Trimble County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements5 rules
A. Pursuant to FCRPP 15, to the extent not otherwise specified, any order entered in a dependency, neglect and abuse action shall be on the appropriate AOC forms.
- Order
Formatting
- •Use the appropriate AOC form, except to the extent otherwise specified
A pretrial memorandum ordered by the Court must use the form supplied with the order setting pretrial deadlines.
Court's wording
Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.
(e) Motions for Judgments and Orders of Sale shall be substantially in the form appended herein.
The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.
- Response
Formatting
- •Any response by the Commonwealth to the motion is in writing
Document Filing Requirements99 rules
An agreement reached at mediation must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.
Court's wording
Ifan agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent ofthe parties,
The mediator must report the mediation’s status and whether an agreement was reached; with the parties’ consent, the mediator may also identify matters that could facilitate settlement.
Court's wording
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 . With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility ofa settlement .
B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FAMILY COURT CASE NO.:_
The Petition shall be filed pursuant to KRS Chapter 199, and, in accordance with FCRPP 30 and 31, a guardian ad litem (GAL) shall be appointed for the child(ren) unless the provisions of KRS 199.480(3) are met.
and every petition for termination of parental rights shall comply with the requirements for termination of parental rights cases as set out in KRS 625.020 et seq.
Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490;
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.
Any Petition for adoption with consent shall be filed pursuant to KRS 199.470, 199.490, 199.500 and FCRPP 31.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
- Document
- Final hearing paperwork
Must include
- •Proposed order
Any expenses paid by the prospective adoptive parents) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parents) along with a tendered order approving expenses.
An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.
The Petition shall be filed pursuant to KRS 199.470, 199.490, 199.502, and FCRPP 31.
In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).
A parent's request for counsel in an involuntary termination action must be supported by an affidavit of indigency.
Court's wording
Whenever a parent in an action for involuntary termination of parental rights request an appointment of counsel, supported by an affidavit of indigency, the Clerk shall bring the court any related Dependency Neglect and Abuse file(s).
Every petition in a Termination of Parental Rights action shall comply with the requirements set forth in KRS 625.020 et. seq.
A domestic violence order petition must conform to KRS 403.725.
Court's wording
B. Each petition for a domestic violence order shall conform with the requirements of KRS 403.725, and each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.
A petition for a DVO or IPO must be verified.
Court's wording
A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.
An attorney seeking access to a paternity file for representation must submit a signed written request stating the reason, or may use a party’s notarized release; the Clerk grants access after a judge signs an authorizing order.
Court's wording
A. An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request. In the alternative, a party to a paternity action may sign a notarized release authorizing an attorney to review and/or copy his/her paternity case file. After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.
A party seeking approval of an agreement establishing paternity for a person outside the marriage must submit Form VS-8C.
Court's wording
In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).
Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.
An emergency-custody request must be written and accompanied by an affidavit containing the contents of AOC-DNA-2.1 and alleging dependency, abuse, or neglect; the affidavit and other documentation must be presented to the judge when the request is filed, though the official form may be used.
Court's wording
A. Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule.
Before seeking an ECO, the petition must be reviewed by the appropriate CHFS office and County Attorney, and a copy must be provided to the person seeking the ECO.
Court's wording
1. Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12" Judicial Family Court Rule 603 below. A copy shall also be provided to the person seeking the ECO.
Petitions must comply with FCRPP 19 and contain the contents of the official AOC-DNA-1 petition form.
Court's wording
All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.
A petition must include the AOC-DNA-1 form contents, jurisdictional statutes and factual allegations, complete parent contact information, and diligent efforts to locate the parents, including contacting the County Attorney's Child Support Division.
Court's wording
Any petition filed with this Court shall contain: The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and Full information concerning the child's parents and their addresses), email addresses), and phone numbers). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.
In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.
The Dispositional Report shall be submitted on form AOC-DNA-12.
Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.
Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.
No Entry and Appearance shall be signed prior to filing of a petition.
A Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form shall be filed with any dissolution petition.
Attorneys may sign for their clients but must state on the signature line the method of authority.
- Placement
- Signature block
All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.
When settlement resolves issues set for hearing or trial, the parties must file notice that may be included in their Agreed Order.
Court's wording
If the parties reach a settlement resolving issues to be hear at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222- 2490 to remand the motion from the Court's docket. The notice to the Court to remand may be contained in the Agreed Order of the parties.
Preliminary Verified Disclosure Statements are required of both parties whenever one or both parties are unrepresented by counsel.
