Webster County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All Motions
Attorney filings
Motion
- At Least 5 Days Before Hearing
Summary Judgment Motions
Adjournments
- Continuance motions must be made and heard before the report date; after that date, the Court will not continue a case except for good cause.
- The sale date cannot be rescheduled until the delinquent-tax information is received.
- A party unable to attend a scheduled motion hearing must immediately notify the other side and try to agree on a new time; if unsuccessful, the party must immediately file a written continuance motion stating the reasons and send copies to the Family Court and Clerk. