Court Rules

Washington County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Memorandum
25 pgs

Courtesy Copies

Motion

  • 1 copy • At Least Six Working Days Before Rule Day

Communication

Phone
1-800-928-6381
Fax
(502) 573-1669
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

For motions going to the merits, supporting and response memoranda are limited to 25 pages each, and reply memoranda are limited to 5 pages.

Supporting memorandum
Up to 25 pages
Response memorandum
Up to 25 pages
Reply memorandum
Up to 5 pages
Applies to
  • Merits motions
  • Motion to dismiss
  • Summary judgment motions
  • Motion to strike
  • CR 12 02 motions

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. The reply memorandum shall be limited to 5 pages in length.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS

Document Format Requirements6 rules

FormattingMandatory

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.

C11D11DVPROTOCOL · Jan 2019 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingMandatory

Pleadings and legal papers in civil and criminal cases must place the specified heading at the beginning and center of the first page.

Court's wording

the beginning and center of the first page as follows: The heading of all pleadings and legal papers in all civil and criminal cases shall COMMONWEALTH OF KENTUCKY 11TH JUDICIAL CIRCUIT CIRCUIT COURT CASE NO. _ DIVISION I [or]

C11LOCALRULES · p. 8
|Section204. STYLE OF PLEADINGS
FormattingMandatory

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1,

Applies to
  • Protective order petition

Formatting

  • Use form AOC-275.1.
C11LOCALRULES · p. 23
|SectionUniform Protocol for Handling Cases
FormattingMandatory

The administrative-discharge Notice of Termination must use a form prescribed by the Mental Health Court.

Court's wording

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
FormattingMandatoryCriminal cases

The Notice of Termination by administrative discharge must use a form prescribed by the Mental Health Court.

Court's wording

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
FormattingImportant

All pages shall be numbered at the bottom center of each page.

C11LOCALRULES · p. 8
|Section204. STYLE OF PLEADINGS

Document Filing Requirements78 rules

Filing RequirementsMandatory

B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

C11D11DVPROTOCOL · Jan 2019 · p. 4
|SectionIII. Assignment of Cases
Filing RequirementsMandatory

After a ruling, counsel must tender an order accurately stating the ruling, with a distribution list of everyone entitled to notice of entry and their service addresses.

Court's wording

Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

C11LOCALRULES · p. 8
|Section205. DISTRIBUTION OF ORDERS
Filing RequirementsMandatory

Continuance shall state the date of the original trial date.

Document
Continuance motion

Must include

  • State the date of the original trial date
C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

Document
Motion and correspondence

Must include

  • Case number
C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Motions going to the merits must be accompanied by a memorandum stating the grounds and citing the authorities relied upon.

Court's wording

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

C11LOCALRULES · p. 8
|Section203. DEADLINES FOR SERVING AND FILING MOTIONS
Filing RequirementsMandatory

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify specified information about the parties, parental consent, and termination of parental rights or an applicable exception.

Court's wording

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

C11LOCALRULES · p. 9
|Section302. ADOPTION PROCEDURES
Filing RequirementsMandatory

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

C11LOCALRULES · p. 9
|Section301. TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad fitem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

C11LOCALRULES · p. 9
|Section302. ADOPTION PROCEDURES
Filing RequirementsMandatory

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

Document
Pleading motion or other filed paper

Must include

  • Case number
C11LOCALRULES · p. 10
|Section601. IDENTIFICATION OF COUNSEL OR PARTY REQUIRED
Filing RequirementsMandatory

The clerk may not release a video of an in-chambers child interview without a specific written order, and a request for that order must explain the purpose and identify the requested portion as such an interview.

Court's wording

The circuit court clerk shall not release any video in-chamber interviews with children without a specific written order of a Circuit Judge in compliance with FORPP 27. An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

C11LOCALRULES · p. 10
|Section603. VIDEO COPIES OF IN-CHAMBER INTERVIEWS WITH CHILDREN
Filing RequirementsMandatory

In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;

C11LOCALRULES · p. 11
|SectionRULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

Submit written instructions incorporating the parties' understanding of the issues and the law;

C11LOCALRULES · p. 11
|SectionRULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

C11LOCALRULES · p. 11
|SectionRULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES
Filing RequirementsMandatory

Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

C11LOCALRULES · p. 12
|SectionRULE 7. GENERAL CIVIL; 703. MOTIONS FOR DEFAULT JUDGMENT
Filing RequirementsMandatory

All motions for default judgment must include a certificate of the amount due and a military affidavit.

