Warren Circuit Court

For Warren Circuit, Division III, reports for a Tuesday docket must be filed by the preceding Thursday at 9 a.m.

the preceding Thursday by 9 a.m. for a Tuesday docket;

Page 9 | E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.

For Warren Circuit, Division IV, reports for the Wednesday docket must be filed by the preceding Friday at 9 a.m.

the preceding Friday at 9 a.m. for Wednesday Docket.

Page 9 | E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.

For Warren Circuit, Division IV, reports for Monday dockets must be filed by the preceding Wednesday at 9 a.m.

Reports must be filed by the preceding Wednesday at 9 a.m. for Monday dockets

Page 9 | E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.

For Warren Circuit, Division III, reports for a Monday docket must be filed by the preceding Wednesday at 1 p.m.

Reports must be filed by the preceding Wednesday at 1 p.m. for a Monday docket

Page 9 | E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.

The Guardian ad Litem fee Motion and Affidavit must be filed at the final hearing or before the final judgment is entered.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

Page 10 | 304 Guardian ad Litem.

The required proposed findings and separate judgment must be tendered at least three business days before the Final Hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

Page 10 | 303 Judgment and Findings of Fact.

If revisions are required, the revised findings and separate judgment must be tendered within three business days after the Final Hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

Page 10 | 303 Judgment and Findings of Fact.

The Court will set the hearing date within three business days after the petition is filed.

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

Page 11

Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss must be noticed for a hearing scheduled at least 20 days after the motion’s certification date.

Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss shall be noticed for a hearing scheduled at least twenty (20) days from the certification date on the motion.

Page 12 | 502 Motion Practice

A request for hearing must be filed within seven calendar days of the date stated in the certificate of service.

and request for hearing is filed within seven (7) calendar days from the date contained in the certificate of service.

Page 13 | Rule 5 Paternity

A petition for review of an administrative order may not be filed in Warren Family Court until all administrative remedies have been exhausted.

D. Warren Family Court shall be the appropriate venue for appeals of a hearing officer's final order. No Petition for Review of an administrative order shall be filed in Warren Family Court until all administrative remedies have been exhausted. Judicial review shall be conducted in accordance with KRS 13B.150.

Page 13 | 504 Administrative Establishment of Child Support

The annual letter of intent to continue on the roster is due by August 1.

By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster.

Page 16 | 604 Guardian ad Litems/Court-Appointed Counsel.

For the specified attorney-fee procedure, the written request must allow ten business days for filing the preliminary statement or acknowledgement.

(3) Thereafter, the moving party provides the noncompliant party with a written request to file a Preliminary Verified Disclosure Statement or Preliminary Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

Page 21 | C. Contested Actions — 2. Verified Disclosure Statements

The opposing party has fourteen days to file an objection and schedule a motion to dissolve or amend the Status Quo Order.

The opposing party shall have fourteen (14) days to file an objection and schedule a motion to dissolve or amend the "Status Quo Order."

Page 21 | C. Contested Actions — 1. Status Quo Orders

If the parties do not reach agreement on any or all issues, they must file their Final Verified Disclosure Statements in the record at least ten days before the final hearing.

Subject to WFCR 703C.(2)(e), if the parties do not reach an agreement on any or all issues, the parties shall file AOC-239 Final Verified Disclosure Statements in the record no less than 10 days before the final hearing.

Page 22 | C. Contested Actions — 2. Verified Disclosure Statements

For the specified attorney-fee procedure, the written request must allow ten business days for filing the final statement or acknowledgement.

(3) Thereafter, the moving party provides the noncompliant party with a written request to file a Final Verified Disclosure Statement or Final Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

Page 22 | C. Contested Actions — 2. Verified Disclosure Statements

A scheduling order must be entered within 60 days following service of the petition on the respondent.

- a. A Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation shall be entered in every case within 60 days following service of the petition upon respondent;

Page 23 | 4. Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation

Unless otherwise agreed by the parties or ordered by the Court, the Petitioner and Respondent must file Pretrial Compliance at least 30 days before trial.