Final Verified Disclosure Statements shall be filed in the record without attachments.
All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.
Final Proof in a Dissolution matter shall be submitted to the Court upon a joint written motion, with necessary proof, that is sufficient to prove the statutorily require facts.
A mediation agreement must be written and signed by the parties and their counsel; the parties draft it, though the mediator may assist if asked.
Court's wording
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties and their counsel. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement at the request of the parties.
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
In addition, all pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
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 filed paper
Must include
- •Case number
A Family Court Case Data Sheet must be fully completed in all cases.
Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court
Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)
3. Issues not identified in the Pretrial Memorandum shall not be heard except upon good cause shown.
The pretrial submissions must include a court-form memorandum outlining disputed issues, a witness list, and an exhibit list.
Court's wording
a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.
The parties must file and exchange all documents required by the applicable rules, including final disclosure statements, by those rules’ deadlines.
Court's wording
7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.
4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.
Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
Counsel must remain of record through the notice-of-appeal period unless relieved by the Court on written motion and notice; the Court may permit an oral withdrawal motion for good cause if the litigant's interests are not adversely affected.
Court's wording
Withdrawal: Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.
Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.
Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.
Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.
Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.
Any withdrawal or remand of motions shall be made by the filing party directly to the Court and the Clerk.
The listed motions must be accompanied by a memorandum of authority.
Court's wording
Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.
The Court may require trial briefs and set their filing time; a party making a damages claim must include an itemized statement of damages and amounts claimed in its trial brief.
Court's wording
In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs. Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.
(a) An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.
c. At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;
Filing & Service rules
Electronic Filing Rules
The Clerk may not accept faxed pleadings without prior approval from the Family Court Judge.
The Clerk is instructed not to accept faxed pleadings unless prior approval by the Family Court Judge.
Page 4 | 205 Faxed Pleading
All pleadings must be filed in accordance with the civil procedure rules and applicable Supreme Court electronic-filing rules.
6.2 Electronic Filing: All pleadings shall be filed in accordance with the Rules of Civil Procedure and in accordance with the applicable Supreme Court Rules requiring electronic filing.
Page 8 | 6.2 Electronic Filing
Pleadings may not be delivered to the Circuit Clerk or the Court by facsimile.
No pleadings shall be delivered to the Circuit Clerk or the Court by facsimile.
Page 8 | 6.2 Electronic Filing
Parties may file motions through the e-filing system, and motions filed in compliance with its protocol are deemed properly filed.
This Rule in no way precludes a party from filing motions in compliance with the e-filing system. Motions filed in compliance with the e-filing protocol shall be deemed properly filed.
Page 9 | Courtesy Copies
Filing Timing and Cure Windows
Motion filings are due by 4:00 P.M. when filed in person and by 11:59 P.M. when e-filed.
B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule:
Page 4 | 203 Deadline for Serving and Filing Motions
If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 P.M. on the prior business day.
C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.
Page 4 | 203 Deadline for Serving and Filing Motions
Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.
D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.
Page 4 | 203 Deadline for Serving and Filing Motions
For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.
For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.
Page 4 | 203 Deadline for Serving and Filing Motions
Reports from CHFS or other agencies must be filed within 90 days after the petition is filed.
Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.
Page 5 | B. Reports
Final hearing paperwork and proposed orders must be tendered to the Court 14 days before the hearing, unless the Court orders otherwise.
Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.
Page 5 | 302 Orders Setting Final Hearing
The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.
In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.
Page 7 | 310 Involuntary Termination of Parental Rights
The listed motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion’s Certificate of Service.
The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: Motion for Appointment of Guardian ad Litem Motion to Request for Approval of Guardian ad Litem fee Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 4. Motion to Submit to DNA testing.
Page 8 | 501 Motion Practice
The listed motions must be noticed for motion hour and filed seven days before the requested date.
The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: 1. Motion to Establish Child Support 2. Motion to Establish Parenting Time 3. Motion to Modify, Suspend, or Terminate Child Support 4. Motion to Determine Child Support Arrearage Motion for Contempt 6. Motion for Summary Judgment Motion for Judgment of Paternity.
Page 8 | 501 Motion Practice
If not filed with the emergency custody order, the petition must be filed in the same case file within 72 hours after the child is taken into custody.
If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.
Page 11
Dispositional reports must be filed one week before the dispositional hearing.
All dispositional reports) shall be filed one (1) week in advance of the dispositional hearing.