C11LOCALRULES · p. 12
|SectionRULE 7. GENERAL CIVIL; 703. MOTIONS FOR DEFAULT JUDGMENT
Filing RequirementsMandatory

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

C11LOCALRULES · p. 12
|SectionRULE 7. GENERAL CIVIL; 702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

C11LOCALRULES · p. 12
|SectionRULE 7. GENERAL CIVIL; 702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:

C11LOCALRULES · p. 12
|SectionRULE 7. GENERAL CIVIL; 702. PRE-TRIAL STATEMENT REQUIREMENTS
Filing RequirementsMandatory

Retained trial counsel is responsible for preparing and filing the listed appeal documents for a defendant appealing a conviction.

Court's wording

it shall be the responsibility of retained trial counsel for any defendant who is to appeal a judgment of conviction. Before counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

C11LOCALRULES · p. 13
|SectionRULE 8. CRIMINAL
Filing RequirementsMandatory

The adoption petition must contain the listed information, with the stated qualifications and exception for a father's name when certified termination orders are filed.

Court's wording

Does the petition contain the necessary information? KRS 199.490 • Name, date/place of birth, residence, mailing address Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner. • Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

C11LOCALRULES · p. 19
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval?

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

_Yes _No Have parental rights been terminated? of the termination order been filed as required? KRS _Yes No If yes, have certified copies 199.490(2)

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatory

A notarized consent form is to be filed by the specified living parents unless an applicable statutory exception to consent applies.

Court's wording

Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

C11LOCALRULES · p. 20
|SectionRULE 3. ADOPTIONS / TERMINATION OF PARENTAL RIGHTS
Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2) .

Filing RequirementsMandatoryCriminal cases

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.

Filing RequirementsMandatoryCriminal cases

An Order of Diversion must include the specified restitution, supervision, duration, and defendant-compliance terms.

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 & 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.

C11PRETRIALDIVERSIONPROGRAM · p. 3
|SectionIV. Order of Pretrial Diversion
Filing RequirementsMandatory

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatory

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

C11MENTALHEALTHCOURT · Oct 2019 · p. 5
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatory

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatory

Staff must request that an eligible defendant sign the prescribed Agreement of Participation; refusal requires notice to the referring judge on the prescribed form and makes the defendant ineligible to participate.

Court's wording

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatory

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them, along with pertinent information, to the Mental Health Court team before the defendant’s next scheduled court appearance.

Court's wording

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

C11MENTALHEALTHCOURT · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatory

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 7
|SectionSection 7. Transfer of Case to Mental Health Court
Filing RequirementsMandatory

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatory

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatory

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 12. Voluntary Termination
Filing RequirementsMandatory

The Notice of Termination shall be filed in the official record by the circuit clerk.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatory

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatory

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations using the court-prescribed form.

Court's wording

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

C11MENTALHEALTHCOURT · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatory

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatory

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTHCOURT · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatory

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

C11MENTALHEALTHCOURT · Oct 2019 · p. 12
|SectionSection 17. Confidentiality
Filing RequirementsMandatory

Mental Health Court staff must file a copy of each listed document with the appropriate clerk for the underlying criminal offense record.

Court's wording

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

C11MENTALHEALTHCOURT · Oct 2019 · p. 13
|SectionSection 18. Filing of Mental Health Court Documents
Filing RequirementsMandatoryCriminal cases

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 2
|SectionPART I: DEFINITIONS
Filing RequirementsMandatoryCriminal cases

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

For an eligible defendant, staff must explain the court and participation agreement and request that the defendant sign the prescribed form, with or without the defendant's attorney present.

Court's wording

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

C11MENTALHEALTH · Oct 2019 · p. 6
|SectionSection 5. Eligibility and Assessment
Filing RequirementsMandatoryCriminal cases

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 7
|SectionSection 7. Transfer of Case to Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 12. Voluntary Termination
Filing RequirementsMandatoryCriminal cases

The Notice of Termination shall be filed in the official record by the circuit clerk.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

Court's wording

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

C11MENTALHEALTH · Oct 2019 · p. 10
|SectionSection 11. Involuntary Termination from Mental Health Court
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

The circuit court clerk must file the Notice of Termination in the official record.

Court's wording

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

C11MENTALHEALTH · Oct 2019 · p. 11
|SectionSection 13. Administrative Discharge
Filing RequirementsMandatoryCriminal cases

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

C11MENTALHEALTH · Oct 2019 · p. 12
|SectionSection 17. Confidentiality

Filing & Service rules

Filing Timing and Cure Windows

The court must review a protective-order petition immediately after it is filed.

The court shall review a petition for a protective order immediately upon its filing.

Page 2 | Uniform Protocol for Handling Cases

Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day, or they will not be heard as requested or docketed until timely filed.

All motions shall be filed and clocked in the circuit clerk's office no later than 4:30 p.m. at least six (6) working days prior to the Rule Day for which such motion is to be heard. Motions not timely filed in the circuit clerk's office will not be heard on the day requested and will not be docketed until such time as a timely motion is made.

Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

A response must be filed at least 24 hours before the hearing time specified in the notice.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

A civil jury trial date is assigned at a pretrial conference only after substantial completion of discovery and filing of the Rule 702 pretrial memorandum.

CIVIL JURY CASES have substantially completed discovery and filed a pretrial memorandum in Civil jury trial dates shall be assigned at a pretrial conference after the parties accordance with Rule 702 herein.

Page 11 | RULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES

Motions in limine must be filed before the pretrial conference and will be heard at that conference.

All motions in limine are to be filed prior to the pre-trial conference and will be heard at the pre-trial conference.

Page 11 | RULE 7. GENERAL CIVIL; 701. ASSIGNMENT OF CIVIL JURY CASES

When no pretrial order is entered at the conference, the attorneys' order must be submitted no later than ten days afterward.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

Page 12 | RULE 7. GENERAL CIVIL; 702. PRE-TRIAL STATEMENT REQUIREMENTS

An eligible person may apply for a pretrial diversion order after indictment, no later than 45 days before trial.

After indictment in circuit court, and no later than 45 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

Staff must complete and submit the assessment, Notice of Eligibility form, and other pertinent information to the Mental Health Court team before the defendant's next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

Criminal cases

Page 6 | Section 5. Eligibility and Assessment

Petitions should be reviewed within an hour of being presented 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 | Uniform Protocol for Handling Cases

The court must review a protective-order petition immediately upon filing and should review it within an hour of presentation, unless no judge or trial commissioner is available; petitioners should not be left waiting for extended periods.

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 23 | Uniform Protocol for Handling Cases

Service and Proof of Service Rules

Have all parties been properly served? KRS 199.480(2)

Have all parties been properly served? KRS 199.480(2)

Page 18 | ADOPTION CHECKLIST

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Page 10 | Section 12. Voluntary Termination

The circuit clerk must serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must file the Notice of Termination in the official record and serve notice of it on the parties, their attorneys, probation, and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Page 11 | Section 13. Administrative Discharge

The circuit clerk must serve notice of the termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 11. Involuntary Termination from Mental Health Court

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 10 | Section 12. Voluntary Termination

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

Criminal cases

Page 11 | Section 13. Administrative Discharge

Courtesy Copy Requirements

One courtesy copy of the motion must be served on the assigned Judge at least six working days before the Rule Day.

A courtesy copy of the motion shall also be served on the Judge in whose division the case has been assigned at least six (6) working days prior to the Rule Day in which the motion is to be heard.

Page 7 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Sealing & Redaction Procedures

When personal identifiers are required or included in filed materials, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(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. 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.

Page 11 | RULE 6. MISCELLANEOUS RULES

Mental Health Court proceedings must be confidential and closed unless the judge authorizes otherwise.

Mental Health Court proceedings shall be confidential and all proceedings shall be closed unless otherwise authorized by the Mental Health Court judge.

Criminal cases

Page 12 | Section 17. Confidentiality

Documents in a participant's Mental Health Court case file must remain confidential and may not be released except as specified in Section 18.

Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released other than those documents specified in Section 18 of these Rules.

Criminal cases

Page 12 | Section 17. Confidentiality

Pre-Motion Conference Requirements

Before filing a discovery motion to compel, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to resolve it between themselves.

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

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Adjournment & Extension Requirements

A Rule Day that falls on a holiday is continued until the following Friday, and other modifications may be made due to court calendar events.

In the event that any Rule Day falls on a holiday, then that Rule Day will be continued until the following Friday, Other modifications may be made due to court calendar events.

Page 7 | 202. EXCEPTIONS TO REGULAR RULE DAY SCHEDULE

The response deadline may be extended on oral or written motion for good cause, including the motion’s and supporting memorandum’s length and complexity.

Failure to file a timely response may be grounds to grant the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.

Page 8 | 203. DEADLINES FOR SERVING AND FILING MOTIONS

Chambers Communication Rules

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.

B. Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 4 | IV. Contempt Proceedings

Counsel planning to use electronic media at trial must test it in advance at the appropriate venue, schedule the test with the Circuit Court Clerk, and have a deputy clerk present.

Counsel shall Attorneys planning to use electronic media at trial shall test the equipment in advance at Court Clerk. A deputy court clerk shall be present during the test. schedule an appropriate date and time to test

Page 10 | 602. USE OF TECHNOLOGY AT TRIAL

Before making a recommendation, the Commonwealth must request a criminal-record check by phone or fax from 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 2 | III. Procedure

Petitioners seeking contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Page 25 | IV. Contempt Proceedings

Common questions about Washington County Circuit Court, Kentucky rules

Are courtesy copies required in Washington County Circuit Court, Kentucky?

Courtesy-copy rule applies for motions. Details: 1 copy, delivery at least six working days before rule day. One courtesy copy of the motion must be served on the assigned Judge at least six working days before the Rule Day.

