Union County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion
- At Least 5 Days Before Hearing
Summary Judgment Motions
Adjournments
- After the report date, a case may not be continued except for good cause.
- A motion for a continuance must be made and heard before the designated report date, except for good cause shown.
- The sale date may not be rescheduled until the required information is received.
- +1 more
Request must include
Communication
Phone
Clerk
Document Format Requirements4 rules
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
All pleadings, motions, and documentation (except items of evidence) shall be typewritten.
All orders shall be prepared as separate instruments.
All orders and judgments shall be prepared as separate instruments.
Formatting
- •All orders and judgments must be prepared as separate instruments
Document Filing Requirements88 rules
All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
- Document
- Motion to compel discovery
Must include
- •Certificate of conference
Nothing shall be filed of record unless submitted for filing by an attorney of record in the case in which the filing is requested, or by a party of record who is acting prose.
A CR 78(2) motion must alert opposing counsel that it may be routinely granted ten days after filing unless an objection or response is filed.
Court's wording
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.
Personal communications between counsel, parties or any other persons shall not be filed of record except upon motion and court order permitting the same.
An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)
All motions, except those included in an answer, when served on the adverse party shall contain a date on which said motion shall be heard, which date shall not be later than the next regular motion day at which the motion could be heard.
When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.
A. At least two copies of the complaint in all civil cases shall be filed with the clerk.
A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default.
After a ruling, verdict, or judgment in a civil case, counsel for the successful party must prepare and present a conforming order or judgment endorsed “Have Seen” by counsel for all parties.
Court's wording
In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court.
If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.
The Court may grant exceptions to this rule on a case by case basis if the Commonwealth files with the Court an accompanying affidavit by the complaining witness explaining why the required information cannot be provided.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
The Deficiencies in Judgment Form must be used to notify Plaintiffs’ counsel and the Court of deficiencies when an order of sale is not approved, and to notify the Court of compliance after approval.
Court's wording
A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale. B. Following his approval the Master Commissioner shall use the Deficiencies in Judgment Form to notify the Court that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, AP Part IV, and with the Rules of the 5" Judicial Circuit.
All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court. The Master Commissioner shall examine all such orders and, following his approval, shall forward same to the Court for entry at the hearing on the party's motion seeking such order.
Orders for sale must include the specified caption, property and judgment details, party names, applicable mobile-home information, sale conditions, lien-release directive and recording references, and tax-payment directive and particulars.
Court's wording
A. Orders for the sale of property shall contain: 1. 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 2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners. 3. 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. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. 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. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. 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 and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number. No Commissioner's deed shall propose to convey the interest of any taxing authority for
The specified language concerning the purchaser's right to require an occupant to vacate and take possession must be included as language in the sale document.
Court's wording
11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."
The specified purchaser payment, bond, interest, lien, redemption, and resale terms must be included as language in the sale document.
Court's wording
10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."
B. Orders of sale shall not contain: 1. Specific dates on which the sale is to be conducted.
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.
3. The final Plaintiff's attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.
Orders of sale must not designate the auctioneer or appraisers, but may state a known reason for disqualifying an auctioneer or appraiser in that case.
Court's wording
2. 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.
The filed bid assignment must state the nature of the assignment and the assignee’s name and address.
Court's wording
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
- Document
- Summary judgment motion papers
Must include
- •Proposed order
After appearing, counsel must obtain leave to withdraw through a motion properly noticed for hearing.
Court's wording
Leave of Court shall be obtained to withdraw as counsel after an entry of appearance has been made. Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.
Pro se shock-probation motions must include the specified sentencing, incarceration, plea-offer, release-plan, and case-number information; noncompliant motions will be summarily denied.
- Document
- Shock probation motion
Must include
- •Case number
Court's wording
All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number. All motions not complying with this order will be summarily denied.
IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.
FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)
FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)
Include
- •List the source of title
FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).
FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY.
AND LIENS FORECLOSED AND EXTINGUISHED BY REASON OF THE JUDICIAL SALE, AND/OR TO LIST THE BOOK AND PAGE FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS, NUMBER WHERE EACH LIEN TO BE RELEASED IS RECORDED.
FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.
INCLUDING BILLS PURCHASED BY A PRIVATE PARTY. LOCAL RULE 12.02 (A)(9). IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.
FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).
IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.
INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)
FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)
Include
- •List the specific parties in default
RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE.
The document must state that occupants must vacate upon ten days’ written notice after the sale and include the specified possession and eviction notice.
Court's wording
OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE. THE VACATING PREMISES LANGUAGE FAILS TO INCLUDE THE FOLLOWING NOTICE: "PURCHASER MAY REQUIRE TAKE POSSESSION OF THIS PROPERTY, AND THE SHERIFF OF THE RESPECTIVE COUNTY, IS AUTHORIZED AND DIRECTED PURHCASER IS HEREBY GIVEN A WRIT OF POSSESSION, WHICH ENTITLES THE PURCHASER TO IMMEDIATELY ENTER AND THE PURCHASER." LOCAL RULES 12.02 (A)(11). TO EVICT ANY PARTY OR PARTIES TO THIS CASE OCCUPYING OR CLAIMING AN INTEREST IN SAID PROPERTY ADVERSE TO
COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE
FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).
Include
- •Proper payment option language
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well a.~ the appropriate sentence to be imposed ifthe diversion agreement is unsuccessful .
The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified restrictions on committing offenses and complying with other applicable conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533 .030(1) direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
Motions for compensation must include an affidavit stating the statutory basis for appointment, services and fee details, and whether and when the proceeding concluded.
Court's wording
Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.
B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
All pleadings shall contain the correct mailing address, email address, and telephone number of the party or attorney filing the pleading.
Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.
- Document
- Discovery motion
Must include
- •Certificate of conference
All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
A pleading, motion, or other documentation containing AI-generated material must include the specified AI certification.
- Document
- Pleading
Must include
- •AI disclosure
Court's wording
All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.
An order prepared by an attorney or self-represented party must be signed as “Tendered By” or “Prepared By” and submitted to the opposing attorney or party for a “Have Seen” signature, which does not waive objections to the order’s content.
Court's wording
Any order prepared by an attorney or pro se party shall contain a signature as "Tendered By" or "Prepared By," and be submitted to the opposing attorney or pro se party for signature as "Have Seen." By singing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court.
Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.
The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.
Movant shall state that the motion is made under CR 78(2) and this local rule.
After procedural requirements are met, the petitioner's attorney must submit proposed Findings of Fact and a Judgment of Adoption for approval before obtaining a final hearing date.
Court's wording
Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.
All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.
All motions in Paternity cases shall be filed and noticed for a hearing in accordance with Rule 201 herein.
An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file for reasons relating to representation
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
Filing & Service rules
Electronic Filing Rules
E-filing is preferred, and represented parties should use it when possible; motions may instead be filed in person or by facsimile if a hard copy is later filed within the applicable time limits.
E-filing shall be the preferred method of filing. All parties with counsel should utilize the e-filing system for all Family Court matters when possible. Motions not e-filed may otherwise be filed in person at the appropriate Clerk's office, or by facsimile so long as a hard copy is subsequently file of record, within the time limits provided for in these rules.
Civil cases
Page 9 | D
Filing Timing and Cure Windows
Motions must be filed at least seven days before the hearing; noncompliant motions are passed to the next regular motion day.
Motions must be filed at least seven (7) days prior to the day it is to be heard
Page 4 | LOCAL RULE 5 - MOTIONS
The attorneys’ written trial-readiness advice and probable trial length are due on or before the report date.
On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
A purchaser assigning its bid must file the assignment with the Clerk and Master Commissioner within one week of the sale.
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
Page 13
An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 10 days before trial.
After indictment in circuit court, and no later than 10 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. Procedure
Any response must be filed at least two days before the hearing, unless the court waives the deadline for good cause or in the interest of justice.