- a. At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following:

Page 24 | 7. Pretrial Compliance

The listed pretrial conference filings are due at least seven days before the conference.

- a. Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference - (1) Any pertinent motions; - (2) Any stipulations and/or agreements reached; - (3) A list of any potential witnesses, exhibits, or documents.

Page 24 | 5. Pretrial Conference

Within 60 days of appointment, the Guardian ad Litem for an incarcerated adult or the military attorney must file either an answer for the Respondent or, if applicable, a report stating that the Respondent cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense if applicable in that case.

Page 26 | 704 Guardians ad Litem and Military Attorneys

Within 60 days of appointment, the military attorney must file either an answer for the respondent or a report explaining that the attorney cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case, the military attorney is unable to present a defense on behalf of the Respondent.

Page 27 | B. Proceedings Involving Members of the Military

The updated financial disclosure statement must be filed at least five days before the mediation conference.

- 1. Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.

Page 31 | B. Preparation Required for Property Mediation

The mediator must immediately file the mediation report at the conclusion of mediation.

- 5. At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).

Page 32 | C. Duties of the Mediator

The final mediation agreement must be filed within ten business days unless the Court grants an extension.

A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.

Page 33 | H. Completion of Mediation

AOC Form 280 must be filed when an action stands submitted for adjudication.

In accordance with SCR 1.050(8), when any action stands submitted for adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Warren Circuit Clerk and Administrative Office of the Courts.

Page 34 | 902 Notice of Submission

The petition must be filed at least 72 hours after the child's birth.

Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)

Page 41 | VOLUNTARY TERMINATION OF PARENTAL RIGHTS CHECKLIST

The court must review protective-order petitions immediately, must not send petitioners away or leave them waiting for extended periods, and should review petitions within an hour of presentation unless no judge or trial commissioner is available.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Page 44 | 1. Uniform Protocol for Handling Cases

If mediation fails, the parties must move the Court to set the matter for pre-trial and trial within 10 days.

- 7. If mediation is unsuccessful, the parties shall, within 10 days of failed mediation, move the Court to set this matter for pre-trial and trial.

Page 66 | A-10

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

Page 72 | ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY CHILD SUPPORT

Respondent may file a motion for a hearing within a seven-day period.

Respondent may within a seven (7) day period file a motion for a hearing on this matter.

Page 74

A CR 78(2) motion may routinely be granted ten days after filing if no response is filed.

the motion may be granted routinely by the court ten (10) days after filing unless a response is filed .

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

A motion for a motion day must be filed and opposing parties notified by the clerk’s office closing time on the preceding Wednesday.

Each motion to be heard on a motion day shall be filed with the clerk and opposing parties, notified no later than closing time of the clerk's office on the Wednesday immediately preceding the motion day on which the motion is to be heard.

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

A contempt order may not be heard sooner than five days after service unless the court orders otherwise.

which shall not come on for hearing sooner than five (5) days from the date it is served, unless otherwise ordered .

Page 13 | RULE 500. PROCEDURES ON RULES OF CONTEMPT

Defendants must be arraigned by the first motion day for their division after the indictment or information is returned, unless there is insufficient time for adequate notice, in which case arraignment is at the following motion day or as the court directs.

All defendants who have been arrested, or otherwise notified of indictment, shall be arraigned no later than the first motion day for the assigned division following the return of the indictment or information, unless there is not sufficient time to give adequate notice of the arraignment, in which case the defendant will be arraigned the following motion day or as directed by the court.

Page 14 | Rule 602. CRIMINAL ARRAIGNMENTS

A request for coverage must be filed at least four business days before the proceeding begins.

Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof.

Page 18 | Rule 1102. REQUESTS FOR COVERAGE

A coverage request filed after the proceeding begins will not be considered.

nor will any request be considered if filed after the proceeding has commenced .

Page 19 | Rule 1103. RULINGS ON REQUESTS FOR COVERAGE

The proceeding will not be delayed to accommodate an untimely coverage request.

