Trigg County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A person seeking a continuance must first immediately try to agree on a new hearing date with the moving attorney; if unsuccessful, they must immediately file a written continuance motion stating reasons, and the hearing is automatically continued under the stated scheduling conditions.
- The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
- The Plaintiff’s or Movant’s attorney must notice a stacked case that was not tried for rescheduling at the next available Motion Day in that county.
Request must include
Communication
Phone
Phone
Clerk
Phone
Chambers
Document Format Requirements1 rule
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
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.
Document Filing Requirements49 rules
There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum.
The response to any motion shall be in similar form
Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.
- Document
- Motion or memorandum
Must include
- •Proposed order
A motion to set a case for trial shall not be brought under CR 78(2).
Motions, other than for Default Judgments, shall be filed under CR 78(2) or specifically noticed for a scheduled Rule Day or arranged date. Motions which are not in compliance with one of these provisions may be considered defective and void.
A CR 78(2) motion must identify itself as filed under that rule and notify opposing counsel of the possibility of routine grant ten days after filing unless an objection or response is filed.
Court's wording
The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.
Each motion for default judgment must include a certificate or verification addressing the specified service, balance, and defendant-status matters.
Court's wording
All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.
A discovery motion must include or have appended a counsel’s certificate confirming the required efforts to resolve the dispute.
Court's wording
No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
(b) In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.
(d) Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.
The Motion must state that the Respondent has ten days to file an objection to entry of said Order.
In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.
In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).
If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit of no changed circumstances if an AOC-238 was filed.
Court's wording
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
The Court may order participation in education programs in proceedings involving minor children, and if attendance at the Parent Education Clinic is ordered, proof must accompany the Motion to Submit.
Court's wording
Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians and children to participate in a Parent’s Education Clinic and the children in a suitable education class. If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
Orders for sale must include the specified caption, property, judgment, default-party, and interest-holder information, subject to the stated conditions.
Court's wording
Orders for the sale of property shall contain: (a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number; (d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money); (e) the names of all parties who are in default; and (f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.
When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner.
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale. Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.
Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
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.
The undersigned certifies that the information contained on the attachment is true and correct.
A. The parties were married on ___________________, and separated on ____________________.
The checklist records the filing date of the preliminary disclosure and states that the final disclosure or affidavit is filed with the motion or waived under LR 702.
Court's wording
D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.
The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:
B. The Petition for Dissolution was filed ___________________.
C. The Respondent was served on or filed an entry of appearance and waiver on __________________.
G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.
If there are minor children, the checklist states that sixty days have elapsed from the earliest of the listed service or filing events.
Court's wording
H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).
The checklist states whether the parties have minor children and, if they do and are ordered to attend a required class, records that completion certificates were filed or attached to the motion.
Court's wording
E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.
F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.
J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.
L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.
I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.
K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.
Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney
The Commonwealth Attorney must respond in writing and of record, and may object, agree to the proposed diversion and conditions, or propose additional or modified conditions.
Court's wording
Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record . In his response in writing, the Commonwealth Attorney may object to any pre-trial diversion, agree to the pre-trial diversion and the conditions submitted by Defendant's attorney, or propose additional conditions or modification to the application filed by the Defendant
In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them
In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.
(e) Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06.
Uncontested matters may be submitted for the next regular Rule Day or under the 10-day rule using a Notice of Submission or Motion to Submit, in Form 1 or a similar document.
Court's wording
Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).
However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.
In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.
The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows:
The preferred contempt procedure is to file a motion supported by a sufficient affidavit or verification and submit a tendered order.
Court's wording
The preferred procedure in securing a rule for contempt is as follows: (a) A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.
An order of sale may include special sale conditions and directives about releasing liens or paying taxes, with specified recording and tax details required if those directives are included.
Court's wording
Orders of sale may contain: (a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute; (b) a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale. If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded; and (c) a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.
Orders of sale must not specify sale dates or designate the auctioneer or appraisers, although a known basis to disqualify an auctioneer or appraiser may be included.
Court's wording
Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted; or (b) designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.
If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.
The Master Commissioner normally prepares the listed documents in connection with a judicial sale.