Page 12 | 608 Disposition Hearing
In dissolution matters involving minor children, the Proof affidavit or interrogatories must not be signed until 60 days have elapsed from service or the Respondent’s entry of appearance.
The Proof affidavit or interrogatories shall not be signed prior to the expiration of 60 days from the date of service or entry of appearance by the Respondent in Dissolution matters where there are minor children.
Page 14 | 702(G) Appearances, Waivers, Disclosures, Pleadings and Agreements
A completed pretrial memorandum must be filed as a legal pleading by the deadline set by the Court.
Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.
Page 16 | 705 Procedures for Obtaining a Final Trial Date
A petition must be reviewed within an hour after presentation to a judge or trial commissioner, unless their unavailability makes that impossible.
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 21 | RULE 4: DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
The pre-trial memorandum is due 14 days before the trial date.
Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)
Page 22 | Appendix B
Each party must file the listed pretrial information at least 14 days before trial.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.
Page 24 | Appendix C
An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.
6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.
Page 24 | Appendix C
Counsel must file the entry of appearance upon being retained, subject to the exception for an appearance apparent from filed pleadings.
Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.
Page 3 | 4. APPEARANCES BY COUNSEL — Entry of Appearance
The parties must comply with the deadlines in the Order Scheduling Jury Trial.
It is mandatory the parties follow the deadlines set forth in the Order Scheduling Jury Trial. See RCr 8.18(2).
Page 4 | CRIMINAL PROCEEDINGS — Pre-Trial Conferences
Motions may not be filed on the morning of trial unless the Court grants leave.
No motions may be filed the morning of the trial without leave of the Court.
Page 5 | 5.6 Jury Trials
If a case settles, notice is due by 1:00 p.m. on the two business days before the scheduled trial date.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the two (2) business days before the case is scheduled for trial if the case is settled.
Page 5 | 5.7 Settlement of Cases
The transport order for an incarcerated subpoenaed witness must be submitted at least seven days before the desired appearance.
If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.
Page 6 | Transportation of Incarcerated Defendants/Witnesses
Requests to docket a case and notices of motions must be filed at least seven days before the Motion Docket, unless the Court directs otherwise.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.
Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.
Page 9 | 6.8 Filing Deadline
If no oral argument is requested, the moving party must notify the Court that the matter is ready for final submission and adjudication by correspondence or AOC-280 within seven days after briefing closes.
If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
An opposing party has twenty days from service of the motion to file a response brief.
An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
The moving party is allowed seven days thereafter to file a reply brief.
Thereafter, the moving shall be allowed seven (7) days to file a Reply brief.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Except as provided for Judicial Sales, the listed motions must be noticed, served, and filed at least ten days before the Motion Docket hearing and must include a memorandum of authority.
Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Settlement notice is due before 1:00 p.m. on the business day before the scheduled trial.
(b) Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 11 | 6.17 Settlement of Cases
The title-search affidavit must be filed before any foreclosure action is filed.
(a) Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.
Page 12 | 8.1 Motions for Default and/or SummaryJudgment and Order of Sale
Motions for Default and/or Summary Judgment and Order of Sale must be filed at least 30 days before the noticed hearing date.
(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.
Page 13
Counsel must file motions for judgment on a defendant's cross-claims at least seven days before the noticed date for the Judgment and Order of Sale motion.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.
Page 13
The appraisal must be filed in the court record before the sale.
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.
Page 14 | 8.2 General Requirements
A party taking exception to the Report of Sale must file the exceptions within ten days after the report is filed.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
The Master Commissioner must file the sale report no later than three business days after the sale.
(f) No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.
Page 15 | 8.4
An Order of Distribution tendered 120 days after the sale must be docketed for Motion Hour and may be granted only with leave of Court for good cause.
(e) Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.
Page 16 | 8.5 Orders of Distribution
Time periods are calculated in calendar days unless otherwise specified.
Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.
Page 4 | 203 Deadline for Serving and Filing Motions
C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.
Page 8 | 402 Violations of Domestic Violence Order or Interpersonal Protective Orders
Upon notice and good cause, the Court may waive the two-business-day notice requirement for a jury-trial settlement.
Upon notice and for good cause shown, the Court may waive the requirement for two (2) business days notice of jury trial settlement.
Page 5 | 5.7 Settlement of Cases
A Motion to Enter a Guilty Plea to resolve a case may be filed at any time before trial.
At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.
Page 5 | 5.7 Settlement of Cases
The Commonwealth’s response opportunity expires within ten days after the motion is presented at the initial hearing.
The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.
Page 6 | 5.12
Either party may request oral argument within seven days after the pleadings close.
Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
Service and Proof of Service Rules
Motions in circuit actions must be served with notice on the other parties or counsel at least seven calendar days before the county's scheduled Motion Hour, unless good cause is shown.
A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be "served" with Notice to the Other Parties and or Counsel seven (7) days prior to each county's scheduled Motion Hour, except for good cause shown.
Page 3 | 203 Deadline for Serving and Filing Motions
The motion must provide notice to all necessary parties.
After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.
Page 5 | C. Hearing Dates
A copy of the order setting the pretrial date must be served on appointed counsel immediately after appointment.
A copy of the Order shall be served upon any appointed counsel immediately following appointment.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
Upon filing, the Petitioner must serve the order setting the pretrial date on the parents and GAL with the Petition and Summons.
Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.
Page 6 | 305 Involuntary Termination with Adoption — C. Pretrial Date
A copy of an approved petition must be distributed to the County Attorney's Office, and the original must be filed with the Family Court Clerk's Office.
A copy shall be distributed to the County Attorney's Office and the original shall be filed with the 12"h Judicial Family Court Clerk's Offices.
Page 11 | 603 Petition for Dependency, Neglect or Abuse
The clerk must notify the listed persons and entities of the temporary removal hearing.
The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.
Page 12 | 605 Temporary Removal Hearing
After the hearing, the petitioner must continue legal efforts to locate and notify unserved persons; those persons retain their available legal defenses.
The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.
Page 12 | 604 The Effects of Service on Only One Parent/Person Exercising Custodial Control or Supervision
The clerk must mail or provide a copy of the petition to the listed recipients no later than the business day after filing.
When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.
Page 12 | 603 Petition for Dependency, Neglect or Abuse
A person requesting the judicial order must give notice to all parties, including any child’s Guardian ad Litem.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.
Page 18 | 904 Request for Confidential Video Records
Each party must exchange the listed pretrial information at least 14 days before trial.
2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.
Page 24 | Appendix C
A copy of a motion to withdraw must be served upon the client.
with copy of said motion served upon the client
Page 4 | 4. APPEARANCES BY COUNSEL — Withdrawal
Unless the parties agree, the Commonwealth must receive appropriate notice of a motion to change bond conditions.
Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.
Page 5 | 5.9 Continuation of Bond
Requests to docket a case and notices of motions must be electronically served on opposing counsel and filed at least seven days before the Motion Docket, unless the Court directs otherwise.
Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.
Page 7 | 5.15 Filing Deadline
Except as provided for Judicial Sales, the listed motions must be served at least ten days before the Motion Docket hearing.
Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.
Page 10 | 6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings. Motions to Dismiss, Motions to Strike, and Motions under CR 12.02
In actions involving a judicial sale, all owners and taxing authorities with a claim or interest in the property must be parties and served with process.
All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.
Page 12 | 8.1 Motions for Default and/or SummaryJudgment and Order of Sale
Counsel must serve motions for judgment on a defendant's cross-claims at least seven days before the noticed date for the Judgment and Order of Sale motion.
All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.
Page 13
A party filing exceptions to the Report of Sale must serve them on all parties entitled to notice and on the Master Commissioner.
Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.
Page 15 | 8.4
The Master Commissioner must serve a copy of the sale report on each party entitled to notice.
(f) No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.
Page 15 | 8.4
Proposed Orders of Distribution must be served on non-defaulting parties and the Master Commissioner at least ten days before Motion Hour.
All proposed Orders of Distribution" shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.
Page 15 | 8.5 Orders of Distribution
When the required affidavit is provided to the Court, it must also be served on the Commissioner's Office.
(e) A party taking credit against its judgment pursuant to 8.4(d), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.
Page 15 | 8.4
The judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve all other parties.
The Judge may permit the Temporary Removal Hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties.
Page 12 | 604 The Effects of Service on Only One Parent/Person Exercising Custodial Control or Supervision
Filing Fees and Waivers
Criminal mediation is provided to participating parties at no additional cost.
(c) Criminal mediations are conducted at no additional cost to the participating parties.
Page 12 | 7.3 Criminal Matters
Courtesy Copy Requirements
Parties may send mailed or emailed copies to the Court before the hearing for information, but those copies do not count as filed until the original is received and filed by the Circuit Clerk.
