearly state either (a) that the appeal is dismissed and the case remanded to the District Court for specific action or judgment or (b) that certain specified issues remain to be decided.
The Commonwealth shall make a written recommendation to the Court in response to each application.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.
A pretrial diversion order must include the specified restitution, supervision, duration, compliance, testing, weapon, and other appropriate conditions, with restitution applicable as stated.
Court's wording
b.) The Order of Diversion shall include: i.) Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage]. ii.) Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). ili.) Duration of the diversion. iv.) Require defendant to obey all rules and regulations imposed by Probation & Parole. v.) As required by KRS 533.030(1) [conditions of probation/restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate. vi.) That the petitioner remain drug and alcohol free and be subject to random testing . vii.) That the petitioner have no violation of the Penal Code or the Controlled Substances Act. viii.) That the petitioner possess no firearm or any other deadly weapon. ıx.) Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility.
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful.
Filing & Service rules
Filing Timing and Cure Windows
Shelby Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Wednesday before the noticed motion day.
Shelby Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Wednesday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
Spencer Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Friday before the noticed motion day.
Spencer Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Friday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
Anderson Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Thursday before the noticed motion day.
Anderson Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Thursday preceding the motion day designated in the notice.
Page 7 | K. Filing Deadline
The Docket Pass Form and Order for a qualifying continuance request must be tendered to the Clerk by 3:00 P.M. one business day before the scheduled motion docket.
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The signed guilty-plea offer and petition must be attached to the record by 3:00 P.M. one business day before the scheduled motion docket.
In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The Form and Order for a pass sought for a defendant in another institution or detention facility must be filed by 3:00 P.M. three business days before the scheduled motion docket.
In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The original Form and Order must be presented to the Judge for signing when the motion docket is called.
The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The Commonwealth must file the discoverable portion of the prosecutor's file for the defendant to inspect at arraignment.
The Commonwealth shall file with the Court a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the defendant at arraignment.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
If no case-disposition agreement is reached before the defendant's next appearance, defense counsel must submit expected written motions for the next motion hour; additional motions afterward require an exception stated in the rule.
If an agreement to dispose of the case cannot be reached with the Commonwealth prior to the defendant's next court appearance, defense counsel shall submit such written motions as the attorney shall expect to offer in the case at the next motion hour. No additional motions may be offered after that motion hour except by leave of the court upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the plea negotiation conference or in the interest of justice.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
The Commonwealth must file supplemental material by the final pretrial conference; qualifying material filed later is excluded from evidence unless the Court grants leave for good cause.
The Commonwealth remains under a continual order to file any supplemental material. All supplemental material must be filed by the final pretrial conference. All supplemental material and information that could have reasonably been ascertained prior to the final pretrial conference that is filed after the final pretrial conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
Proposed jury instructions must be tendered three business days before trial.
The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.
Page 10 | O. Jury Instructions
Law enforcement officers must immediately provide post-grand-jury additional or supplemental evidence to the Commonwealth's Attorney and record the delivery; the Commonwealth's Attorney must immediately file it with the Court.
All law enforcement officers that receive additional or supplemental evidence after presentation to the Grand Jury shall immediately provide same to the Commonwealth's Attorney and shall so note the delivery thereof in their files and the Commonwealth's Attorney shall immediately file same with the Court.
Page 10 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
Responses must be filed within 24 hours of the noticed motion hour.
Responses shall be filed within 24 hours of the noticed motion hour.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
New counsel must file an entry of appearance in the record immediately upon being retained.
"New" counsel shall file an entry of appearance in the record immediately upon being retained.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
The listed motions must be filed at least 24 days before motion hour.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.
Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
The response must be filed at least 72 hours before the hearing time stated in the notice.
Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
A motion or action will not be heard on Motion Day unless filed with the appropriate Court Clerk before 4:00 P.M. on the specified preceding weekday for its county, unless the Court grants leave.
However, no motion or action shall be heard on Motion Day unless the motion is filed with the appropriate Court Clerk before 4:00 P.M. on the Monday preceding the Motion Day designated on the notice in Shelby County, the Thursday preceding the Motion Day designated on the notice in Anderson County, and the Friday preceding the Motion Day designated on the notice in Spencer County, except by leave of Court.
Page 13 | G. Docketing and Appearances
After a notice of submission is filed, no further pleadings, proof, or briefs may be filed unless the Court orders or allows them for good cause shown.
No further pleadings, proof or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the filing of the notice of submission.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
The Court must file an opinion or ruling within ninety days after entry of the submission order and filing of AOC Form-280.