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
The notice form states that the motion may be granted without a hearing ten calendar days after filing unless a response or objection is filed.
This motion is submitted to the Court for decision pursuant to CR 78 and Local Rule 204. This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed.
Civil cases
Page 10 | Motions Routinely Granted
The time frames for filing a Notice of Appeal or motion to reconsider run from entry of the original order with the Circuit Court Clerk.
The time frames for filing Notices of Appeal or any motions to reconsider shall be from the date of the entry of the original order with the Circuit Court Clerk.
Civil cases
Page 11
The proposed Findings of Fact and Judgment of Adoption must be submitted for approval before a final hearing date is obtained.
Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.
Civil cases
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases
In dissolution mediations, the disclosure statement and objections must be tendered at least seven days in advance; untimely tender may result in the mediator vacating the mediation.
For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.
Civil cases
Page 16 | 703.H. Mediation
Each party must file related motions and any stipulations or agreements reached at least seven days before mediation.
Each party shall file at least seven (7) days prior to the mediation any related motions and any stipulations or agreements reached.
Civil cases
Page 16 | 703.G. Mediation
If the adverse party has not been served by the transfer date, the EPO continues and the initiating court reissues the summons for no more than fourteen days, unless the court determines a different period is necessary to protect the petitioner.
an EPO shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner.
Civil cases
Page 19 | I. Uniform Protocol for Handling Cases
A petition must be reviewed within an hour after presentation to a judge or trial commissioner, unless none is available.
Petitioners 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.
Civil cases
Page 20 | II. Twenty-Four Hour Accessibility
Petitions will be reviewed within one hour of presentation unless no judge or trial commissioner is available.
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 4 | Twenty-Four Hour Accessibility
Agreed orders, agreed judgments, and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.
Agreed orders and judgments and in forma pauperis motions may be submitted to the Court at any time and should not be placed on the Motion Day docket.
Page 6 | LOCAL RULE 8 - AGREED ORDERS AND IN FORMA PAUPERIS MOTIONS
The opposing attorney or party may file objections stating their reasons or submit an alternative order within three days after the order is filed with the Clerk.
Within three (3) days after filing of the order with the clerk, the opposing attorney or pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.
Civil cases
Page 10 | 206 Entry of Orders and Judgements
Motions must generally be filed at least seven days before the hearing, subject to the stated exceptions and possible denial or continuance if filed late.
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
Service and Proof of Service Rules
Service of written motions and notice must comply with Kentucky Rules of Civil Procedure 5 and 6.05 and applicable Kentucky statutes.
Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05.
Page 4 | LOCAL RULE 5 - MOTIONS
The movant is responsible for re-noticing motions that are passed for noncompliance.
Movant will be responsible for re-noticing said motions.
Page 4 | LOCAL RULE 5 - MOTIONS
Motions seeking an order of reference must be served on the Master Commissioner pursuant to CR 5.02 at the applicable address listed in the rule.
All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows: Stephen M. Arnett Union Co. Master Commissioner Brandi Rogers Joel C. Rich 109 S. Morgan Street Crittenden Co. Master Commissioner Webster Co. Master Commissioner P.O. Box 419 P.O. Box 361 P.O. Box 248 Morganfield, KY 42437 200 S. Main Street Marion, KY 42064 1358 U.S. Hwy. 41A South Dixon, KY 42409
Page 9 | Rule 12.01 - References to the Master Commissioner
Motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as if the Master Commissioner were 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
Page 12 | Rule 12.03 - Judicial Sales
Subsequent motions and sale-confirmation reports, including objections, must be served on a nonparty 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 13
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Page 14 | LOCAL RULE 14 -WITHDRAWAL OF COUNSEL
The Court may void participation in pretrial diversion only after a hearing and notice to the Commonwealth and the defendant, upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .
Criminal cases
Page 4 | V. Voiding a Diversion Order, A
A motion must be served at least three business days before the hearing, unless the court waives the deadline for good cause or in the interest of justice.
Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or
Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
Any response must be served at least two days before the hearing, unless the court waives the deadline for good cause or in the interest of justice.
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Civil cases
Page 6 | 203 Filing, Notice, and Service of Motions
A motion for post-judgment relief must be served on both the opposing party and any attorney of record.
Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.
Civil cases
Page 9 | F
A judge may proceed with either specified hearing despite lack of service on a non-custodial parent if diligent service efforts are established on the record, and the petitioner must continue efforts to locate and notify unserved persons afterward.
Effect of Service on Only One Parent/Person Exercising Custodial Control. The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the Petitioner has made diligent efforts to serve all parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Civil cases
Page 14 | Effect of Service on Only One Parent/Person Exercising Custodial Control
All parties must be served with notice of an attorney’s request to withdraw.
All parties shall be served with the notice of an attorney's request to withdraw.
Civil cases
Page 15 | 606 Duty of Guardian Ad Litem, Parent Attorney, and CASA Volunteer to continue
If service has not been made by the date of transfer, the initiating court must reissue the summons for up to fourteen days or as long as the court determines necessary for the petitioner's protection; further reissuance occurs as needed in the transfer court.
an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 3 | Uniform Protocol for Handling Cases
Filing Fees and Waivers
A $50 reopening fee applies to cases inactive for six months on an issue, subject to the stated Title IV-D and in forma pauperis exceptions.
Pursuant to FCRPP 14(1), a $50.00 reopening fee for cases that have been inactive for six months on a particular issue shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Civil cases
Page 13 | RULE 5 PATERNITY
Required filing fees must accompany petitions and applicable motions unless the Court permits the litigant to proceed in forma pauperis; final cost and fee allocation is determined at disposition absent agreement.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions. When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
Civil cases
Page 15 | 701 Filing Fees
The Clerk must assess additional costs for extraordinary services in applicable civil cases.
The Clerk shall assess additional costs in all applicable civil cases, pursuant to KRS 23A.200(8), CR 3.02, and the Costs and Fines section of the Circuit Court Clerks Accounting Manual.
Page 17 | LOCAL RULES 19 - ADDITIONAL COSTS FOR EXTRAORDINARY SERVICES
Payments may be made by cash, check, money order, credit or debit card, ePay, or telephone, and fees apply to card payments.
Payment options: Cash, checks/ money orders made payable to Union County Circuit Clerk, credit/debit cards, fees apply. Pay online with ePay and telephone payments.
Page 1 | Office of Circuit Court Clerk
Courtesy Copy Requirements
Copies of motions must be provided to the Court at its office at least five days before the hearing.
with copies to the Court at her office at least five (5) days before hearing.
Page 4 | LOCAL RULE 5 - MOTIONS
Copies of the summary judgment motion papers must be sent to the Judge’s office at the stated address.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Courtesy copies of all motions must be emailed to the Judge's office.
Courtesy copies of all motions shall be emailed to the Judge's office at Sthcircuitfamilycourt/@kycourts.net.
Civil cases
Page 9 | Rule 2
Sealing & Redaction Procedures
Temporary Custody Orders under KRS 199.473(7) must be sealed and may be inspected only by 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.
Civil cases
Page 11 | Rule 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
When personal identifiers are required by statute or included in covered court filings, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to 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-stated chapters, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted, and filing an un-redacted copy in a marked and sealed envelope.
Civil cases
Page 17 | Rule 9 Miscellaneous
The Circuit Clerk's Office may not release a Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.
Pursuant to FCRPP 25, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge.
Civil cases
Page 18 | 903 Video Copies of In-Chamber Interviews with Children
The Circuit Clerk's Office may not release copies of a confidential Family Court video without a specific written order, except as authorized in Paternity actions or for the specified certified public officers and employees, who may use and distribute the information only for investigation or prosecution.