Court's wording
The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: sale notice for advertising and posting; Commissioner's Report of Sale; Commissioner's Bill of Costs; Order of Confirmation; Order of Distribution; and Commissioner's Deed.
Filing & Service rules
Electronic Filing Rules
Attorneys and parties must comply with Kentucky Supreme Court Rules and Orders regarding electronic filing.
Attorneys and parties shall comply with Kentucky Supreme Court Rules and Orders regarding e-filing.
Page 15 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
When necessary, faxed copies may be filed and are entered upon receipt, but the original is still required and will be attached to the fax copy of record when received.
When necessary, facsimile copies and accompanying documentation will be received by the clerk and filed in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt. Upon receipt of the original, which is still necessary to file, the clerk will attach it to the fax copy already of record.
Page 15 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Filing Timing and Cure Windows
Motions must be filed by 4:00 p.m. at least seven calendar days before Rule Day; absent extraordinary circumstances and prior court approval, later-filed motions are heard on the next month’s Rule Day.
The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.) Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.
Page 9 | RULE 204. MOTION PRACTICE — (1) Deadline for filing motions
Responses must be filed with the Clerk at least two days before the hearing and properly served on opposing counsel or an unrepresented party entitled to notice.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.
Page 9 | RULE 204. MOTION PRACTICE — (4) Brief Statement of Motion
A post-judgment motion must be filed under the ten-day rule, unless it is noticed for the next regular Rule Day after filing.
(e) Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.
Page 14 | RULE 206. PRETRIAL CONFERENCES — Criminal Cases
The required disclosure or permitted affidavit must be filed no later than five days before trial.
No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.
Page 17 | RULE 702. UNCONTESTED MATTERS.
The Respondent must file an objection within ten days after service of the Summons, Petition, and Motion to prevent entry of the Status Quo Order.
If no objection is filed within ten (10) days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.
Page 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
Immediately after a judicial sale, the Master Commissioner must report to the Court, after which the Clerk gives notice and the report lies over under CR 53.06.
Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.
Page 22 | RULE 10. MASTER COMMISSIONER PRACTICE; RULE 1003. JUDICIAL SALES
Matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.
Page 23 | RULE 11. DISTRICT COURT
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 27 | G. The court shall review a petition
Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless none is available.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 28 | III. Twenty-four Hour Accessibility
A default Motion to Submit is subject to the stated conditions, including no answer or pleading, the applicable service and waiting period, service of the motion at the Respondent’s last known address, and the Respondent not being on active military duty.
M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.
Page 31
Time is computed under CR 6.01, with three additional days added when service is by mail under CR 6.05.
Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.
Page 12 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Facsimile copies and accompanying documentation are entered when received by the clerk.
When necessary, facsimile copies and accompanying documentation will be received by the clerk and filed in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt.
Page 15 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
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 27 | G. The court shall review a petition
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 27 | G. The court shall review a petition
Service and Proof of Service Rules
Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods specified in CR 5.02, including CR 5.02(2) for e-filing.
Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02. In the event of e- filing, counsel shall comply with the methods defined in CR 5.02(2).
Page 9 | RULE 204. MOTION PRACTICE — (2) Motion Service
Responses must be properly served on opposing counsel or an unrepresented party entitled to notice.
The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.
Page 9 | RULE 204. MOTION PRACTICE — (4) Brief Statement of Motion
A written motion for continuance must be served on opposing counsel.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.
Page 10 | RULE 204. MOTION PRACTICE — (7) Continued Motions
Post-judgment motions, including in family cases, must be served on the opposing party in addition to any other required service.
Motions for post-judgment relief, including family cases, shall be served upon the opposing party, in addition to any other required service.
Page 12 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
A motion to withdraw as attorney must be served on the client in addition to any other required service.
A motion to withdraw as attorney shall be served on the client, in addition to any other required service.
Page 12 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Discovery material must be filed and/or served in compliance with CR 5.06.
(c) Discovery material will be filed and/or served in compliance with CR 5.06.
Page 13 | Discovery Requests
The clerk must include a copy of the Motion with the Summons and Petition for service.
The clerk shall include a copy of the Motion for service with the Summons and Petition.