Under no circumstances will the proceeding be delayed to accommodate an untimely request

Page 19 | Rule 1103. RULINGS ON REQUESTS FOR COVERAGE

The statement of objections must be filed at least three business days before the proceeding begins.

A statement of objections to the coverage requested, together with the grounds therefor, shall be filed not later than three (3) business days prior to the commencement of the proceeding sought to be covered.

Page 19 | RULE 1100. ELECTRONIC MEDIA AND STILL PHOTOGRAPHY COVERAGE OF JUDICIAL PROCEEDINGS

Late requests will not be considered unless the presiding judge finds exceptional circumstances prevented timely filing and the parties consent to coverage.

Requests filed later than the time period provided will not be considered unless the presiding judge finds exceptional circumstances have prevented the filing of a timely request, and the parties consent to the coverage.

Page 19 | Rule 1103. RULINGS ON REQUESTS FOR COVERAGE

An eligible person may apply for a pretrial diversion order after indictment, but no later than 15 days before trial.

After indictment in circuit court, and no later than fifteen (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Common- wealth for entry of a pretrial diversion order.

Page 31 | Procedure

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.

Page 2 | I. Uniform Protocol for Handling Cases

Motions requiring evidentiary hearings shall be filed at least three business days

Motions requiring evidentiary hearings shall be filed at least three business days

Page 8 | C. Motions Requiring An Evidentiary Hearing. "Scheduling Conference"

If Pretrial Compliance is late, the non-complying party is subject to limits on witnesses and documents unless a written agreement is placed in the Court file, good cause is shown, or the Court grants a case-specific exception.

- b. If the Pretrial Compliance is not timely filed, unless by written agreement with opposing counsel placed in the Court file, the non-complying party, unless good cause is shown, shall be precluded on direct from calling any witness, other than the parties, and from introducing any documents. Exceptions may be granted by the Court on a case by case basis.

Page 24 | 7. Pretrial Compliance

The order will be signed if no objection is made within seven calendar days.

The Order will be signed if there is no objection within seven (7) calendar days.

Page 26 | 11. Subpoenas for Medical Records and Psychiatric or Other Privileged Records

The proposed sample schedule sets October 15, 2011, as the deadline for motions to amend pleadings; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 1. Motions to amend the pleadings shall be filed no later than October 15, 2011.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

The proposed sample schedule calls for the parties to submit to mediation to try to resolve all permanent issues by April 15, 2012; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 6. The parties shall submit to mediation in an effort to resolve all permanent issues on or before April 15, 2012.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

The proposed sample schedule requires the petitioner to identify any rebuttal experts under CR 26 by February 1, 2012; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 4. Petitioner shall identify any rebuttal experts in compliance with CR 26 by February 1, 2012.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

The proposed sample schedule requires the petitioner to identify experts under CR 26 by December 15, 2011; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 2. Petitioner shall identify experts in compliance with CR 26 by December 15, 2011.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

If mediation fails, the proposed sample schedule requires the parties to move the Court to set the matter for pretrial and trial within 10 days; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 7. If mediation is unsuccessful, the parties shall, within 10 days of failed mediation, move the Court to set this matter for pre-trial and trial.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

The proposed sample schedule requires the respondent to identify experts under CR 26 by January 15, 2012; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 3. Respondent shall identify experts in compliance with CR 26 by January 15, 2012.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

The proposed sample schedule sets March 1, 2012, as the deadline to complete all discovery, including expert depositions; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 5. All discovery, including discovery of experts by deposition, shall be completed by March 1, 2012.

Page 67 | SCHEDULING ORDER REGARDING DISCOVERY, AMENDMENT OF PLEADINGS, EXPERTS AND MEDIATION

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

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

Page 2 | I. Uniform Protocol for Handling Cases

The court must review protective-order petitions immediately, must not leave petitioners waiting for extended periods, and should review petitions within an hour of presentation to a judge unless no judge is available.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.

Page 2 | I. Uniform Protocol for Handling Cases

After regular business hours and during weekends, EPO or TIPO requests may be filed at the Edmonson County 911 dispatch office.