In accordance with KRS 454.350, the Court shall file an opinion or ruling within ninety (90) days of the entry of the order of submission and filing of the AOC Form-280.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
Proposed Findings of Fact and Conclusions of Law must be submitted within ten days after the trial concludes.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
Appraisals must be filed in the court record before the sale.
Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.
Page 19 | 4. Terms and Conditions of Sale
A motion and Order to withdraw or abate a judicial sale must be made before the sale date and time.
e. Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.
Page 20 | 4. Terms and Conditions of Sale
The Master Commissioner must file the report of sale no later than three business days after the sale.
The report of sale shall be filed by the Master Commissioner no later than three (3) business days after the date of sale.
Page 21 | 5. Report of Sale
The Master Commissioner must execute and deliver the deed within five business days after confirmation and deed approval, once the applicable costs and purchase-price conditions are satisfied.
The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five (5) business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.
Page 21 | 9. Execution and Delivery of Deed
If no objections are filed, the sale is deemed confirmed without a motion ten days after the report of sale is filed.
Ten (10) days after the filing of the report of sale, if no objections have been filed thereto and without motion, the sale shall be deemed confirmed and an order confirming the sale shall be submitted to the Court.
Page 21 | 6. Confirmation of Report of Sale
Requests for ex parte relief and temporary restraining orders must be delivered immediately to the Commissioner with the record by the Clerk or the attorney seeking relief.
Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.
Page 22 | C. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
A statement of appeal must be filed within 30 days after the first notice of appeal is filed, subject to the stated extension and cross-appeal conditions.
C. If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06 within 30 days from the date of filing the first notice of appeal as provided by CR 72.08, and no motion for extension of time is filed within 10 days after that, and no notice of cross-appeal has been filed as provided by CR 74, the Clerk will prepare an order of dismissal and remand, attach same to the record and place the record and order in the box of the Judge.
Page 26 | RULE 16 APPEALS FROM DISTRICT COURT
D. If the statement of appeal is timely filed and no counter- statement is filed pursuant to CR 72.12 within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.
D. If the statement of appeal is timely filed and no counter- statement is filed pursuant to CR 72.12 within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.
Page 26 | RULE 16 APPEALS FROM DISTRICT COURT
A motion for discretionary review must be filed within 30 days after the Clerk complies with CR 77.04(2) to avoid return of the record to District Court.
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76.20 within 30 days thereafter the record will be returned to District Court.
Page 26 | RULE 16 APPEALS FROM DISTRICT COURT
An eligible person may apply for pretrial diversion after indictment, but must apply no later than 30 days before trial.
After indictment in circuit court, and no later than thirty (30) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Page 31 | III. Procedure
Petitioners must not be sent away or left waiting for extended periods.
Petitioners shall not be sent away or left waiting for extended periods of time.
Page 2 | Uniform Protocol for Handling Cases
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
If the trial proof warrants different or additional instructions, the parties may tender them at the close of the case before the case is submitted to the jury.
If the proof at trial would warrant the giving of any different or additional instructions, the parties will be given the opportunity to tender additional or different instruction(s) at the close of the case and before submission to the jury.
Page 10 | O. Jury Instructions
Service and Proof of Service Rules
An arraignment may not be scheduled unless a summons or warrant has been properly served before the arraignment.
E. There will be no arraignment scheduled on the Court's calendar without proper service of a summons or warrant prior to the arraignment.
Page 6 | RULE 4 — PROCEDURES IN CRIMINAL CASES
For Motion Hour matters other than the stated exceptions and ex parte matters, the motion and hearing notice must be served on opposing parties by hand delivery or facsimile and received by opposing counsel at least 72 hours before the noticed motion hour.
All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (ii) and (ili) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery or facsimile on opposing parties. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour.
Page 11 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
The listed motions must be served on the opposing party or attorney at least 24 days before motion hour.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
A motion seeking leave for substitution or withdrawal must be noticed to all parties.
Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Motions must be served on the Master Commissioner when applicable.
Motions shall be served on the Master Commissioner where applicable
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
When the party in default has appeared, that party or the party's representative must be served written notice of the motion at least three days before the hearing.
the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least three (3) days prior to the hearing thereon.
Page 13 | E. Default Judgments
A copy of the order confirming the sale must be served on the purchaser.
A copy of the order of confirmation shall be served upon the purchaser.
Page 21 | 6. Confirmation of Report of Sale
Orders of dismissal or submission, and opinions and orders affirming or reversing the District Court, must be served on all parties or their attorneys and the trial Court Judge.
F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge.