Page 17 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
A Respondent who files a motion for a Status Quo Order must give notice of the motion to the Petitioner without the clerk's assistance.
However, the Respondent must provide notice of the motion upon the Petitioner without assistance of the clerk.
Page 18 | RULE 704. STATUS QUO ORDERS, FCRPP 2(5).
A contempt rule may not be heard until at least seven days after it is issued and served, must be served under CR 5.02, and must be served on both counsel and the party if the opposing party remains represented, unless otherwise ordered.
The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.
Page 19 | RULE 709. CONTEMPT PRACTICE.
All motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as though the Commissioner had appeared as a party.
All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.
Page 22 | RULE 10. MASTER COMMISSIONER PRACTICE; RULE 1003. JUDICIAL SALES
If a nonparty purchases the property, subsequent motions and reports about confirming the sale, including objections to the Commissioner's Report, must be served on the purchaser under CR 5.02.
When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
Page 22 | RULE 10. MASTER COMMISSIONER PRACTICE; RULE 1003. JUDICIAL SALES
When a related dissolution or custody matter is pending in another district, the initiating court must reissue the summons for up to fourteen days if service has not been made by transfer, or for a period the court deems necessary to protect the petitioner; the transfer court reissues it as needed thereafter.
If it is discovered there is a pending dissolution or custody matter in another district, an emergency protective order shall continue and the summons shall be reissued by the initiatin.g court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines it necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 27 | F. Domestic violence cases
The form's certificate of service states that a true copy was served by prepaid regular mail to the listed recipient.
CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________
Page 29 | APPENDIX 2: FORM 1 & FORM 2
In a default case, a copy of the Motion to Submit must be served on the Respondent at the Respondent’s last known address.
M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.
Page 31
Every pre-trial diversion application must be served upon the Commonwealth Attorney.
Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney
Criminal cases
Page 3 | 3. Procedure
When propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers.
(a) In propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with LR 205(3)(b) below.
Page 13 | Discovery Requests
As an alternative contempt procedure, a simple motion may be used with notice to opposing counsel and the opposing party for a specified day.
An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.
Page 19 | RULE 709. CONTEMPT PRACTICE.
Filing Fees and Waivers
After a private party obtains a venue change or transfer, that party must advance the postage costs to the appropriate clerk before the record is mailed.
When venue is changed or a case transferred on motion of a private party, after entry of the Order, the party requesting the venue change or transfer must advance to the appropriate circuit clerk the postage costs for sending the record to the appropriate new circuit clerk. The record will be mailed upon receipt of payment by the appropriate clerk.
Page 15 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Fines or fees may be paid by cash, check, money order, credit or debit card, or online through ePay; card payments incur fees.
Payment options: Cash, check, money order, credit and debit cards (fees apply). Pay online with ePay.
Page 1 | Relative Content
In civil cases, a $50 fee is assessed for each filing-item threshold exceeded at the 51st item and each subsequent multiple of 50, collected from the Plaintiff after judgment or final order; post-judgment documents do not count.
A fee of $50.00 in civil cases in each instance in which the number of items filed surpasses 50 in number or a multiple thereof (the 51st item, 101st item, etc.) to be collected from the Plaintiff following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04. Post-judgment documents are excluded from the computation.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS.
A party requesting a civil jury trial must pay $100 for each trial day beyond four, collected after judgment or final order and reimbursed to the paying party as a recoverable court cost.
A fee of $100.00 per day for each day of a civil jury trial in excess of four (4) days, to be collected from the party requesting the jury trial following entry of the judgment or final order and reimbursed to the paying party as a recoverable court cost pursuant to CR 54.04.
Page 20 | RULE 902. EXTRAORDINARY SERVICE COSTS.
Sealing & Redaction Procedures
When filed material contains statutorily required personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, which may be accessed only by authorized persons.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support or protection matters attendant to the case, or a person authorized to view the copy by specific orders of the court.
Page 20 | RULE 901. PROTECTION OF PERSONAL IDENTIFIERS.
Filing Bundling Requirements
A Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial.
The Notice of Case Management Conference may be joined with a Motion to Set for Bench Trial (final evidentiary hearing).