After the regular business and during the weekends, requests for an EPO or a TIPO may be filed at the Edmonson County 911 dispatch office located at:

Page 3 | Twenty-four Hour Accessibility

During the stated weekday business hours, an EPO or TIPO petition may be filed at the Edmonson County Circuit Court Clerk's Office.

During regular business hours (8:00 a.m. - 4:00 p.m. Monday thru Friday) a verified petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) may be filed at the Office of the Edmonson County Circuit Court Clerk located at:

Page 3 | Twenty-four Hour Accessibility

The party filing a motion is responsible for serving the motion and notice on the opposing party under CR 7.02 and 11.

The party filing said motion shall be responsible for service of said motion and notice on the opposing party pursuant to CR 7.02 and 11.

Page 8 | A. Filing Domestic Relations Motions and Notice of Hearing

If the respondent has been served, the emergency protective order must be reissued and served with a summons stating the new hearing date.

If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.

Page 12 | 403 Domestic Violence Hearings

A party with military income must provide the opposing party documentation of total pay and each allowance at least seven days before any hearing.

Any party who has income from any branch of the military shall provide to the opposing party documentation verifying his/her total pay, with each allowance specifically set forth, at least seven (7) days prior to any hearing.

Page 13 | Rule 5 Paternity

After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.

The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

Page 14 | 603 Effect of Service on only one Parent/Person Exercising Custodial Control or Supervision

Preliminary Verified Disclosure Statements must be exchanged within forty-five days of filing the petition.

Pursuant to FCRPP 2(3) and subject to WFCR 703C.(2)(b), AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged within forty-five (45) days of filing the petition, and objections thereto shall be exchanged twenty (20) days thereafter.

Page 21 | C. Contested Actions — 2. Verified Disclosure Statements

If a Status Quo Order is entered, the movant must personally serve it on the opposing party.

If a "Status Quo Order" is entered the movant shall be responsible for personal service upon the opposing party.

Page 21 | C. Contested Actions — 1. Status Quo Orders

Such releases shall contain a provision directing that any information or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

Such releases shall contain a provision directing that any information or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

Page 23 | 3. Exchange of Releases for Information and Documents

All parties must sign and return releases within ten business days after the other party submits them.

Pursuant to FCRPP 2(4) and these rules, all parties shall sign and return all releases for relevant information and documents prepared and submitted by the other party within ten (10) business days.

Page 23 | 3. Exchange of Releases for Information and Documents

All parties must receive notice and an opportunity to object before subpoenas and release orders for psychiatric or other privileged records are issued.

Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.

Page 26 | 11. Subpoenas for Medical Records and Psychiatric or Other Privileged Records

Subject to FCRPP 9, at any hearing involving child support, each party’s counsel must exchange relevant and necessary information and documentation about the listed financial and child-related expenses without formal request and as soon as practical.

Subject to FCRPP 9, at any hearing at which child support is at issue, counsel for each party, shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her client's income, any health insurance expenses covering only the children, any maintenance payments, any prior born child support payments, and any work-related child care expenses.

Page 28 | 705 Child Custody, Child Support, Parenting Arrangements and Maintenance — C. Motions for Child Support

For any child support order or modification, the moving party must mail the appropriate AOC Form-152 Uniform Child Support Order.

It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.

Page 28 | 705 Child Custody, Child Support, Parenting Arrangements and Maintenance — A. Uniform Child Support Order

A party with military income must provide the opposing party documentation of total pay, itemizing each allowance, at least seven days before any hearing.

Any party who has income from any branch of the military shall provide documentation verifying their total pay, with each allowance specifically set forth, to the opposing party at least seven (7) days prior to any hearing.

Page 28 | B. Proceedings Involving Members of the Military

The Clerk’s Office must mail copies of all orders to counsel of record or unrepresented parties and to the mediator.

Copies of all orders shall be mailed by the Clerk's Office to the attorneys of record or parties, if unrepresented, and to the mediator.

Page 31 | Mediation

A party mediating without retained counsel must notify that counsel before the mediation sessions.

while also providing notice to said counsel prior to the mediation sessions.

