Court Rules

Taylor Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Memorandum
25 pgs

Courtesy Copies

Motion

  • At Least 6 Working Days Before Rule Day

Adjournments

  • A motion for a continuance must state the original trial date.
  • The response filing time may be extended on an oral or written motion showing good cause, including the motion’s length and complexity.

Request must include

Original Date

Communication

Phone
1-800-928-6381
Fax
(502) 573-1669
Phone

Chambers

Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

Merits-motion memoranda and opposing memoranda are limited to 25 pages, reply memoranda to 5 pages, and a response must be filed at least 24 hours before the noticed hearing; the response deadline may be extended on an oral or written motion for good cause.

Supporting memorandum
Up to 25 pages
Opposition memorandum
Up to 25 pages
Reply memorandum
Up to 5 pages
Applies to
  • Merits motions
  • Motion to dismiss
  • Summary judgment motions
  • Motion to strike
  • CR 12.02 motions

Court's wording

All motions which go to the merits of the case, including motions to dismiss, shall be accompanied by a brief memorandum of the grounds for the motion with motions for summary judgment, motions to strike, and motions under CR 12.02, to file a memorandum of grounds with supporting authorities may be grounds for citation of authorities relied upon, not greater than 25 pages in length. Failure memorandum of grounds and authorities shall file a response containing a denying the motion. Any party properly served with a motion accompanied by a authorities, not greater than 25 pages in length. Such response shall be filed memorandum of grounds opposing the motion, with citation of supporting Failure to file a timely response may be grounds to grant the motion, but the time at least 24 hours prior to the time specified in the notice of hearing of the motion. for filing a response may be extended upon oral or written motion for good cause supporting memorandum. The reply memorandum shall be limited to 5 pages in shown, including such factors as the length

C11LOCALRULES · p. 8
|SectionRULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Document Format Requirements4 rules

FormattingMandatory

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

Applies to
  • Protective order petition

Formatting

  • Petitions must be made on form AOC-275.1.
C11LOCALRULES · p. 23
|SectionUniform Protocol for Handling Cases
FormattingMandatory

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

Applies to
  • Petition

Formatting

  • Petitions must be made on form AOC-275.1.
C11D11DVPROTOCOL · Jan 2019 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingMandatoryCriminal cases

the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
FormattingImportant

All pages shall be numbered at the bottom center of each page.

C11LOCALRULES · p. 8
|SectionRULE 2, 204. STYLE OF PLEADINGS

Document Filing Requirements78 rules

Filing RequirementsMandatory

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

Document
Motion and correspondence

Must include

  • Case number
C11LOCALRULES · p. 8
|SectionRULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

C11LOCALRULES · p. 8
|SectionRULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

C11LOCALRULES · p. 8
|SectionRULE 2, 205. DISTRIBUTION OF ORDERS
Filing RequirementsMandatory

A motion going to the merits must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

C11LOCALRULES · p. 8
|SectionRULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Pleadings and legal papers in civil and criminal cases must use the prescribed heading at the beginning and center of the first page.

Court's wording

the beginning and center of the first page as follows: The heading of all pleadings and legal papers in all civil and criminal cases shall COMMONWEALTH OF KENTUCKY 11TH JUDICIAL CIRCUIT CIRCUIT COURT CASE NO. _ DIVISION I [or]

C11LOCALRULES · p. 8
|SectionRULE 2, 204. STYLE OF PLEADINGS
Filing RequirementsMandatory

A party properly served with a motion and supporting memorandum must file an opposing memorandum citing supporting authorities.

Court's wording

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

C11LOCALRULES · p. 8
|SectionRULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify the specified information about the parties and parental consent or termination.

Court's wording

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and the date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

C11LOCALRULES · p. 9
|Section302. ADOPTION PROCEDURES
Filing RequirementsMandatory

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

C11LOCALRULES · p. 9
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

C11LOCALRULES · p. 9
|Section302. ADOPTION PROCEDURES
Filing RequirementsMandatory

An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

C11LOCALRULES · p. 10
|Section603. VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Filing RequirementsMandatory

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

Document
Pleading motion or other filing

Must include

  • Case number
C11LOCALRULES · p. 10
|Section601. IDENTIFICATION OF COUNSEL OR PARTY REQUIRED
Filing RequirementsMandatory

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

C11LOCALRULES · p. 11
|Section701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall: Submit written instructions incorporating the parties' understanding of the issues and the law;

C11LOCALRULES · p. 11
|Section701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

All motions for default judgment must include a certificate of the amount due and a military affidavit. Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

C11LOCALRULES · p. 12
|Section703. MOTIONS FOR DEFAULT JUDGMENT
Filing RequirementsMandatory

Pretrial compliance statements must list and copy trial exhibits, address how unattached exhibits will be available for inspection, identify potential witnesses and specified expert information, state the parties' claims and defenses and legal theories, and identify issues of fact and law.

Court's wording

Provisions: Prior to the pre-trial conference, all parties shall file pre-trial 1. feasible, shall be attached to the pre-trial statement. All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; 2. listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated;

C11LOCALRULES · p. 12
|Section702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

C11LOCALRULES · p. 12
|Section702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

C11LOCALRULES · p. 12
|Section701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

C11LOCALRULES · p. 13
|SectionRULE 8. CRIMINAL
Filing RequirementsMandatory

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties.

C11LOCALRULES · p. 15
|Section911. AGREEMENT
Filing RequirementsMandatory

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.

C11LOCALRULES · p. 15
|Section910. REPORT TO THE COURT
Filing RequirementsMandatory

The adoption petition must contain the listed information, and must allege when any of that information is unknown.

Court's wording

Does the petition contain the necessary information? KRS 199.490 • Name, date/place of birth, residence, mailing address (if known) of child. Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner. • Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the cabinet/other agency/individual with custody. • Further facts necessary for location of person whose consent to adoption is required or whom KRS 199.480 requires be made a party. • If any of the above is unknown, the lack of knowledge shall be alleged.

C11LOCALRULES · p. 19
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

If yes, has the GAL filed their report as required? KRS 199.516

C11LOCALRULES · p. 19
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

A notarized consent form must be filed by the identified parents unless an applicable consent exception applies.

Court's wording

Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C11LOCALRULES · p. 25
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The petition’s “Court Action” section must indicate whether the resulting action is a domestic violence action or an interpersonal protective order action.

Court's wording

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

C11LOCALRULES · p. 25
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

The judge reviewing a petition must indicate in its “Court Action” section whether it is a domestic violence action or an interpersonal protective order action.

Court's wording

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

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatoryCriminal cases

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2) .

Filing RequirementsMandatoryCriminal cases

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

Filing RequirementsMandatoryCriminal cases

The diversion order must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation & Parole rules, and the defendant’s obligation not to offend and to comply with specified conditions.

Court's wording

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), 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.

C11PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. Order of Pretrial Diversion
Filing RequirementsMandatoryCriminal cases

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatoryCriminal cases

Eligible defendants must be asked to sign the prescribed Agreement of Participation; refusing to sign makes them ineligible to participate.

Court's wording

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them, along with other pertinent information, to the Mental Health Court team before the next scheduled appearance.

Court's wording

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 7
|SectionSection 7. Transfer of Case to Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the official record by the circuit clerk.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the judge agrees with the termination recommendation, staff must file a written Affidavit of Violations on the prescribed form requesting termination.

Court's wording

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 12. Voluntary Termination
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the official record by the circuit court clerk

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

C11MENTALHEALTHCOURT · Oct 2019 · p. 12
|SectionSection 17. Confidentiality
Filing RequirementsMandatoryCriminal cases

Mental Health Court staff must file a copy of each listed document with the appropriate court clerk for the underlying criminal offense record.

Court's wording

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

C11MENTALHEALTHCOURT · Oct 2019 · p. 13
|SectionSection 18. Filing of Mental Health Court Documents
Filing RequirementsMandatoryCriminal cases

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatoryCriminal cases

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 5
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

For an eligible defendant, staff must explain Mental Health Court and the Agreement of Participation and request the defendant’s signature on the court-prescribed form; the attorney may be present or absent.

Court's wording

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 7
|SectionSection 7. Transfer of Case to Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 12. Voluntary Termination
Filing RequirementsMandatoryCriminal cases

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.

Court's wording

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the official record by the circuit clerk.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court

Filing & Service rules

Filing Timing and Cure Windows

Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day hearing.

All motions shall be filed and clocked in the circuit clerk's office no later than 4:30 p.m. at least six (6) working days prior to the Rule Day for which such motion is to be heard.

Page 7 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

A response must be filed at least 24 hours before the hearing time specified in the motion notice.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

Page 8 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Motions in limine must be filed before the pretrial conference and will be heard at that conference.

All motions in limine are to be filed prior to the pre-trial conference and will be heard at the pre-trial conference.

Page 11 | 701. ASSIGNMENT OF CIVIL JURY CASES

All parties must file pretrial compliance statements before the pretrial conference.