Page 18 | RULE 705. CASE MANAGEMENT CONFERENCE.
Pre-Motion Conference Requirements
Before making a discovery motion in a civil case, counsel must make a good-faith effort to resolve the dispute by agreement and satisfy the required conference, impasse, and extrajudicial-efforts conditions.
Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
Page 12 | RULE 205. DISCOVERY
A Motion to Submit is decided without an oral hearing ten days after filing unless an opposing party objects or requests an oral hearing.
This Motion to Submit is brought under LR 204(10) (CR 78(2)) and will be decided by the judge without any oral hearing ten (10) days after filing, unless an opposing party files an objection or a request for an oral hearing.
Page 29 | APPENDIX 2: FORM 1 & FORM 2
Adjournment & Extension Requirements
The Plaintiff’s or Movant’s attorney must notice a stacked case that was not tried for rescheduling at the next available Motion Day in that county.
Any case that is stacked but not tried shall be noticed by the Plaintiff's attorney (or the Movant’s attorney) for rescheduling at the next available Motion Day in that county.
Page 8 | RULE 202. STACKING OF CASES FOR TRIAL OR HEARING.
A person seeking a continuance must first immediately try to agree on a new hearing date with the moving attorney; if unsuccessful, they must immediately file a written continuance motion stating reasons, and the hearing is automatically continued under the stated scheduling conditions.
An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed hearing date is scheduled or until the next regularly scheduled motion hour, whichever occurs first.
Page 10 | RULE 204. MOTION PRACTICE — (7) Continued Motions
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
The Court will normally allow a case to be continued if the trial or hearing having immediate priority before it is not settled within three business days before the scheduled trial date. “Business days” means Monday through Friday, excluding holidays.
Page 8 | RULE 202. STACKING OF CASES FOR TRIAL OR HEARING.
Chambers Communication Rules
The moving attorney must ask the Circuit Clerk to forward the file to the Court for review and action.
In addition, the moving attorney will ask the Circuit Clerk to forward the file to the Court for review and action.
Page 11 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Attorneys should check with the clerk about rescheduling Rule Days.
Attorneys should always check with the clerk regarding rescheduling of Rule Days.
Page 9 | Rule Day scheduling
In order to facilitate that within the 56th Judicial Circuit, the following steps should be taken: (a) Counsel for Petitioner will contact the Court’s administrative assistant at (270) 388-5182 to inform the Court that a case in the interest of ______________, a child, has been filed in the __________Circuit Court.
In order to facilitate that within the 56th Judicial Circuit, the following steps should be taken: (a) Counsel for Petitioner will contact the Court’s administrative assistant at (270) 388-5182 to inform the Court that a case in the interest of ______________, a child, has been filed in the __________Circuit Court.
Page 16 | RULE 302. INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
Call or visit the Office of Circuit Court Clerk to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Call the circuit judge's office to arrange hearings other than Motion & Rule Day.
Call circuit judge office for hearings other than Motion & Rule Day.
Page 1 | Court Schedule
Call the Office of Circuit Court Clerk to learn the schedule for other motions.
Circuit Court Motion & Rule Day: Second Wednesday. Circuit Civil at 9 a.m. Circuit Criminal at 1 p.m. Call Office of Circuit Court Clerk for schedule of other motions.
Page 1 | Court Schedule
The court office is open Monday through Friday from 8 a.m. to 4 p.m. and closed on weekends.
Monday 8 a.m.-4 p.m. Tuesday 8 a.m.-4 p.m. Wednesday 8 a.m.-4 p.m. Thursday 8 a.m.-4 p.m. Friday 8 a.m.-4 p.m. Saturday Closed Sunday Closed
Page 1 | Hours
Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m.
Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m.
Page 28 | IV. Contempt Proceedings
Petitioners seeking to initiate contempt proceedings should contact the circuit clerk during weekday business hours or law enforcement after office hours.
B. Petitioners seeking to initiate contempt proceedings should contact: 1. Circuit clerk - Mon - Fri, 8 a.m. to 4 p.m. 2. All law enforcement - after office hours
Page 4 | Contempt Proceedings