Spencer County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance request for a defendant detained at the Shelby County Detention Center must be made using a Docket Pass Form and Order tendered to the Clerk by 3:00 P.M. one business day before the scheduled motion docket.
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Clerk
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Page & Word Limits2 rules
The specified motion memorandum and response are each limited to 25 pages, and the reply memorandum is limited to 5 pages.
- Supporting memorandum
- Up to 25 pages
- 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
The court heading must be centered at the beginning of the first page, with the case number centered directly below 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)
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.
proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format
- Proposed findings conclusions
Formatting
- •Microsoft Word format
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,
- Protective order petition
Formatting
- •Must be made on form AOC-275.1
Document Filing Requirements78 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.
All civil and criminal pleadings and legal papers must contain the specified court heading and a case number centered directly beneath it.
- 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
- Judge 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.
Before retained trial counsel may withdraw in a defendant's appeal, counsel must prepare and file the listed appeal documents, including applicable in forma pauperis and counsel-substitution papers.
Court's wording
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 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.
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.
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. The original Form and Order shall then be presented to the Judge for signing at the call of the 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.
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.
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.
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.
The notice of the hearing shall specify the date, time and place for the hearing.
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.
"New" counsel shall file an entry of appearance in the record immediately upon being retained.
all orders shall contain a signature line for approval of entry.
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.
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.
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.
- Document
- Default judgment submission
Must include
- •Proposed order
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.
- Document
- Default judgment submission
Must include
- •Proposed order
A default-judgment motion must be written and accompanied by an attorney certificate about service and an affidavit stating whether the defaulting party is in military service.
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.
Every motion, except as otherwise provided herein, and other than ones which may be heard ex parte, shall appear on the Motion Docket.
Orders and judgments must be attested by counsel for all parties as conforming to the ruling and presented to the Court, subject to stated exceptions; preparing counsel must attest when an exception applies.
Court's wording
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. 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.
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
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.
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.
Legal briefs or memoranda shall be filed of record in the Clerk's office.
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
An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280.
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
The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.
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.
After the exhibit-retention period expires, the Commonwealth Attorney must review the exhibits and move for the Court to determine which 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 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.
Judgments or orders directing a sale, disbursement, or deed must be submitted with the record to the Master Commissioner for certification before the Commissioner delivers them 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.
Orders or judgments directing the Commissioner to sell property or execute or deliver a deed must include the property description, parties and title information, costs and lien details, and—upon request of a creditor or mortgage holder—a directive to hire a licensed auctioneer where applicable.
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;
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.
i. Appropriate number of copies for all parties including submitting attorney and master Commissioner; and
j. Self-addressed stamped envelopes for all parties including submitting attorney.
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
Reinstatement of a judicial sale following an order to withdraw or abate same shall be made by motion and 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.
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.
An order confirming the sale must be submitted to the Court.
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.
The record must accompany requests for ex parte and temporary restraining orders delivered to the Commissioner.
Court's wording
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. The Commissioner shall then make a determination.
An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner's office.
At the end of mediation, the mediator must report in writing that the process has ended; if there is no agreement, the report must say so without comment or recommendation, and with the parties' consent it may identify matters whose resolution could facilitate settlement.
Court's wording
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. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.
The mediator shall notify the Court promptly in writing when a case is not accepted for mediation.
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.
The parties may not agree that the appeal be stayed pending the happening of some event and such relief may only be obtained upon motion and order of the Court.
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.
All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court.
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.
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.
Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage].
Duration of the diversion.
Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable).
That the petitioner have no violation of the Penal Code or the Controlled Substances Act.
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
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
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
The signed guilty-plea documents 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
For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk 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 Docket Pass Form and Order for a continuance involving a defendant detained at the Shelby County Detention Center 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 written statement identifying withheld material must be filed at the same time as the prosecutor’s file contents.
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.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers — Duty of Commonwealth's Attorney — Open File Discovery
The prosecutor’s file materials must be filed 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 — Duty of Commonwealth's Attorney — Open File Discovery
The Commonwealth must file supplemental material by the final pretrial conference; material that could reasonably have been found earlier and is filed afterward is excluded from evidence absent 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 — Duty of Commonwealth's Attorney — Open File Discovery
If no disposition agreement is reached before the defendant’s next appearance, defense counsel must submit expected written motions at the next motion hour; later motions require leave on specified grounds.
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 — Duty of Defense
Law enforcement officers must immediately provide later-received evidence to the Commonwealth’s Attorney and record the delivery, and 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 — Duty of Law Enforcement Officers
Proposed jury instructions must be tendered to the Judge’s office 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
Responses to covered Motion Hour motions 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 | 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
New counsel must file the entry of appearance immediately after being retained.
"New" counsel shall file an entry of appearance in the record immediately upon being retained.
Page 12 | MOTIONS IN CIVIL CASES — D. Form of Motion
Motions to dismiss, summary judgment motions, motions to strike, and CR 12.02 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
A response to a specified motion must be filed at least 72 hours before the noticed hearing time.
Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion.
Page 12 | MOTIONS IN CIVIL CASES — D. Form of Motion
To be heard on Motion Day, a motion must be filed with the appropriate Clerk before 4:00 P.M. on the preceding Monday in Shelby County, Thursday in Anderson County, or Friday in Spencer 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 14 | G. Docketing and Appearances
The Court must file an opinion or ruling within ninety days after entry of the order of submission 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
Counsel must submit the proposed findings and conclusions within ten days after the trial concludes.
within ten (10) days of the conclusion of the trial.
Page 15 | RULE 7 — NOTICES OF SUBMISSION
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.