Courtesy Copies: Parties may mail or e-mail to the Court prior to the hearing date for informational purposes, but mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.
Page 9 | Courtesy Copies
Sealing & Redaction Procedures
All adoption and termination of parental rights proceedings must be confidential.
All Adoption and Termination of Parental Rights proceedings shall be confidential.
Page 6 | 306 Confidentiality
Temporary Custody Orders under KRS 199.473(7) must be sealed and unavailable for inspection by anyone other than the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be sealed and not opened to inspection by persons other than the Parties to such proceedings and their counsel.
Page 6 | 307 Temporary Custody with Intent to Adopt
The Clerk’s Office must not release copies of confidential Family Court video records without a specific written order from the Family Court Judge.
The 12'h Judicial Circuit Court Clerk's Office shall not release any copies of 12"h Judicial Family Court confidential video records without a specific written order from the Family Court Judge.
Page 18 | 904 Request for Confidential Video Records
When covered filings contain statutorily required personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to the exception in paragraph B.
However, except as set forth in paragraph B below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-styled chapters, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 18 | 902 Protection of Personal Identifiers
Pleadings, documents, and exhibits in actions made confidential by statute need not be redacted; access is governed by the specified court rule and statutes.
Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by the 12"h Judicial Family Court Rule 504 and by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Page 18 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
Default-judgment motions for failure to plead or otherwise defend stand submitted upon filing and need not be noticed for motion hour, but the Court may assign a hearing if it determines one is necessary under CR 55.01.
Motions for Default Judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall stand submitted upon filing and shall not be noticed for motion hour; however, if the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned.
Page 8 | 501 Motion Practice
A County Attorney case cannot be scheduled for a hearing on the listed motions until the parties have participated in a pre-trial conference and submitted a Stipulation of Facts.
No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
When the Respondent admits paternity in a case involving the County Attorney, the parties must participate in a pre-trial conference.
In all cases involving the County Attorney in which the Respondent either files a Response admitting paternity or signs an Affidavit admitting paternity, the parties shall submit to a pre-trial conference for the purpose of simplifying the issues to be heard by the Court.
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
All parties must participate in a pre-trial conference before submitting the paternity-approval request, and a Stipulation of Facts must be filed.
All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.
Page 9 | 503 Multi-Party Affidavit of Paternity
Adjournment & Extension Requirements
If trial is rescheduled, this Trial Order and its scheduling requirements remain in effect for the new date.
8. In the event the trial is rescheduled, this Trial Order remains in effect and in all scheduling requirements contained herein shall be applicable to the rescheduled date.
Page 24 | Appendix C
A trial will not be continued unless good cause is shown in the file or on the record within 14 days of trial, or the case has been settled.
5. This trial will not be continued except for good cause shown in the file or on the record within fourteen (14) days of the trial or unless the case has been settled.
Page 24 | Appendix C
The Master Commissioner must sell the property within 90 days after referral, except for property found vacant and abandoned; the court may extend that deadline by up to 30 days upon motion and good cause shown.
(a) The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property within ninety (90) days after the date of the order of referral except that property found to be "vacant and abandoned" shall be sold in accordance with KRS 426.205. Upon Motion and good cause shown, the court may extend the deadline established by this section for a period not to exceed thirty (30) days.
Page 13 | 8.2 General Requirements
The initial pretrial conference schedule may be changed by agreement of the parties or by the Court upon request.
This scheduled may be altered by agreement of the parties or by the Court upon request.
Page 4 | CRIMINAL PROCEEDINGS — Pre-Trial Conferences
Chambers Communication Rules
After working hours and on weekends and holidays, the person seeking an ECO must contact the on-call Judge.
After working hours, and on weekends and holidays, the on-call Judge shall be contacted.
Page 10 | 602 Procedure for Emergency Custody Orders
During normal business hours, a person seeking an ECO must go to the Circuit Court Clerk's office to request the order.
2. During the normal business hours, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office to request an emergency custody order from the Family Court Judge, Circuit Court Judge, or District Court Judge.
Page 10 | 602 Procedure for Emergency Custody Orders
When settlement resolves issues set for hearing or trial, the parties must contact Family Court staff by phone to remand the motion from the docket.
If the parties reach a settlement resolving issues to be hear at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222- 2490 to remand the motion from the Court's docket.
Page 14 | 702(H) Appearances, Waivers, Disclosures, Pleadings and Agreements
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.