Page 33 | F. Counsel

Notice of a motion requesting an order for confidential video records must be given to all parties, including any child’s Guardian ad Litem.

with notice to all parties, including the child's Guardian ad Litem, if any,

Page 34 | 904 Requests for Confidential Video Records

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.

Page 46 | II. Twenty-four Hour Accessibility

If an EPO or TIPO and/or summons is issued, law enforcement must make every reasonable effort to immediately serve the Respondent personally.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

Page 46 | II. Twenty-four Hour Accessibility

The form identifies the copy recipients and specifies that the respondent is served with a copy having a blacked-out portion along with the summons.

Copies to: Court File Respondent (copy with blacked-out portion served with summons) Court Clerk in County of Petitioner's usual residence, if different Law enforcement agency/dispatch responsible for LINK entry Petitioner Local Department of Community Based Services, CHFS Law enforcement agency(ies) designated for service

Page 49 | Copies to

The contempt order form directs service on the petitioner or respondent by the Warren County Sheriff.

SERVE BY: Warren County Sheriff Petitioner/Respondent Address of Petitioner/Respondent

Page 68 | RULE OF CONTEMPT REQUIRING (PETITIONER/RESPONDENT) TO APPEAR AND SHOW CAUSE; SETTING CONTEMPT HEARING

The Sheriff's office must personally deliver the Order to the Petitioner/Respondent and return proof of service to the Court.

The Warren County Sheriff's office shall cause a copy of this Order to be served upon the Petitioner/Respondent by personally delivering same to him/her and shall make due return the Court evidencing such service.

Page 69

The order and movant's affidavit are served upon the adverse party before the order takes effect under the stated schedule.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

Page 72 | ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY CHILD SUPPORT

Motions must be served in conformance with CR 5.02 on opposing counsel or an unrepresented party entitled to notice, and may not be served through the clerk’s office mail slots.

Each motion shall be served on opposing counsel, or party not represented by counsel and entitled to notice, in conformance with CR 5 .02 . Service may not be accomplished by using the clerk's office mail slots .

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

When setting a CR 78(2) motion for hearing, the opposing party must provide proper notice to the movant and all counsel of record or any unrepresented party.

Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

An exhibit referred to in a filed paper must be filed and served on the opposing party if it is not already part of the record.

If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.

Page 12 | Rule 407. EXHIBITS TO PLEADINGS AND MOTIONS

A contempt order must be served on the person named in it by an officer authorized to serve a summons before it may be heard.

No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons.

Page 13 | RULE 500. PROCEDURES ON RULES OF CONTEMPT

Counsel representing a deceased party must serve the statement of death on all parties pursuant to the Kentucky Rules of Civil Procedure.

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

Page 17 | RULE 900. DEATH OF A PARTY

Before the Court may void a person’s participation in pretrial diversion, it must hold a hearing with notice to the Commonwealth and the defendant.

After a hearing. with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

Page 33 | Voiding a Diversion Order

If an EPO or TIPO and/or summons is issued, law enforcement must make every reasonable effort to immediately complete personal service on the Respondent.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

Page 4 | II. Twenty-four Hour Accessibility

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.

Page 4 | II. Twenty-four Hour Accessibility

Serve the respondent with a copy that has the specified portion blacked out, together with the summons.

Respondent (copy with blacked-out portion served with summons)

Page 7 | AOC-275.1 Petition/Motion for Order of Protection

An EPO/TIPO not served within six months of issuance is rescinded without prejudice.

- The EPO/TIPO was not served within six (6) months from the date of its issuance and, in accordance with KRS 403.735 or KRS 456.050 is hereby RESCINDED without prejudice.

Page 14 | ADDITIONAL TERMS OF ORDER

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes that the petitioner diligently tried to serve the other parties in time for them to prepare and participate, including by contacting the County Attorney's Child Support Division to locate an absent parent.

The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that the Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

Page 14 | 603 Effect of Service on only one Parent/Person Exercising Custodial Control or Supervision

Parties may electronically transmit documents or reports to the Cabinet and attorneys who agreed to electronic receipt, and the deputy clerk must document each transmission with the specific email address.