Provisions: Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:

Page 12 | 702. PRE-TRIAL STATEMENT REQUIREMENTS

When no pretrial order is entered at the conference, attorneys must submit the order no later than ten days afterward.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

Page 12 | 701. ASSIGNMENT OF CIVIL JURY 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 23 | 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

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

An eligible person may apply for a pretrial diversion order after indictment, but no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

Criminal cases

Page 2 | III. Procedure

The assessment, Notice of Eligibility form, and other pertinent information must be completed and submitted to the Mental Health Court team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

Criminal cases

Page 6 | Section 5. Eligibility and Assessment

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 23 | Uniform Protocol for Handling Cases

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

Graduation should occur within 90 days after successful completion of Phase IV and must occur no later than 210 days afterward.

A Mental Health Court graduation should be held for an eligible participant within 90 days of successful completion of Phase IV of Mental Health Court as outlined above, but in no event shall a Mental Health Court graduation be held later than 210 days after successful completion of Phase IV.

Criminal cases

Page 11 | Section 14. Successful Completion of Mental Health Court

Service and Proof of Service Rules

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

Page 11 | 701. ASSIGNMENT OF CIVIL JURY CASES

Unless good cause is shown, parties in personal-injury tort actions must be prepared to exchange discoverable medical reports, medical bills, or evidence of special damages before the pretrial conference.

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall: 5. In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;

Page 11 | 701. ASSIGNMENT OF CIVIL JURY CASES

The adoption checklist requires confirmation that all parties have been properly served.

Have all parties been properly served? KRS 199.480(2)

Page 18 | ADOPTION CHECKLIST

The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 12. Voluntary Termination

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.

who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 13. Administrative Discharge

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 12. Voluntary Termination

The circuit clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 13. Administrative Discharge

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant if there is a qualifying failure to comply or make satisfactory progress.

After a hearing, with notice to the Commonwealth and to 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 a failure to make satisfactory progress .

Criminal cases

Page 3 | V. Voiding a Diversion Order

Courtesy Copy Requirements

A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day hearing.

A courtesy copy of the motion shall also be served on the Judge in whose division the case has been assigned at least six (6) working days prior to the Rule Day in which the motion is to be heard.

Page 7 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Sealing & Redaction Procedures

When personal identifiers are required or appear in filed materials, file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to authorized persons.

been redacted and filing an unredacted copy in a marked and sealed envelope.

Page 11

Documents in a participant’s Mental Health Court case file must remain confidential and may be released only as specified in Section 18.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.

Criminal cases

Page 12 | Section 17. Confidentiality

Mental Health Court proceedings must be confidential and closed unless the judge authorizes otherwise.

Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.

Criminal cases

Page 12 | Section 17. Confidentiality

Mental Health Court staffing is confidential, and non-team members may attend only in extraordinary circumstances, with the judge’s approval and after signing a confidentiality agreement.

Mental Health Court staffing shall be confidential and non-team members shall not attend absent extraordinary circumstances. If there is an extraordinary need for a non-team member to attend, upon approval by the Mental Health Court judge, the non- team member shall be allowed to attend the staffing, but only after signing a confidentiality

Criminal cases

Page 12 | Section 15. Mental Health Court Staffing

Pre-Motion Conference Requirements

Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to do so.

A motion to compel discovery, for a protective order, or for sanctions may be filed themselves the discovery dispute. Counsel has the duty to make a good faith pursuant to CR 26 and/or 37 only if counsel are unable to resolve between effort to resolve any disputes which arise in the course of discovery.

Page 8 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Adjournment & Extension Requirements

A motion for a continuance must state the original trial date.

All Motions for a Continuance shall state the date of the original trial date.

Page 8 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

The response filing time may be extended on an oral or written motion showing good cause, including the motion’s length and complexity.

Failure to file a timely response may be grounds to grant 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.

Page 8 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Chambers Communication Rules

A call to the presiding Judge’s office is required to schedule an appointed time.

shall call the office of the presiding Judge to schedule an appointed time for their

Page 7 | RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

Counsel planning to test electronic media at trial must schedule an appropriate test date and time with the Circuit Court Clerk.

Counsel shall schedule an appropriate date and time to test the use of electronic media with the Circuit Court Clerk.

Page 10 | 602. USE OF TECHNOLOGY AT TRIAL

If the parties cannot agree on a mediator or mediation service, they must notify the court so it can select one.

If the parties cannot agree, they shall notify the court, which will select a mediator or a mediation service.

Page 14 | 905. APPOINTMENT OF MEDIATOR

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 4 | IV. Contempt Proceedings

Before making a recommendation, the Commonwealth must request a criminal record check from Pretrial Services at AOC by phone 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 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer. KRS 533.252 .