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
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 | Terms and Conditions of Sale
A judicial sale may be withdrawn or abated only by motion and order before the scheduled sale.
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 | Terms and Conditions of Sale
The Master Commissioner must execute and deliver the deed within five business days after the sale is confirmed and the deed approved, once the required costs and fees or purchase price have been paid.
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 and no motion is made, the sale is deemed confirmed ten days after the report is filed, and an order confirming the sale must be submitted to the Court.
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
The Master Commissioner must file the report of sale within 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
A motion for discretionary review must be filed within 30 days after the Clerk complies with CR 77.04(2) to prevent the record from being returned 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
A statement of appeal must be filed within 30 days after the first notice of appeal is filed.
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
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.
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
An eligible person may apply for pretrial diversion after indictment, but 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
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
To obtain a duplicate grand-jury recording, defense counsel must request it orally from the Commonwealth and provide blank diskettes; if there is no response within two weeks, counsel may move the Court for the recording.
If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, defense counsel shall make an oral request for same to the Commonwealth's attorney and supply the Commonwealth with a sufficient number of blank diskettes for duplication. If the Commonwealth has not responded within two (2) weeks, defense counsel may move the Court for same.
Page 9 | N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers — Duty of Defense
Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
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
Covered motions and hearing notices must be served on opposing parties by hand delivery or facsimile, and received by opposing counsel at least 72 hours before 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
A motion seeking leave for substitution or withdrawal of counsel must provide notice 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
These specified motions must be served on the opposing party and/or attorneys 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 | 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
If the defaulting party has appeared, the motion must be on the motion docket and written notice must be served on the party or its representative at least three days before the hearing.
If the party in default has appeared in the action, the motion shall appear on the motion docket and 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
Counsel preparing an order or judgment must give the Clerk enough properly addressed, stamped envelopes to complete any service required by CR 77.04, but counsel may waive service of the order or judgment and notice of entry.
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. Counsel may waive service of any order or judgment and notice of entry.
Page 14 | RULE 6 — ENTRY OF ORDERS AND JUDGMENTS
A copy of the confirmation order 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
After setting the hearing's time and place, the Commissioner must give 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
Orders of dismissal and 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.
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
Before the Court may void participation in diversion for noncompliance or unsatisfactory progress, a hearing must occur and notice must be given to the Commonwealth and the defendant.
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
If the defaulting party has not appeared, notice of the default-judgment motion need not be given to that party.
If the party in default has failed to appear in the action, the motion need not appear on the motion docket and no notice thereof need be given the party against whom judgment by default is sought.
Page 13 | E. Default 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 is made.
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 — PRACTICE BEFORE THE MASTER COMMISSIONER; A. JUDICIAL SALES; 2. Deposit for Advertisement and Appraisal
After a proper notice of appeal is filed and any costs required by the Civil Rules are paid, the Clerk must forward the original record to the Circuit Court Clerk.
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
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
For residential sales requiring an appraisal, each appraiser's fee is $200 unless the Court orders otherwise; fees for commercial, farm, and other sales are set by the court, 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
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 in accordance with AP Part IV, Section 4-18.
The Commissioner may charge and collect a fee in accordance with AP Part IV, section 4-18.
Page 22 | B. Hearings
Sealing & Redaction Procedures
Mediation proceedings are not public records unless the Court enters them into the record.
No part of the mediation proceedings shall be considered a public record, unless entered into the record by the Court.
Page 24 | D. Confidentiality
Mediation documents and communications, except signed agreements, are confidential, generally not discoverable or otherwise disclosable, and inadmissible, subject to the stated exceptions.
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 materials may be disclosed to the extent all parties consent in writing.
There is no confidentiality and no restriction on disclosure under this rule to the extent that: a. All parties consent in writing to disclosure;
Page 24 | D. Confidentiality
Pre-Motion Conference Requirements
Counsel must make a good-faith effort to resolve discovery disputes, and may file the specified discovery motions only if they cannot resolve the dispute 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 | MOTIONS IN CIVIL CASES — D. Form of Motion
Adjournment & Extension Requirements
A continuance request for a defendant detained at the Shelby County Detention Center must be made using a Docket Pass Form and Order 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 response deadline may be extended on an oral or written motion showing good cause, including the listed factors.
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 | MOTIONS IN CIVIL CASES — D. Form of Motion
Chambers Communication Rules
Counsel must email proposed Findings of Fact and Conclusions of Law to the Judge's staff attorney.
submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email
Page 15 | RULE 7 — NOTICES OF SUBMISSION
When a hearing is requested or required, the requesting attorney must notify the 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 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
The Clerk or requesting attorney must immediately deliver ex parte and temporary restraining order requests, along with the record, to the Commissioner.
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. The Commissioner shall then make a determination.
Page 22 | C. WRIT OF POSSESSION AND ATTACHMENT PROCEDURE
The Commonwealth must obtain a criminal record check by calling AOC Pretrial Services at the stated number; requests must not be sent 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
After regular business hours, the authorized agency or officer must present the petition first to Judge Hellard, then to either District Court judge if she is unavailable, and to Judge Hickman if neither District Court judge is available.
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
During regular business hours, the authorized agency or officer must present the petition first to Judge Hellard, then to either District Court judge if she is unavailable, and to Judge Hickman if neither District Court judge is available.
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
Petitioners seeking to initiate contempt proceedings should contact Anderson County 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 County 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
Petitioners seeking to initiate contempt proceedings should contact Shelby County 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
Restraining-order and injunction motions are heard only by the Court and must be scheduled through the Circuit Court Judge's Office at the listed number.
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 | MOTIONS IN CIVIL CASES — D. Form of Motion