To facilitate more efficient processing, the parties may electronically transmit court documents or reports relating to actions from the Dependency, Neglect and Abuse docket and the Status docket, to the Cabinet for Health and Family Services, and to attorneys who have agreed to electronic receipt of such Court documents and reports, on an as needed basis, to facilitate more efficient processing. Such transmission shall be documented by the deputy clerk including the specific e-mail address.

Page 35 | 905 Electronic Distribution of Documents

The moving party may withdraw a motion after giving proper notice to the opposing party.

The moving party may withdraw its motion with proper notice to the opposing party.

Page 8 | RULE 400. CIVIL PRACTICE

Cabinet reports may be served on counsel of record by email if accompanied by proper certification; the text provides an example certification.

Cabinet for Health and Family Services' Reports may be served upon counsel of record by e-mail with proper certification such as: "This report was sent by facsimile or e-mail to _____, attorney for _____, at _____ on _____, with the signature of the Cabinet for Health and Family Services casework."

Page 9 | E. Filing Juvenile, Paternity and Domestic Violence Motions/Petitions and Scheduling. Cabinet for Health and Family Services Filing Schedule.

Upon request to the office of the Commonwealth's attorney, a defendant may procure a duplicate of any mechanical recording relating to his/her indictment pursuant to RCr 5.16. The "reasonable costs" referred to in RCr 5.16 is set at $15.00, plus the cost of the tape (or defendant may provide a good quality video tape), are all payable to the Commonwealth's attorney's office at the time the request is made.

Upon request to the office of the Commonwealth's attorney, a defendant may procure a duplicate of any mechanical recording relating to his/her indictment pursuant to RCr 5.16. The "reasonable costs" referred to in RCr 5.16 is set at $15.00, plus the cost of the tape (or defendant may provide a good quality video tape), are all payable to the Commonwealth's attorney's office at the time the request is made.

Page 15 | Rule 604. DUPLICATES OF GRAND JURY VIDEOTAPES

A removal report must be sent to the Court under seal and must not be filed in a juvenile or other court action.

If a sanction of removal from the roster is made by the committee, a written report shall be made and forwarded to the Court under seal and not filed in any juvenile action or other court action.

Page 16 | 604 Guardian ad Litems/Court-Appointed Counsel.

Personal identifiers generally require a redacted copy and a marked, sealed unredacted copy, subject to the statutory-confidentiality exception and specified access restrictions.

However, except as set forth in paragraph 2 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(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. Parties shall also tender an order sealing the unredacted copy with the unredacted copy of the pleading, document, or exhibit containing personal identifiers. See Appendix A-8. The clerk of the court shall allow the unredacted sealed copy of the pleading, document, or exhibit containing personal identifiers to be accessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel, a duly authorized employee or agent of the Cabinet for Health and Family Services involved in child support matters attendant to the case, or a person authorized to view the copy by specific orders of the court. As used in this section, "personal identifier" means a Social Security number or tax-payer identification number, date of birth, or financial account number. - 2. 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 403.135, KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.

Page 19 | 703.A.1-2

Personal identifiers of the parties and children must not be disclosed in either type of Verified Disclosure Statement or its Acknowledgement.

In accordance with KRS 403.135 and CR 7.03, the personal identifiers of the parties and children SHALL NOT be disclosed in the Verified Disclosure Statement or the Verified Disclosure Statement Acknowledgment.

Page 22 | C. Contested Actions — 2. Verified Disclosure Statements

Items in the sealed envelope may be supplied only to the listed authorized people, and violations are punishable by contempt sanctions.

ITEMS IN THIS SEALED ENVELOPE SHALL BE SUPPLIED ONLY TO A PARTY TO THE CASE, AN ATTORNEY OF RECORD IN THE CASE, A JUDGE OF THE COURT OR OTHER AUTHORIZED COURT PERSONNEL, A DULY AUTHORIZED EMPLOYEE OR AGENT OF THE CABINET FOR HEALTH AND FAMILY SERVICES INVOLVED IN MATTERS ATTENDANT TO THE CASE, OR A PERSON AUTHORIZED TO DULY COPY BY SPECIFIC ORDER OF THE COURT. VIOLATIONS ARE PUNISHABLE BY CONTEMPT SANCTIONS.