Criminal cases

Page 2 | III. Procedure

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 25 | IV. Contempt Proceedings

Common questions about Taylor Circuit Court rules

Are courtesy copies required in Taylor Circuit Court?

Courtesy-copy rule applies for motions. Details: delivery at least 6 working days before rule day. A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day hearing.

View ruleSource: page 7, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

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

Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to do so.

View ruleSource: page 8, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

What page or word limits apply to memorandum in Taylor Circuit Court?

Taylor Circuit Court's rule states these limits: 25 pages; 25 pages; 5 pages. Merits-motion memoranda and opposing memoranda are limited to 25 pages, reply memoranda to 5 pages, and a response must be filed at least 24 hours before the noticed hearing; the response deadline may be extended on an oral or written motion for good cause.

View ruleSource: page 8, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

What must be included with motion and correspondence filings in Taylor Circuit Court?

The rule requires case number. Motions and correspondence must include the case number, parties’ names, date, and motion type.

View ruleSource: page 8, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

What must be included with merits motion filings in Taylor Circuit Court?

A motion going to the merits must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

View ruleSource: page 8, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

How may parties contact Taylor Circuit Court?

A call to the presiding Judge’s office is required to schedule an appointed time.

View ruleSource: page 7, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

How does Taylor Circuit Court handle sealed or redacted filings?

Process: file unredacted to clerk. When personal identifiers are required or appear in filed materials, file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to authorized persons.

View ruleSource: page 11

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

The request must include original date. A motion for a continuance must state the original trial date.

View ruleSource: page 8, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

When is a filing treated as filed in Taylor Circuit Court?

The rule states a 4:30 p.m. filing cutoff. Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day hearing.

View ruleSource: page 7, section RULE 2, 203. DEADLINES FOR SERVING AND FILING MOTIONS

What service or proof of service rules apply in Taylor Circuit Court?

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

View ruleSource: page 11, section 701. ASSIGNMENT OF CIVIL JURY CASES
Complete rules summary for Taylor Circuit Court

A call to the presiding Judge’s office is required to schedule an appointed time.

Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day hearing.

A courtesy copy of each motion must be served on the assigned Judge at least six working days before the Rule Day hearing.

Motions and correspondence must include the case number, parties’ names, date, and motion type.

A motion for a continuance must state the original trial date.

Merits-motion memoranda and opposing memoranda are limited to 25 pages, reply memoranda to 5 pages, and a response must be filed at least 24 hours before the noticed hearing; the response deadline may be extended on an oral or written motion for good cause.

A motion going to the merits must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

A party properly served with a motion and supporting memorandum must file an opposing memorandum citing supporting authorities.

A response must be filed at least 24 hours before the hearing time specified in the motion notice.

The response filing time may be extended on an oral or written motion showing good cause, including the motion’s length and complexity.

Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to do so.

The moving party must attach a certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail counsel’s resolution efforts.

Pleadings and legal papers in civil and criminal cases must use the prescribed heading at the beginning and center of the first page.

Every page must be numbered at the bottom center.

After a ruling, counsel must tender an order that accurately states the ruling, and every order must include a distribution list with the service addresses of all persons entitled to notice of entry.

Every order terminating parental rights must include a scheduling order for the 90-day and first annual case reviews.

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify the specified information about the parties and parental consent or termination.

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

When no pretrial order is entered at the conference, attorneys must submit the order no later than ten days afterward.

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

Every paper filed by counsel or a party must include the case number and the signer's typed or printed name, address, telephone number, and email address.

A rubber stamp does not qualify as a signature under this rule or CR 11.

Counsel planning to test electronic media at trial must schedule an appropriate test date and time with the Circuit Court Clerk.

A person seeking a judicial order for a child interview video must provide a written explanation identifying the requested portion and the specific purpose of the request.

When personal identifiers are required or appear in filed materials, file a redacted copy and an unredacted copy in a marked, sealed envelope; access to the unredacted copy is restricted to authorized persons.

A party may file a notice confirming delivery of a verified disclosure form without attaching the form.

A party seeking a civil jury trial date must confer with other counsel, tender a proposed scheduling order, exchange witness lists, and file the Rule 702 pretrial memoranda before the conference date in the proposed order.

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

Motions in limine must be filed before the pretrial conference and will be heard at that conference.

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall: Submit written instructions incorporating the parties' understanding of the issues and the law;

More Judges in Taylor Circuit Court

Kaelin G. Reed
Judge
Samuel Todd Spalding
Judge