The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge. Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
Civil cases
Page 18 | 904 Requests for Confidential Video Records
Juror qualification forms and their contents are confidential, subject to the stated authorized disclosures and any judicial confidentiality or use restriction; photocopies must be destroyed within a reasonable time after the jury term.
D. The contents of juror qualification forms shall be made available to the trial judge and to parties or their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part Il Section 9, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associated with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.
Page 16 | LOCAL RULE 18 - JURY SELECTION
Documents in actions deemed confidential by statute need not be redacted, and access to those files is governed by the cited 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 KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Civil cases
Page 18 | Rule 9 Miscellaneous
Pre-Motion Conference Requirements
A CR 78(2) motion may be routinely granted ten days after filing unless an objection or response is filed.
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
Page 5 | LOCAL RULE 5 - MOTIONS
A motion to compel discovery compliance must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
Page 5 | LOCAL RULE 5 - MOTIONS
Opposing memoranda may be submitted within 30 days, with 15 days allowed for reply; afterward, the motion stands submitted.
Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Before moving to compel discovery, counsel must confer or correspond with opposing counsel and be unable to resolve the dispute without a hearing.
Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.
Civil cases
Page 9 | G
An opposing party who wants an oral hearing must say so and notice the motion for the following motion day.
If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day.
Civil cases
Page 10 | Motions Routinely Granted
In the stated foreclosure and combined default-judgment circumstances, the Court waives the 30-day response requirement for answering defendants when there is no real issue.
EXCEPTION: In cases involving a foreclosure action where there is also a combination motion for Default Judgment against the Debtor, the Court will waive the 30 day response requirement for those who have filed an answer but there is no real issue. For example, Counties and Cities who have been named as Defendants due to outstanding taxes or institutions that have superior liens.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
A party may request oral argument, which the Court will consider, and the Court may request oral argument on its own.
The Court will consider any party's request for oral argument or may request same on its own.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Adjournment & Extension Requirements
After the report date, a case may not be continued except for good cause.
After the report date, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
A motion for a continuance must be made and heard before the designated report date, except for good cause shown.
Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
The sale date may not be rescheduled until the required information is received.
THE SALE DATE CANNOT BE RESCHEDULED UNTIL THIS INFORMATION IS RECEIVED.
Page 18 | DEFICIENCIES IN JUDGMENT
A party unable to attend must immediately notify the moving party and try to agree on a hearing time; if unsuccessful, the party must immediately file a written continuance motion stating the reasons and send a copy to Family Court, subject to the stated judicial discretion and FCRPP 21 requirement.
Any attorney or pro se party who will be unable to be present at the time scheduled in the motion shall immediately notity the moving attorney or pro se party and attempt to establish a mutually agreeable time for hearing the motion. If unsuccessful, the party seeking continuance shall immediately file a motion for continuance in writing, state the reasons for the continuance, and shall send a copy directly to the attention of the Family Court, as well as filing the motion with the Clerk. Any motion for continuance in a dependency, neglect, or abuse matter shall comply with the requirements of FCRPP 21. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance and may require the hearing to proceed even if the parties agree to the continuance.
Civil cases
Page 10 | Continuance of Motions
Chambers Communication Rules
When a party prepares one of the listed judicial-sale documents because the case facts make that necessary or desirable, the party or attorney must coordinate its preparation with the Master Commissioner.
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.
Page 12 | Rule 12.03 - Judicial Sales
Before recommending diversion, the Commonwealth must obtain a criminal-record check by calling or faxing Pretrial Services at AOC and must not send the request to the local Pretrial Services Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . DO NOT send requests to the local Pretrial Services Officer.
Criminal cases
Page 3 | D
Parties are responsible for keeping the Court informed of address changes.
It is the responsibility of the parties to keep the Court apprised of any address changes.
Civil cases
Page 9 | F
The completed, sworn petition must be presented immediately to the Family Court Judge, with alternate judicial officers in the circuit or a surrounding county authorized when the specified officials are unavailable.
The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5h Judicial Circuit. If not available, the petition may be presented to any trial commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5" Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.
Civil cases
Page 12 | Rule 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
After the stated working hours and on weekends, DCBS or the responding police agency must contact a Family Court or District Court Judge about an emergency custody order.
After working hours, 5:00 p.m. to 8:00 a.m. Monday through Friday, and on weekends, the Family Court Judge or the District Court Judge shall be contacted by DCBS or the responding police agency.
Civil cases
Page 14 | 601 Procedure for Emergency Custody Orders
During the stated weekday working hours, people seeking an emergency custody order must go to the local Circuit Court Clerk's office, where the Clerk contacts a Family Court or District Court Judge.
During normal working hours, 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office in the County where the request is being made and the Circuit Clerk shall contact the Family Court Judge or the District Court Judge.
Civil cases
Page 14 | 601 Procedure for Emergency Custody Orders
Outside regular Circuit Court Clerk business hours, a person seeking protection should contact a sworn peace officer or the county attorney to obtain a domestic violence petition.
At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace officer (local city police, sheriff's office or the state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
Page 3 | Twenty-Four Hour Accessibility
A person seeking an emergency protective order should go to the county Circuit Court Clerk's Office and file a domestic violence petition during the stated weekday hours.
During the hours of 8:00 a.m. - 4:00 p.m. Monday through Friday, a person who wishes to obtain an EMERGENCY PROTECTIVE ORDER should go to the Circuit Court Clerk's Office in their county and file a DOMESTIC VIOLENCE PETITION.
Page 3 | Twenty-Four Hour Accessibility
A petitioner seeking contempt proceedings should contact the clerk in the county where the protective order was entered and file a completed affidavit on form AOC 275.5.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Page 4 | Contempt Proceedings
Matters requiring evidence must be arranged with the Court for assignment to a special time.
Matters requiring presentation of evidence will be assigned a special time upon arrangement with the Court.
Page 2 | LOCAL RULE 3 - SESSIONS OF THE COURT
The clerk, an attorney of record, or a party of record acting pro se must immediately bring any question about the propriety of a filing to the Court’s attention.
Any question concerning the propriety of filing of any item shall be brought to the Court's attention immediately by the clerk or an attorney of record, or party of record acting pro-se.
Page 6 | LOCAL RULE 5 - MOTIONS
Contact the Circuit Clerk at 270-389-1811 to post a bond of $10,000 or greater.
Note: Posting of bond $10,000.00 or greater - must contact Circuit Clerk at 270-389-1811.
Page 1 | Office of Circuit Court Clerk
During the hours of 8:00 A.M. to 4:00 P.M. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition.
During the hours of 8:00 A.M. to 4:00 P.M. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition.
Civil cases
Page 12 | Rule 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace office (local city police, sheriff's office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace office (local city police, sheriff's office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
Civil cases
Page 12 | Rule 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered
Civil cases
Page 21 | III. Contempt Proceedings
If a scheduled motion day falls on a holiday, litigants should check with the clerk to determine the alternate date.
Should one of these dates fall on a holiday one should check with the clerk to determine the alternate date.
Page 2 | LOCAL RULE 3 - SESSIONS OF THE COURT
A party may fax the Master Commissioner a statement about delinquent taxes without re-filing an amended judgment and order of sale.
You may fax the Master Commissioner a statement regarding delinquent taxes, without re-filing an amended judgment and order of sale.
Page 11
A statement regarding delinquent taxes may be faxed to the judge without re-filing an amended judgment and order of sale.
YOU MAY FAX ME A STATEMENT REGARDING DELINQUENT TAXES, WITHOUT RE-FILING AN AMENDED JUDGMENT AND ORDER OF SALE.
Page 18 | DEFICIENCIES IN JUDGMENT
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
After the Family Court Judge approves the proposed orders, parties may schedule adoption hearings by email or motion.
Once approval of the proposed orders has been obtained from the Family Court Judge, parties may secure a date and time for all hearings in adoptions via email or by Motion.
Civil cases
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases