Court Rules

Wayne County Circuit Court, Kentucky

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Courtesy Copies

Motion

  • 1 copy

Adjournments

  • If no party files a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted after that point.
Filters:

Document Format Requirements4 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

Applies to
  • Protective order petition

Formatting

  • Must be made on form AOC-275.1.
C57D40DVPROTOCOL · Dec 2015 · p. 2
|SectionUniform Protocol for Handling Cases
FormattingMandatory

J. LABELING OF EXHIBITS : All exhibits intended for use at trial shall be labeled for identification purposes prior to trial .

C57LOCALRULES · Apr 2003 · p. 11
|SectionJ. LABELING OF EXHIBITS
FormattingImportant

(1) At the beginning of the taking of the deposition, the operator of the video camera will focus on each person present at the taking of the deposition and such person shall be identified to the jury . Thereafter, the camera will focus on the witness only, whether the interrogation be direct or cross-examination . (2) The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness or any other person present at the

C57LOCALRULES · Apr 2003 · p. 14
|SectionOrder for Video Deposition
FormattingNote

Either party may take depositions by videotape, subject to the attached Order Regarding Videotape Depositions.

Court's wording

E. TAKING DEPOSITIONS BE VIDEO TAPE : Either party may take any or all depositions by video tape, with said depositions to be taken pursuant to the terms and conditions of the attached "Order Regarding Videotape Depositions"

C57LOCALRULES · Apr 2003 · p. 13
|SectionTaking Depositions Be Video Tape

Document Filing Requirements25 rules

Filing RequirementsMandatory

Upon administering the oath the person shall affix their signature and office position to the petition in witness and in verification of the oath.

C57D40DVPROTOCOL · Dec 2015 · p. 3
|SectionTwenty-four Hour Accessibility
Filing RequirementsMandatory

A DVO or ex parte EPO petition submitted under this rule must be verified.

Court's wording

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

C57D40DVPROTOCOL · Dec 2015 · p. 3
|SectionTwenty-four Hour Accessibility
Filing RequirementsMandatory

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney .

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement .

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement .

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

C57LOCALRULES · Apr 2003 · p. 10
|SectionG. SETTING OF CASES FOR TRIAL
Filing RequirementsMandatory

All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers .

C57LOCALRULES · Apr 2003 · p. 10
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

C57LOCALRULES · Apr 2003 · p. 11
|SectionCHAPTER I: GENERAL
Filing RequirementsMandatory

In jury trial actions, the parties shall submit jury instructions with the pre- trial statement.

C57LOCALRULES · Apr 2003 · p. 11
|SectionCHAPTER I: GENERAL
Filing RequirementsMandatory

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

C57LOCALRULES · Apr 2003 · p. 13
|SectionFiling of Interrogatories and Requests for Admission
Filing RequirementsMandatory

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10 :00 a.m. prevailing time.

Filing RequirementsMandatory

A verified Domestic Violence Petition must bear the petitioner’s signature and the administering person’s signature and office position.

Court's wording

Any above authorized person who comes in receipt of a completed Domestic Violence Petition is authorized to administer an oath affirming the truthfulness of the contents of the petition, to the person completing same, and shall have said person sign their name to the said petition. The person so administering said oath shall also affix their signature and office position to said petition in witness and in verification of said oath.

C57LOCALRULES · Apr 2003 · p. 18
|SectionI. RE: TWENTY-FOUR (24) HOUR ACCESS
Filing RequirementsMandatory

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275. I , pursuant to KRS 403 .730 (2),

Filing RequirementsMandatory

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

C57LOCALRULES · Apr 2003 · p. 28
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

C57LOCALRULES · Apr 2003 · p. 28
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

C57LOCALRULES · Apr 2003 · p. 30
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsMandatory

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

C57LOCALRULES · Apr 2003 · p. 31
|SectionG. SETTING OF CASES FOR TRIAL
Filing RequirementsMandatory

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers . Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

Injury trial actions, the parties shall submit jury instructions with the pre- trial statement. These instructions may be revised by the parties, with final jury instructions presented to the Court five (S) days prior to trial.

C57LOCALRULES · Apr 2003 · p. 32
|SectionI. PRE-TRIAL STATEMENTS
Filing RequirementsMandatory

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

C57LOCALRULES · Apr 2003 · p. 35
|SectionFiling of Interrogatories and Requests for Admission
Filing RequirementsMandatory

A verified motion filed in a dissolution or child custody proceeding must use AOC 275.1; it must also be assigned a domestic violence “D” case number with the appropriate trailer number.

Court's wording

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275 . l, pursuant to KRS 403 .730 (2), and shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless ofthe fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

C57LOCALRULES · Apr 2003 · p. 40
|SectionII. RE: DOMESTIC VIOLENCE PROTOCOL
Filing RequirementsImportant

Individuals may proceed without counsel but must comply with the same provisions as represented parties.

Court's wording

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES
Filing RequirementsImportant

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated .

C57LOCALRULES · Apr 2003 · p. 7
|SectionC. DOMESTIC RELATIONS CASES

Filing & Service rules

Filing Timing and Cure Windows

Petitioners must not be sent away or left waiting for extended periods.

Petitioners shall not be sent away or left waiting for extended periods of time.

Page 2 | Uniform Protocol for Handling Cases

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

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

Page 3 | Twenty-four Hour Accessibility

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the specified financial and property information.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

Page 7 | C. DOMESTIC RELATIONS CASES

All parties must file pre-trial compliance statements 28 days before trial.

Pre-trial compliance statements shall be filed by all parties 28 days before the trial date.

Page 10 | I. PRE-TRIAL STATEMENTS

The parties may revise jury instructions, and must present final instructions to the Court five days before trial.

These instructions may be revised by the parties, with final jury instructions presented to the Court five (5) days prior to trial .

Page 11 | CHAPTER I: GENERAL

A motion set for a Rule Day must be filed with the Circuit Clerk five days beforehand, except for uncontested matters under Chapter IV.

Each motion to be made on a Rule Day, except uncontested matters under Chapter IV shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the motion is initially set.

Page 12 | C. MOTION AND NOTICE

A responsive motion must be filed with the Circuit Clerk five days before the Rule Day for which the original motion is initially set.

(3) Filing_ and Service of Responsive Motions - Each responsive motion shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the original motion is initially set.

Page 13 | Filing and Service of Responsive Motions

The petitioner must file a sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

Page 28 | C. DOMESTIC RELATIONS CASES

The Domestic Relations Commissioner shall make final findings and recommendations within 45 days after an action is submitted.

The Domestic Relations Commissioner shall make final findings and recommendations forty-five (45) days from the date an action is submitted to the said Domestic Relations Commissioner.

Page 30 | C. DOMESTIC RELATIONS CASES

These instructions may be revised by the parties, with final jury instructions presented to the Court five (S) days prior to trial.

These instructions may be revised by the parties, with final jury instructions presented to the Court five (S) days prior to trial.

Page 32 | I. PRE-TRIAL STATEMENTS

All parties must file pretrial compliance statements 28 days before trial.

Pre-trial compliance statements shall be filed by all parties 28 days before the trial date .

Page 32 | I. PRE-TRIAL STATEMENTS

A motion to be made on a Rule Day must be filed with the Circuit Clerk five days before that Rule Day, except for uncontested matters under Chapter IV.

Each motion to be made on a Rule Day, except uncontested matters under Chapter IV shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the motion is initially set .

Page 34 | C. MOTION AND NOTICE (1) Filing and Service of Motion and Notice

Responsive motions must be filed with the Circuit Clerk five days before the Rule Day for which the original motion is set.

Each responsive motion shall be filed in the office of the Circuit Clerk five (5) days preceding the Rule Day for which the original motion is initially set.

Page 35 | Filing and Service of Responsive Motions

The person verifying a sworn petition must immediately present it to an on-duty officer, who must immediately present it to a judge or trial commissioner found within the county.

Said sworn Domestic Violence Petition shall then immediately be presented, by the person verifying same, to any on-duty Sheriff or Deputy Sheriff in each county, any on-duty police officer of each of the cities listed above, or any on-duty Kentucky State Police Officer who shall then immediately present same to any District Judge, District Court Trial Commissioner or Circuit Judge who is found within the County .

Page 39 | I. RE: TWENTY-FOUR (24) HOUR ACCESS

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 | Uniform Protocol for Handling Cases

A case may be submitted to the Court by motion on Rule Day, or at any time by joint motion.

Cases may be submitted to the Court pursuant to motion on Rule Day or at any time on a joint motion.

Page 10 | F. SUBMISSION OF CASES TO THE COURT

A motion to set a case for trial may be made on any Rule Day.

Motions to set a case for trial may be made on any Rule Day

Page 10 | G. SETTING OF CASES FOR TRIAL

A party may request a pre-trial conference by appropriate motion on Rule Day when the case is set for trial or later, up to the stated 14-day point from the trial date.

A party may move for a pre-trial conference at the time the case is set for trial or at any time from the setting of the trial date until 14 days from the date of trial by an appropriate motion on Rule Day.

Page 10 | H. PRE-TRIAL CONFERENCE

Time for filing motions and responsive motions must be computed under CR 6.01.

(4) Computation of Time for Filing and Service - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

Page 13 | Computation of Time for Filing and Service

Cases may be submitted to the Court by motion on Rule Day or by joint motion at any time.

Cases may be submitted to the Court pursuant to motion on Rule Day or at any time on a joint motion.

Page 31 | F. SUBMISSION OF CASES TO THE COURT

A party may move for a pretrial conference when the case is set for trial or later by an appropriate motion on Rule Day, up to 14 days before trial.

A party may move for a pre-trial conference at the time the case is set for trial or at any time from the setting of the trial date until 14 days from the date of trial by an appropriate motion on Rule Day.

Page 32 | H. PRE-TRIAL CONFERENCE

The time for filing and serving motions and responsive motions must be computed under CR 6.01.

Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

Page 35 | Computation of Time for Filing and Service

The referenced docketing must occur within 14 days of issuance of the EPO.

docket within 14 days of the issuance of the EPO .

Page 41

A motion to set a case for trial may be made on any Rule Day.

Motions to set a case for trial may be made on any Rule Day

Page 31 | G. SETTING OF CASES FOR TRIAL

Service and Proof of Service Rules

The notice served on opposing parties must state the hearing’s time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties .

Page 8 | C. DOMESTIC RELATIONS CASES

If a motion is served by mail, it must be served on opposing counsel or an unrepresented party at least five days before the Rule Day for which it is initially set.

Each motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail .

Page 12 | C. MOTION AND NOTICE

A responsive motion must be served on opposing counsel or an unrepresented party at least five days before the original motion's Rule Day when service is effected under CR 5.02.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the original motion is initially set if service is effected pursuant to CR 5 .02 .

Page 13 | Filing and Service of Responsive Motions

The hearing notice must be served upon the opposing parties.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

Page 30 | C. DOMESTIC RELATIONS CASES

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma paauperis must send a copy to the Court Reporter or Circuit Clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma paauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

Page 33 | M. COPIES TO BE SENT TO COURT REPORTER

A motion served by delivery pursuant to CR 5.02 must be served five days before the Rule Day for which it is initially set.

Service shall be effected five (5) days preceding the Rule Day for which the motion is initially set if service is effected by delivery pursuant to CR 5 .02 .

Page 34 | C. MOTION AND NOTICE (1) Filing and Service of Motion and Notice

An attorney setting a motion must send a copy of the motion to the Circuit Judge.

The attorney shall also send a copy of the motion to the Circuit Judge .

Page 34 | C. MOTION AND NOTICE (2) Scheduling Motions

When service is effected under CR 5.02, responsive motions must be served on opposing counsel or an unrepresented party at least five days before the Rule Day for which the original motion is set.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the original motion is initially set if service is effected pursuant to CR 5 .02 .

Page 35 | Filing and Service of Responsive Motions

Time for serving motions and responsive motions must be computed under CR 6.01.

(4) Computation of Time for Filing and Service - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

Page 13 | Computation of Time for Filing and Service

Subpoena service by law-office personnel or a party may be considered a cost when similar sheriff service would be compensated.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs .

Page 11 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY

Subpoena service by law office personnel or a party is considered a cost when assessing costs to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

Page 33 | N. SERVICE OF SUBPOENA BY LAW OFFICE PERSONNEL OR PARTY

Filing Fees and Waivers

Commissioner fees may not exceed $600 per case unless the Circuit Judge recommends and the Chief Justice approves a higher amount based on shown extraordinary circumstances.