Page 26 | RULE 16 APPEALS FROM DISTRICT COURT
When the party in default has failed to appear, notice of the default-judgment motion need not be given to that party.
no notice thereof need be given the party against whom judgment by default is sought.
Page 13 | E. Default Judgments
The Court may void participation in diversion after a hearing and notice to the Commonwealth and defendant upon a showing of noncompliance or unsatisfactory progress.
A.) After a hearing, with notice to the Commonwealth and the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.
Page 32 | V. Voiding a Diversion Order
Counsel may waive service of an order or judgment and notice of entry.
Counsel may waive service of any order or judgment and notice of entry.
Page 14 | RULE 6 — ENTRY OF ORDERS AND JUDGMENTS
Filing Fees and Waivers
The party submitting an order requiring advertisement or appraisal must deposit the estimated costs, with a minimum deposit of $2,500, before the order is submitted to the Court or the advertisement or appraisal proceeds.
When any order is submitted to the Commissioner requiring advertisement or appraisal, the party submitting the order shall deposit with the Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal, but not less than two thousand five hundred dollars ($2,500.00). The Commissioner shall not submit the order to the Court nor cause an advertisement or appraisal to be made until such deposit is made.
Page 18 | RULE 13 — A. JUDICIAL SALES — 2. Deposit for Advertisement and Appraisal
The required costs under the Civil Rules must be paid for the Clerk to forward the original record after a proper notice of appeal is filed.
A. Upon the filing of a proper notice of appeal in the District Court and the payment of costs as may be required by the Civil Rules, the Clerk shall forward the entire original record as described in CR 72.04 to the Clerk of the Circuit Court.
Page 25 | RULE 16 APPEALS FROM DISTRICT COURT
Bond payments must be made in cash.
Bonds can only be paid in cash.
Page 1 | Relative Content
Each appraiser’s fee in a residential sale requiring an appraisal is $200 unless the Court orders otherwise, and the fee is paid from sale proceeds.
In all residential sales where an appraisal is required, the fee of each appraiser shall be $200.00, unless otherwise ordered by the Court. Appraisal fees for commercial, farm and other sales shall be set by the court. The fee shall be paid from the proceeds of sale.
Page 21 | 10. Appraiser's Fees
The Commissioner is entitled to the fees set forth in AP Part IV, Section 8.
The Commissioner shall be entitled to those fees set forth in AP Part IV, Sec. 8.
Page 21 | 7. Fees of the Commissioner
Money paid into Court under CR 67.01 must be paid to the Master Commissioner, who is authorized to charge a fee under AP Part IV, Section 8.
Any money paid into Court pursuant to CR 67.01 shall be paid to the Master Commissioner who is authorized to charge a fee pursuant to AP Part IV, Sec. 8.
Page 22 | B. Hearings
The Commissioner may charge and collect a fee for the pre-hearing conference under AP Part IV, Section 4-18.
The Commissioner shall then promptly assign a date for a pre-hearing conference and give written notice thereof. The attorney responsible for the case shall be expected to personally attend said hearing. The Commissioner may charge and collect a fee in accordance with AP Part IV, section 4-18.
Page 22 | B. Hearings
Phone payments are accepted using debit or credit cards, and fees may apply.
Phone payments can also be accepted using debit/credit cards (fees may apply)
Page 1 | Relative Content
Court payments may be made by cash, personal check, money order, or credit/debit card, and online payments are available through ePay.
Payment options: Cash, personal check, money order, credit/debit card (fees may apply). Pay online with ePay.
Page 1 | Relative Content
Courtesy Copy Requirements
Copies of cited cases must not be filed; they must be placed in the Judge's box with a copy of the brief or memorandum.
Copies of cases cited therein shall not be filed but shall be placed in the Judge's box along with a copy of the legal brief or memorandum.
Page 15 | RULE 8 — LEGAL BRIEFS AND MEMORANDA
Sealing & Redaction Procedures
Mediation documents and communications, other than signed agreements, are confidential and generally may not be disclosed, discovered, or admitted into evidence, subject to exceptions under the rule or a court order for good cause.
i). Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications except signed agreements are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding.
Page 24 | D. Confidentiality
Mediation proceedings are not public records unless the Court enters them into the record.
ii). No part of the mediation proceedings shall be considered a public record, unless entered into the record by the Court.
Page 24 | D. Confidentiality
Confidentiality and disclosure restrictions do not apply to the extent all parties consent in writing; the excerpt ends before the other stated exception is complete.