Page 62 | ORDER SEALING UNREDACTED PURSUANT TO WFCR 703A

Contested domestic relations motions requiring evidentiary hearings, except motions for Rule of Contempt, must be set for a weekly scheduling conference; for good cause, counsel or an authorized assistant may attend by telephone.

Those contested domestic relations motions requiring an evidentiary hearing, with the exception of Motion for Rule of Contempt (see WFCR 703C.(9)), shall be noticed and set for a scheduling conference during the weekly motion scheduling docket. The weekly scheduling docket in Warren Circuit, Division III, shall be each Wednesday at 1:00 p.m. The weekly scheduling docket for Warren Circuit, Division IV, shall be each Tuesday at 1:15 p.m. For good cause, counsel or counsel's authorized assistant may attend the scheduling conference telephonically, at which time the motion requiring an evidentiary hearing shall be set for evidentiary hearing.

Page 8 | C. Motions Requiring An Evidentiary Hearing. "Scheduling Conference"

Counsel or a designated assistant must be available for the Scheduling Conference; otherwise, the motion will be denied.

in advance of the scheduling hour. Failure of counsel or designated assistant to be available for the Scheduling Conference will result in the Motion being denied.

Page 9

A motion to set a case for trial must not be brought under CR 78(2).

A motion to set a case for trial shall not be brought under CR 78(2).

Page 10 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

Before filing a motion to compel discovery, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the discovery dispute and may file only if they cannot resolve it.

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

Page 11 | Rule 406. MOTIONS FOR DISCOVERY ORDERS

A Rule of Contempt hearing must be scheduled for the Motion Hour docket.

The hearing shall be scheduled for the "Motion Hour" docket, see Rule WFCR 202B.

Page 25 | 9. Motion for Rule of Contempt

Motions noticed under CR 78(2) should generally be limited to non-dispositive matters that can be decided without oral argument, though such notice may be appropriate for certain dispositive matters, such as mortgage foreclosures.

Motions noticed under CR 78(2) should be limited to non-dispositive matters which can be acted on by the court without oral argument. However, notice under CR 78(2) may be appropriate in certain dispositive matters such as mortgage foreclosures.

Page 10 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

A movant may use CR 78(2) to seek determination of a motion without an oral hearing based on brief written statements in support and opposition.

A movant may bring a motion under the provisions of CR 78(2) which makes provision for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition .

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

When the parties waive the 45-day requirement or agree to continue temporary custody beyond 45 days, all parties must agree in writing and state specific reasons showing why the waiver or continuance serves the child's best interests.

In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall agree in writing and state specific reasons why the waiver and/or continuance beyond the 45 days is necessary to serve the best interest of the child, i.e., for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.

Page 18 | 609 Continuances.

The order expires when the required hearing concludes unless the Court continues or withdraws it by a subsequent order.

The terms of this order shall expire upon the conclusion of the hearing required by KRS 403.735 or KRS 456.050 unless continued or withdrawn by subsequent order of the Court.

Page 11 | THE COURT HEREBY ORDERS

An unserved EPO/TIPO may be continued for no more than six months and expires after six months if the Respondent has not been served and the Court has not withdrawn it.

Continuance of an unserved EPO/TIPO is limited to six (6) months. If Respondent has not been served with this order and the Court has not otherwise withdrawn it, this order will expire in six (6) months, on KRS 403.735; 456.050.

Page 11 | THE COURT HEREBY ORDERS

For an extended evidentiary hearing, counsel may approach the bench at the beginning of the docket to advise the Court, and the case should be rescheduled to an appropriate date.

Counsel for either party may approach the bench at the beginning of the docket to advise the Court that an extended evidentiary hearing will be required and the case should be rescheduled to an appropriate date.