Page 16 | E. Report to the Court
During regular business hours, the authorized agency or officer must present the petition to the listed judicial officers in order of availability.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Family Court Judge, District Judge, trial commissioner (Henry and Trimble counties only), or Circuit Judge in that order of availability.
Page 21 | RULE 4: DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
After regular business hours, the authorized agency or officer must present the petition to the on-call judge.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the on-call judge.
Page 21 | RULE 4: DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
If a case settles, the parties must notify the Court and Circuit Clerk before 1:00 p.m. on the second business day before trial.
Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the two (2) business days before the case is scheduled for trial if the case is settled.
Page 5 | 5.7 Settlement of Cases
Counsel for a defendant in state or federal custody must advise the Court, its Judicial Support Specialist, or the Circuit Clerk of the defendant’s name and facility location at least five days before the scheduled appearance.
In order to avoid unnecessary delays, counsel for any defendant held in state or federal custody shall advise the Court, the Court's Judicial Support Specialist, or the Circuit Clerk of name and the location of the facility where the defendant is currently held at least 5 days prior to a defendant's scheduled appearance.
Page 6 | Transportation of Incarcerated Defendants/Witnesses
If a case settles, notify the Court and Circuit Clerk before 1:00 p.m. on the business day before trial.
(b) Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the business day before the case is scheduled for trial if the case is settled.
Page 11 | 6.17 Settlement of Cases
The Circuit Clerk and Deputy Clerks may not give legal advice.
The Circuit Clerk or Deputy Clerks are prohibited by rule from giving legal advice.
Page 4 | 204 Pro Se Motions
9.4 Ex Parte Communications: With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions.
9.4 Ex Parte Communications: With the exception of actions for emergency relief, temporary restraining orders, or motions for funds for indigent criminal defendants, there should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions.
Page 16 | 9.4 Ex Parte Communications
People may call or visit the circuit court clerk’s office to access case records.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
Jurors may call 502-255-3328 at any time to confirm jury trial schedules.
Jurors can call 502-255-3328 to confirm jury trial schedules at anytime.
Page 1 | Jury Service
Telephone contact information is listed for the Trimble County Family Court clerk regarding adoption, divorce, juvenile, paternity, and domestic violence matters.
Trimble County Family Court Adoption, Divorce, Juvenile, Paternity, and Domestic Violence (502)255-3213
Page 3 | B. Phone Numbers for the Court Clerks are as follows
Telephone contact information is listed for the Oldham County Family Court clerk regarding divorce and custody matters.
Oldham County Family Court Divorce & Custody (502)222-9837
Page 3 | B. Phone Numbers for the Court Clerks are as follows
Copies of the court calendar may be obtained from Family Court Staff.
Copies may be obtained from the Family Court Staff.
Page 3 | 202 Motion Hour/Dockets
Telephone contact information is listed for the Oldham County Family Court clerk regarding adoption, juvenile, paternity, and domestic violence matters.
Oldham County Family Court Adoption, Juvenile, Paternity, and Domestic Violence (502)225-0791
Page 3 | B. Phone Numbers for the Court Clerks are as follows
Telephone contact information is listed for the Henry County Family Court clerk regarding adoption, divorce, juvenile, paternity, and domestic violence matters.
Henry County Family Court Adoption, Divorce, Juvenile, Paternity, and Domestic Violence (502)845-2868
Page 3 | B. Phone Numbers for the Court Clerks are as follows
If both parties agree a hearing is necessary after the conference and stipulation, they may email the Judge's secretary for a hearing date after filing the appropriate motions.
D. After a pre-trial conference is held and Stipulation of Facts are submitted, if both parties agree that a hearing is necessary, the parties may e-mail the Judge's secretary to obtain a hearing date after filing the appropriate motion(s).
Page 9 | 502 Pretrial Conference for Cases Involving County Attorney
Monthly hearing calendars may be obtained from Family Court staff.
Monthly calendars can be obtained from the Family Court staff.
Page 21 | RULE 4: DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
The Court requests that the Master Commissioner appear and object to an incorrect proposed Order of Distribution or, alternatively, serve written notice of any error before Motion Hour.
The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.
Page 15 | 8.5 Orders of Distribution
If the parties agree in advance, either side may approach the Court only about the agreed issue, generally scheduling or bond modification.
Upon agreement of the parties in advance, and generally on issues such as scheduling or bond modification, either side may approach the Court only upon the agreed issue.
Page 16 | 9.4 Ex Parte Communications