Ill). There is no confidentiality and no restriction on disclosure under this rule to the extent that: a. All parties consent in writing to disclosure; or
Page 24 | D. Confidentiality
Pre-Motion Conference Requirements
Before filing a discovery motion to compel, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it themselves.
A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel shall have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Adjournment & Extension Requirements
For a detained defendant at the Shelby County Detention Center seeking a continuance of the scheduled status hearing, defense counsel must complete and tender a Docket Pass Form and Order to the Clerk by 3:00 P.M. one business day before the motion docket; an original or faxed copy is allowed.
In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
When a pass is sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk as an original or faxed copy by 3:00 P.M. three business days before the scheduled motion docket.
In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.
Page 8 | M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas
The Court may extend the response-filing time on an oral or written motion showing good cause, considering factors such as the motion's length and complexity and when it was served.
Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum and time of service of the motion.
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion
Chambers Communication Rules
When a case is called, participating counsel must stand, answer the call, announce appearances, and tell the Court whether a hearing is necessary.
When the case is called, participating counsel shall stand in place, answer the call, announce their appearances for the record, and advise the Court if a hearing is necessary in the matter.
Page 14 | G. Docketing and Appearances
Counsel must submit the proposed findings and conclusions by email to the Judge's staff attorney.
After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
An attorney requesting a hearing must notify the Commissioner’s office; the Commissioner then sets the hearing 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 Commissioner's office of the request, after which the Commissioner shall fix a time and place for hearing and give written notice thereof to the parties.
Page 22 | C. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
During regular business hours, the authorized agency or officer must present a petition to Judge Hellard, or follow the stated sequence of alternate judges if she is unavailable.
Upon receipt of a petition during regular business hours, the authc rized agency/officer shall present the petition to the following: Judge S. Marie Hellard, Family Court Judge, or if unavailable, then to either of the District Court's Judges, Judge Donna Dutton, or Judge J.R. Robards. If neither of the District Court's Judges are available, then same shall be presented to Judge Charles Hickman, Judge of the Circuit Court.
Page 3 | II. Twenty-four Hour Accessibility
After regular business hours, the authorized agency or officer must present a petition to Judge Hellard, or follow the stated sequence of alternate judges if she is unavailable.
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Judge S. Marie Hellard, Family Court Judge, or if unavailable, then to either of the District Court's Judges, Judge Donna Dutton, or Judge J.R. Robards. If neither of the District Court's Judges are available, then same shall be presented to Judge Charles Hickman, ludge of the Circuit Court.
Page 3 | II. Twenty-four Hour Accessibility
Zoom requests for Circuit and District Court should be directed to the Judge's Office.
Note: Zoom requests for Circuit and District Court should be made directly to the Judge's Office.
Page 1 | Court Schedule
Attorneys scheduled for a motion hour must ascertain whether the Court has canceled or rescheduled it.
It is the obligation of attorneys scheduled to appear at a given motion hour to ascertain whether the motion hour has been canceled or rescheduled by the Court.
Page 14 | G. Docketing and Appearances
Before recommending diversion, the Commonwealth must obtain a criminal record check by contacting AOC Pretrial Services by telephone or fax and must not send the request to the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-2350, or faxing the request to (502) 573-1669. [DO NOT send requests to the local Pretrial Services Officer.
Page 31 | III. Procedure
People seeking case records may call or visit the Circuit Court Clerk's office.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Petitioners seeking to initiate contempt proceedings should contact Shelby Circuit Court Clerk Lowry Miller at 502-633-1287.
Petitioners seeking to initiate contempt proceedings should contact: In Shelby County, contact Lowry Miller, Shelby Circuit Court Clerk, 502-633-1287
Page 4 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact Anderson Circuit Court Clerk Pam Robinson at 502-839-3508.
Petitioners seeking to initiate contempt proceedings should contact: In Anderson County, contact Pam Robinson, Anderson Circuit Cour: Clerk, 502-839-3508
Page 4 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact Spencer Circuit Court Clerk Becky Robinson at 502-477-3220.
Petitioners seeking to initiate contempt proceedings should contact: In Spencer County, contact Becky Robinson, Spencer Circuit Court Clerk, 502-477-3220
Page 4 | IV. Contempt Proceedings
Restraining-order and injunction motions are heard only by the Court and must be scheduled through the Circuit Court Judge's Office at 502-647-5234.
Motions for Restraining Orders and Injunctions shall only be heard by the Court. Those motions shall be scheduled through the Circuit Court Judge's Office (502-647-5234).
Page 12 | RULE 5 — PROCEDURES IN REGULAR CIVIL CASES; MOTIONS IN CIVIL CASES; D. Form of Motion