Page 12 | 403 Domestic Violence Hearings

Documents intended for filing must be filed at the Clerk's office; mailing them directly to the Judge's chambers does not constitute proper filing and they will be returned or discarded.

G. All documents intended for filing shall be filed at the Warren Circuit Court Clerk's office. Documents mailed directly to the Judge's chambers shall not be considered properly filed and will be returned to sender or discarded.

Page 6 | 101 Introduction.

If the parties cannot agree on a scheduling order, they must contact Family Court Staff to schedule a telephonic conference, allowing sufficient lead time for entry of the order within 60 days.

- c. If the parties cannot agree, they shall contact the Family Court Staff to schedule a telephonic conference for obtaining a Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation from the court, allowing sufficient lead time for entry of a Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation within the required 60 days, (FCRPP 2(6)(c));

Page 23 | 4. Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation

The mediator must not communicate ex parte with the Court, directly or indirectly, about a case, its parties, or their counsel.

- 4. The mediator shall not communicate ex parte with the Court, either directly or indirectly, regarding any case, the parties thereto, or their respective counsel.

Page 32 | C. Duties of the Mediator

After completing the petition, the officer must immediately call the on-call or covering judge for the judge’s location and present the petition for review.

Upon completion of the petition, the officer shall immediately telephone the Judge for his or her location and then present the petition to the on-call District Court Judge or other covering Judge to review the domestic violence petition or interpersonal protective petition.

Page 46 | II. Twenty-four Hour Accessibility

Counsel must notify the court at the first docket call if a hearing may take more than 15 minutes.

At the first call of the docket, counsel shall notify the court if the hearing may take more than fifteen (15) minutes.

Page 8 | RULE 400. CIVIL PRACTICE

The moving party must notify the clerk when its motion is filed pursuant to CR 78(2).

The moving party has an affirmative duty to notify the clerk that its motion has been filed pursuant to CR 78(2).

Page 9 | Rule 402. FILING AND SERVING OF MOTIONS, NOTICES OF RESPONSE

When a civil or criminal action settles, counsel must promptly notify the court.

When a civil or criminal action is settled by the parties, counsel for the parties shall promptly notify the court.

Page 16 | Rule 701. NOTICES

After completing the petition, the officer must immediately call the Judge for the Judge’s location before presenting the petition for review.

Upon completion of the petition, the officer shall immediately telephone the Judge for his or her location and then present the petition to the on-call District Court Judge or other covering Judge to review the domestic violence petition or interpersonal protective petition.

Page 4 | II. Twenty-four Hour Accessibility

Requests to use the Warren County Justice Center facilities must be made to the court administrator.

Requests to utilize the facilities of the Warren County Justice Center shall be made to the court administrator

Page 25 | RULE 1800. USE OF WARREN COUNTY JUSTICE CENTER FACILITIES

Attorneys and pro se litigants may contact the Clerk's Office to obtain current AOC or Court forms; the appendix forms are examples, and users are encouraged to use the most current forms.

E. The WFCR Appendix contains sample forms. These forms are included as examples only. It is important to use the most current forms. AOC forms are not included in the WFCR Appendix; however, attorneys and pro se litigants may contact the Warren Circuit Court Clerk's Office to obtain the most current AOC forms or Court forms.

Page 5 | 101 Introduction.

Petitioners seeking to initiate contempt proceedings are advised to contact the Warren Circuit Court Clerk's Office at the listed address.

B. Petitioners seeking to initiate contempt proceedings should contact: Warren Circuit Court Clerk's Office 1001 Center Street Bowling Green KY 42101

Page 47 | IV. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Warren Circuit Court Clerk's Office at the stated address.

- B. Petitioners seeking to initiate contempt proceedings should contact: Warren Circuit Court Clerk's Office 1001 Center Street Bowling Green KY 42101

Page 5 | IV. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Edmonson Circuit Court Clerk's office.

Petitioners seeking to initiate contempt proceedings should contact the Edmonson Circuit Court Clerk's office at 110 West Main Cross Street, Brownsville, Kentucky 42210.

Page 4 | Contempt Proceedings