View ruleSource: page 7, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

Does Washington County Circuit Court, Kentucky require a pre-motion conference or letter before filing a motion?

Before filing a discovery motion to compel, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to resolve it between themselves.

View ruleSource: page 8, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What page or word limits apply to memorandum in Washington County Circuit Court, Kentucky?

Washington County Circuit Court, Kentucky's rule states these limits: 25 pages; 25 pages; 5 pages. For motions going to the merits, supporting and response memoranda are limited to 25 pages each, and reply memoranda are limited to 5 pages.

View ruleSource: page 8, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What must be included with protective order petition filings in Washington County Circuit Court, Kentucky?

The judge reviewing a protective-order petition must indicate in its “Court Action” section whether the resulting action is a domestic-violence or interpersonal-protective-order action.

View ruleSource: page 4, section III. Assignment of Cases

What must be included with summons filings in Washington County Circuit Court, Kentucky?

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

View ruleSource: page 4, section III. Assignment of Cases

How may parties contact Washington County Circuit Court, Kentucky?

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.

View ruleSource: page 4, section IV. Contempt Proceedings

How does Washington County Circuit Court, Kentucky handle sealed or redacted filings?

When personal identifiers are required or included in filed materials, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

View ruleSource: page 11, section RULE 6. MISCELLANEOUS RULES

How do I request an adjournment or extension in Washington County Circuit Court, Kentucky?

A Rule Day that falls on a holiday is continued until the following Friday, and other modifications may be made due to court calendar events.

View ruleSource: page 7, section 202. EXCEPTIONS TO REGULAR RULE DAY SCHEDULE

When is a filing treated as filed in Washington County Circuit Court, Kentucky?

The rule states a 4:30 p.m. filing cutoff. Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day, or they will not be heard as requested or docketed until timely filed.

View ruleSource: page 7, section 203. DEADLINES FOR SERVING AND FILING MOTIONS

What service or proof of service rules apply in Washington County Circuit Court, Kentucky?

Have all parties been properly served? KRS 199.480(2)

View ruleSource: page 18, section ADOPTION CHECKLIST
Complete rules summary for Washington County Circuit Court, Kentucky

Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1.

The court must review a protective-order petition immediately after it is filed.

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

The judge reviewing a protective-order petition must indicate in its “Court Action” section whether the resulting action is a domestic-violence or interpersonal-protective-order action.

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk’s office to complete a motion for show cause.

A Rule Day that falls on a holiday is continued until the following Friday, and other modifications may be made due to court calendar events.

Motions must be filed and clocked in with the circuit clerk by 4:30 p.m. at least six working days before the Rule Day, or they will not be heard as requested or docketed until timely filed.

One courtesy copy of the motion must be served on the assigned Judge at least six working days before the Rule Day.

All motions and correspondence must include the case number, parties’ names, date, and motion type designation.

A motion for a continuance must state the original trial date.

For motions going to the merits, supporting and response memoranda are limited to 25 pages each, and reply memoranda are limited to 5 pages.

Motions going to the merits must be accompanied by a memorandum stating the grounds and citing the authorities relied upon.

A party properly served with a motion and supporting memorandum must file a response memorandum stating grounds for opposition and citing supporting authorities.

A response must be filed at least 24 hours before the hearing time specified in the notice.

The response deadline may be extended on oral or written motion for good cause, including the motion’s and supporting memorandum’s length and complexity.

Before filing a discovery motion to compel, for a protective order, or for sanctions, counsel must make a good-faith effort to resolve the dispute and be unable to resolve it between themselves.

A discovery motion must include counsel’s certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

Pleadings and legal papers in civil and criminal cases must place the specified heading at the beginning and center of the first page.

All pages must be numbered at the bottom center.

After a ruling, counsel must tender an order accurately stating the ruling, with a distribution list of everyone entitled to notice of entry and their service addresses.

Every order terminating parental rights must include scheduling for the 90-day and first annual case reviews.

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify specified information about the parties, parental consent, and termination of parental rights or an applicable exception.

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet for Health and Family Services reports.

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

Every filed paper must identify the case and provide the signing attorney’s or party’s typed or printed name, address, telephone number, and email address; a rubber stamp is not a valid signature.

Counsel planning to use electronic media at trial must test it in advance at the appropriate venue, schedule the test with the Circuit Court Clerk, and have a deputy clerk present.

The clerk may not release a video of an in-chambers child interview without a specific written order, and a request for that order must explain the purpose and identify the requested portion as such an interview.

When personal identifiers are required or included in filed materials, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

A notice may be filed to show that a verified disclosure form was delivered to the other party without attaching the form.

More Judges in Washington County Circuit Court, Kentucky

Kaelin G. Reed
Judge
Samuel Todd Spalding
Judge