Todd County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements1 rule
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
Document Filing Requirements33 rules
In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.
The Commonwealth's Attorney shall make a recommendation to the Court in response to each petition.
When diversion is recommended, the prosecutor 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.
On pleadings, motions and in their entry of appearance, counsel shall set forth their office address, mailing address, telephone number, fax number and e-mail address.
Unless counsel specifies otherwise, an entry of appearance is considered to be for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.
Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.
Counsel must remain of record through the time to appeal after final judgment or order unless the Court relieves counsel upon written motion and notice.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.
Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.
Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.
The notice must state that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party, if there is no attorney) to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless a response is filed.
The Court will not enter a default judgment based on a summons containing the specified debt-collector language, or a tendered judgment containing such language.
Court's wording
Default Judgments will not be entered where the record indicates that the alleged default is based upon a "summons" containing language suggesting that it was issued by a debt collector or is itself an effort to collect a debt.! A tendered judgment will likewise not be entered where it contains such language.
Motions for Default Judgment must be in compliance with FCRPP 3(2), if applicable, and accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.
Tendered ex parte orders for injunctive relief shall additionally contain proposed findings of fact and conclusions of law.
Emergency or ex parte relief requires a bond with surety, an affidavit or sworn complaint establishing the specified violation and immediate irreparable harm, and the attorney's certification about notice efforts and why notice should not be required.
Court's wording
The civil rules pertaining to such matter (CR 65.01 through CR 65.05) require 1: bond with surety, 2: affidavit or sworn complaint stating that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, 3: certification by the applicant's attorney concerning the efforts, if any, which have been made to give notice and the reason supporting claims that notice should not be required.
Every tendered ex parte order shall contain blanks for the date and hour of issuance and shall define the injury and state why it is irreparable and why the order was granted without notice.
A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by
Protective-order petitions must be completed and signed on form AOC-275.1 and accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.
When diversion is recommended, the prosecutor 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.
An order for relief must not require the petitioner to take affirmative action.
Court's wording
Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving juage.
After office hours, the officer shall follow instructions given by the judicial officer in telefaxing or delivering the completed petition and order form to the judicial officer.
During regular business hours, when an action between the same parties is pending or contemporaneously filed in Circuit Court, the petition must be presented to the Circuit Judge, with specified alternatives if that judge is unavailable.
Court's wording
If any action between the same parties is pending or filed contemporaneously in the Circuit Court, the petition shall be presented to the Circuit Judge for consideration. If the Circuit Judge is unavailable, the clerk shall seek the consideration of the District Judge who shall schedule any further hearings for the Circuit Court on a motion day. If neither Judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the Circuit Court on motion day.
During regular business hours, when no proceeding between the same parties is pending or contemporaneously filed in Circuit Court, the petition must be presented to the District Judge, with specified alternatives if that judge is unavailable.
Court's wording
If no proceeding between the same parties is pending or filed contemporaneously in the Circuit Court, the petition shall be presented to the District Judge. If the District Judge is unavailable, the clerk shall seek the consideration of the Circuit Judge who shall schedule any further hearings for the domestic violence session of the District Court. If neither judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the domestic violence session of the District Court.
After regular business hours, the petition must be presented to the District Judge unless an action between the same people is pending in Circuit Court; the rule specifies alternatives if a judge is unavailable.
Court's wording
Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the District Judge unless it is known that an action between the same persons is pending before the Circuit Court, in which case it shall be presented to the Circuit Judge. If the Circuit Judge is unavailable, it shall be presented to the District Judge. If the District Judge is unavailable then it shall be presented to the Circuit Judge. If both judges are unavailable, it shall be submitted to the Trial Commissioner.
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.
If reassignment or transfer occurs the issuing Judge shall re-issue a summons until the matter may be heard by the receiving judge.
Motions concerning matters which counsel believes may not be contested may be made under CR 78(2) without oral hearings upon brief written statements of reasons in support and opposition.
divorce decrees shall comply with the requirements of FCRPP 3(1) and should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).
Petitions for protective orders may be verified (sworn) before any police officer, notary public, the County Attorney of either county or the Commonwealth Attorney.
Petitioners seeking contempt proceedings should contact the County Attorney for a determination, and motions to show cause for civil enforcement may be filed with the circuit clerk.
Court's wording
Petitioners seeking to initiate contempt proceedings should contact: The County Attorney for a determination of whether the Respondent's actions rise to the level of contempt or whether prosecution, for an offense other than a violation of the order of protection, is appropriate; however, all motions to show cause for civil enforcement may be filed with the circuit clerk.
1. Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.
Filing & Service rules
Filing Timing and Cure Windows
An eligible person may petition for pretrial diversion after indictment, but no later than five days before trial.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Criminal cases
Page 1 | III. Procedure
Counsel must file the entry of appearance immediately upon being retained, except when the appearance is apparent from the record.
Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.