No more than $600 .00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Justice for extraordinary circumstances shown .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

An uncontested divorce carries a $15 Commissioner fee, payable to the Circuit Clerk upon final submission and treated as part of court costs in the final decree.

The Domestic Relations Commissioner shall receive a fee of $15 .00 for an uncontested divorce . This sum shall be paid to the Circuit Clerk upon final submission of the action. The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

A hearing before the Commissioner costs $60 per hour, assessed in $15 increments for each quarter hour or part thereof, and is due through the Circuit Clerk’s office on the fifth working day after the hearing ends.

For any hearing the commissioner shall receive a fee of $60.00 per hour, assessed at a rate of $15 .00 for each quarter hour or part thereof. Such fees shall be paid through the office of Circuit Court Clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

Motions filed in the Domestic Relations Division must include a non-refundable $40 fee payable to the Commissioner who hears the motion, or to the Commissioner’s docket if the motion is not heard.

That all motions filed within this Circuit, Domestic Relations Division, shall be accompanied by a Forty Dollar ($40 .00) non-refundable filing fee, which shall be due and payable to the Commissioner who hears the motion, or, if the motion is not heard, to the docket of the Commissioner .

Page 9 | C. DOMESTIC RELATIONS CASES

All motions filed in the Circuit's Domestic Relations Division must include a non-refundable $40 fee payable to the Commissioner who hears the motion, or to the Commissioner's docket if the motion is not heard.

That all motions filed within this Circuit, Domestic Relations Division, shall be accompanied by a Forty Dollar ($40 .00) non-refundable filing fee, which shall be due and payable to the Commissioner who hears the motion, or, if the motion is not heard, to the docket of the Commissioner.

Page 30 | C. DOMESTIC RELATIONS CASES

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

Page 8 | C. DOMESTIC RELATIONS CASES

If a case is reopened, additional Commissioner fees of up to $200 may be assessed.

If a case is reopened additional fees totaling not more than $200 .00 may be assessed .

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

Commissioner fees assessed in an uncontested divorce may not exceed $15.

No more than $15 .00 shall be assessed in any uncontested divorce.

Page 9 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit Courts in the 57" Judicial Circuit.

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit Courts in the 57" Judicial Circuit.

Page 30 | C. DOMESTIC RELATIONS CASES

The stated sum must be paid to the Circuit Clerk upon final submission of the action.

This sum shall be paid to the Circuit Clerk upon final submission of the action .

Page 31

Fees in an uncontested divorce may not exceed $15.

No more than $15 .00 shall be assessed in any uncontested divorce.

Page 31

If a case is reopened, additional fees totaling no more than $200 may be assessed.

If a case is reopened additional fees totaling not more than $200 .00 may be assessed .

Page 31

Commissioner fees may not exceed $600 per case, regardless of the number or length of hearings, unless the Circuit Judge recommends and the Chief Justice approves an increase for shown extraordinary circumstances.

No more than $600 .00 shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Justice for extraordinary circumstances shown .

Page 31

The commissioner charges $60 per hour, assessed at $15 per quarter hour or part thereof, and payment is due through the Circuit Court Clerk on the fifth working day after the hearing concludes.

For any hearing the commissioner shall receive a fee of $60 .00 per hour, assessed at a rate of $15 .00 for each quarter hour or part thereof. Such fees shall be paid through the office of Circuit Court Clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

Page 31

The Domestic Relations Commissioner may waive collection of fees.

The Domestic Relations Commissioner may waive the collection of fees .

Page 10 | D. FEES OF THE DOMESTIC RELATIONS COMMISSIONER

The Domestic Relations Commissioner may waive collection of fees.

The Domestic Relations Commissioner may waive the collection of fees.

Page 31

Domestic Relations Commissioner fees are treated as court costs in final decrees.

The fees of the Domestic Relations Commissioner will be treated as part of the court costs in final decrees.

Page 31

Courtesy Copy Requirements

An attorney seeking to set a motion must send a copy of it to the Circuit Judge; failure to comply with the scheduling provisions means the motion will not be heard at the specified date and time.