Page 2 | Rule 1. INTRODUCTION and ADMINISTRATIVE PROCEDURES
File and serve responses and replies on opposing counsel at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
A CR 78(2) motion may be routinely granted ten days after filing unless a response is filed.
the motion may be granted routinely by the Court ten days after filing unless a response is filed.
Page 4 | 204. MOTIONS UNDER CR 78(2)
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 12 | Uniform Protocol for Handling Cases
An eligible person may petition for pretrial diversion after indictment, but must do so no later than five days before trial.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Page 16 | APPENDIX C — 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 | I. Uniform Protocol for Handling Cases, F
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 | I. Uniform Protocol for Handling Cases, F
A document should not be retendered to the Judge until all deficiencies listed in the Notice of Inaction have been addressed.
The document should not be retendered to the Judge until each of the deficiencies listed in the Notice Of Inaction has been addressed.
Page 5
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 2 | I. Uniform Protocol for Handling Cases, F
Service and Proof of Service Rules
A pretrial diversion petition must be accompanied by notice to the Commonwealth's Attorney.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Criminal cases
Page 1 | III. Procedure
Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check and supply a copy to the Court and the defendant.
Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.
Criminal cases
Page 2 | III. Procedure
Notice to the Commonwealth's Attorney and the defendant is required in connection with a hearing at which the Court may revoke or void diversion participation.
After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.
Criminal cases
Page 2 | V. Revocation
A copy of the motion and notice seeking to relieve counsel must be served upon the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.
Page 2 | Rule 1. INTRODUCTION and ADMINISTRATIVE PROCEDURES
Serve notices of hearing on opposing counsel at least five days before the hearing.
All notices of hearing are to be served on opposing counsel not less than five days before the hearing
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
Serve responses and replies on opposing counsel at least two days before the hearing.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
A pretrial diversion petition must be accompanied by notice to the Commonwealth's Attorney.
After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.
Page 16 | APPENDIX C — III. Procedure
The Court may grant relief from the hearing notice requirements for good cause shown.
For good cause shown, the Court may grant relief from these notice requirements.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
Pre-Motion Conference Requirements
Counsel must confer with opposing counsel about the hearing date and time.
Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
Before filing a motion for emergency or ex parte relief with the Circuit Clerk, the movant's attorney must first present the proper motion and tendered order directly and personally to a judge; telephone or facsimile communications are acceptable, and the civil rules designate alternate judicial officers if the Circuit Judge is absent from the county.
No motion for emergency or ex parte relief shall be filed with the Circuit Clerk unless a proper motion with a tendered order has been first presented directly and personally (telephone and/or facsimile communications are acceptable) to a judge by the attorney for the movant. The civil rules specify alternate judicial officers to whom the order shall be submitted if the Circuit Judge is not present in the county.
Page 6 | 207. EX PARTE MOTIONS
Adjournment & Extension Requirements
Hearings on motions exceeding 15 minutes may be continued to a special date and time.
Hearings on motions which exceed 15 minutes may be continued to a special date and time.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
Chambers Communication Rules
Schedule hearings by telephone or in person through the Judge’s office.
Hearings are to be scheduled by telephone or in person through the office of the Judge.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
Page 3 | Twenty-four Hour Accessibility, B
Counsel scheduling a hearing on a motion expected to exceed 15 minutes should notify the Court and request a special date and time.
Counsel scheduling hearings on motions expected to exceed 15 minutes should notify the Court of this fact and request a special date and time for the motion.
Page 3 | Rule 2. COURT SCHEDULING/ MOTION HOUR/ PROCEDURES FOR FILING
When an uncontested matter needs immediate attention, counsel should deliver the material directly to the Circuit Judge and request immediate action.
In the event an uncontested matter needs immediate attention, counsel should deliver the material directly to the Circuit Judge and request immediate action.
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For hearings anticipated to take more than 15 minutes, please call the judges office for a special date and time.
For hearings anticipated to take more than 15 minutes, please call the judges office for a special date and time.
Page 10 | Appendix A — Court Schedule
After the petitioner completes the form, the officer must contact a judicial officer directly by telephone.
The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.
Page 13 | II. Twenty-four Hour Accessibility
After office hours, the officer must follow the judicial officer’s instructions for telefaxing or delivering the completed petition and order form.
After office hours, the officer shall follow instructions given by the judicial officer in telefaxing or delivering the completed petition and order form to the judicial officer.
Page 13 | II. Twenty-four Hour Accessibility
If the Court declines to act on a tendered document, it may have the clerk mail counsel written notice of the reasons.
If the Court declines to take action on a tendered document, it may give written notice of the reason(s) to be mailed by the clerk to the counsel involved.
Page 5
Judicial officers may be reached by telephone 24 hours a day through each county’s emergency dispatch center.
Judicial officers may be reached by telephone on a 24 hour basis through the emergency dispatch centers in each county.
Page 13 | II. Twenty-four Hour Accessibility
Judicial officers may be reached by telephone through each county’s emergency dispatch center at any hour.
Judicial officers may be reached by telephone on a 24 hour basis through the emergency dispatch centers in each county.
Page 3 | Twenty-four Hour Accessibility, B