(2) Scheduling Motions - Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion. The attorney shall also send a copy of the motion to the Circuit Judge . Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified .

Page 13 | Scheduling Motions

Pre-Motion Conference Requirements

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.

Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing .

Page 30 | C. DOMESTIC RELATIONS CASES

A motion will not be heard on its specified date and time if the scheduling requirements are not met.

Failure to comply with the above provisions shall result in the motion not being heard on the date and time specified .

Page 34 | C. MOTION AND NOTICE (2) Scheduling Motions

Adjournment & Extension Requirements

If no party files a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted after that point.

If the case is set, and no party has filed a motion for continuance before 28 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.

Page 10 | G. SETTING OF CASES FOR TRIAL

If no party files a continuance motion before 28 days prior to the trial date, the Court may impose sanctions resulting from a continuance granted thereafter.

Ifthe case is set, and no party has filed a motion for continuance before 28 days prior to the trial date, the Court may impose sanctions resulting from any continuance thereafter granted.

Page 31 | G. SETTING OF CASES FOR TRIAL

Chambers Communication Rules

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.

Prior to the filing of a motion to be heard before the Domestic Relations Commissioner, counsel for the moving party shall contact the Domestic Relations Commissioner to schedule a time for the hearing on the motion and inform the Domestic Relations Commissioner of the anticipated length of the hearing.

Page 8 | C. DOMESTIC RELATIONS CASES

The Circuit Clerk’s office must be notified when a case is ready for the Court to take under submission.

In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission .

Page 10 | F. SUBMISSION OF CASES TO THE COURT

An attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the Court Reporter or Circuit Clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

Page 11 | M. COPIES TO BE SENT TO COURT REPORTER

When an action set for trial settles, the parties must immediately notify the Circuit Clerk’s office.

When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk of this fact .

Page 11 | L. SETTLED CASES

An attorney seeking to set a motion must contact the appropriate Circuit Court Clerk's Office and provide the approximate hearing time.

(2) Scheduling Motions - Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion.

Page 13 | Scheduling Motions

When an action set for trial settles, the parties must immediately notify the Circuit Clerk.

When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk of this fact.

Page 33 | L. SETTLED CASES

An attorney setting a motion must contact the appropriate Circuit Court Clerk's Office and provide the approximate time needed for the hearing.

Any attorney desiring to set a motion, shall contact the appropriate Circuit Court Clerk's Office. The attorney shall notify the Circuit Court Clerk's Office of the approximate time required to hear the motion .

Page 34 | C. MOTION AND NOTICE (2) Scheduling Motions

Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk in the county where the existing protective order was entered.

Petitioners seeking to Initiate contempt proceedings chould contact: The Circuit Clerk in the County where the oxisting protective order was entered.

Page 6 | Contempt Proceedings

If a matter is resolved before the hearing, the Domestic Relations Commissioner must be notified promptly.

If the matter to be heard is resolved prior to the time of a hearing, the Domestic Relations Commissioner shall be promptly notified .

Page 8 | C. DOMESTIC RELATIONS CASES

A party seeking a transcript must timely notify the Court Reporter or Circuit Clerk of the date it is needed.

Any party desiring a transcript shall notify the Court Reporter or Circuit Clerk in a timely manner of the date by which said transcript is needed.

Page 11 | M. COPIES TO BE SENT TO COURT REPORTER

The Circuit Clerk’s office must be notified when a case is ready for the Court to take under submission.

In either event, the office of the Circuit Clerk shall be notified when a case is ready for the Court to take under submission .

Page 31 | F. SUBMISSION OF CASES TO THE COURT

Common questions about Wayne County Circuit Court, Kentucky rules

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

Courtesy-copy rule applies for motions. Details: 1 copy. An attorney seeking to set a motion must send a copy of it to the Circuit Judge; failure to comply with the scheduling provisions means the motion will not be heard at the specified date and time.

View ruleSource: page 13, section Scheduling Motions

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

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.

View ruleSource: page 30, section C. DOMESTIC RELATIONS CASES

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

A DVO or ex parte EPO petition submitted under this rule must be verified.

View ruleSource: page 3, section Twenty-four Hour Accessibility

What must be included with divorce petition filings in Wayne County Circuit Court, Kentucky?

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney before the clerk may file it.

View ruleSource: page 7, section C. DOMESTIC RELATIONS CASES

How may parties contact Wayne County Circuit Court, Kentucky?

The Circuit Clerk’s office must be notified when a case is ready for the Court to take under submission.

View ruleSource: page 10, section F. SUBMISSION OF CASES TO THE COURT

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

If no party files a continuance motion before 28 days prior to trial, the Court may impose sanctions resulting from a continuance granted after that point.

View ruleSource: page 10, section G. SETTING OF CASES FOR TRIAL

Are filing fees or waivers addressed in Wayne County Circuit Court, Kentucky?

A fee is required for covered filings. Motions filed in the Domestic Relations Division must include a non-refundable $40 fee payable to the Commissioner who hears the motion, or to the Commissioner’s docket if the motion is not heard.

View ruleSource: page 9, section C. DOMESTIC RELATIONS CASES

What filing deadlines does Wayne County Circuit Court, Kentucky set?

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the specified financial and property information.

View ruleSource: page 7, section C. DOMESTIC RELATIONS CASES

What rule applies to service for hearing notice in Wayne County Circuit Court, Kentucky?

Details: recipient: the opposing party. The notice served on opposing parties must state the hearing’s time, date, and place.

View ruleSource: page 8, section C. DOMESTIC RELATIONS CASES
Complete rules summary for Wayne County Circuit Court, Kentucky

Protective-order petitions under KRS Chapter 403 or Chapter 456 must use form AOC-275.1.

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

Petitioners must not be sent away or left waiting for extended periods.

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

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A DVO or ex parte EPO petition submitted under this rule must be verified.

The person administering the oath must sign the petition and include their office position as witness and verification of the oath.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Clerk in the county where the existing protective order was entered.

Before filing a motion to be heard by the Domestic Relations Commissioner, moving counsel must contact the Commissioner to schedule the hearing and provide its anticipated length.

If a case is reopened, additional fees totaling no more than $200 may be assessed.

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney before the clerk may file it.

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, containing the specified financial and property information.

The petitioner’s sworn disclosure statement must list marital property and values, debts and amounts, claimed non-marital property and the basis for each claim, each party’s income, and other information the petitioner believes will assist in property disposition.

The respondent may refute the petitioner’s disclosure in the Answer with a sworn counter-disclosure statement; otherwise, the petitioner’s itemized listing is accepted as agreed or stipulated.

Individuals may proceed without counsel but must comply with the same provisions as represented parties.

The notice served on opposing parties must state the hearing’s time, date, and place.

If a matter is resolved before the hearing, the Domestic Relations Commissioner must be notified promptly.

All postjudgment motions in domestic relations cases filed more than six months following the entry of the final decree should be accompanied by a Fifty Dollar ($50.00) filing fee to be paid to the Clerk of the respective Circuit

Motions filed in the Domestic Relations Division must include a non-refundable $40 fee payable to the Commissioner who hears the motion, or to the Commissioner’s docket if the motion is not heard.

An uncontested divorce carries a $15 Commissioner fee, payable to the Circuit Clerk upon final submission and treated as part of court costs in the final decree.

A hearing before the Commissioner costs $60 per hour, assessed in $15 increments for each quarter hour or part thereof, and is due through the Circuit Clerk’s office on the fifth working day after the hearing ends.

Commissioner fees may not exceed $600 per case unless the Circuit Judge recommends and the Chief Justice approves a higher amount based on shown extraordinary circumstances.

If a case is reopened, additional Commissioner fees of up to $200 may be assessed.

Commissioner fees assessed in an uncontested divorce may not exceed $15.

The Domestic Relations Commissioner may waive collection of fees.

A case may be submitted to the Court by motion on Rule Day, or at any time by joint motion.

The pre-trial statement must list all exhibits that may be used at trial, and copies must be attached if feasible.

The Circuit Clerk’s office must be notified when a case is ready for the Court to take under submission.

A motion to set a case for trial may be made on any Rule Day.

A motion to set a case for trial must certify that the case will be ready by the trial date.

More Judges in Wayne County Circuit Court, Kentucky

Jennifer Upchurch Edwards
Judge
Sara Beth Gregory
Judge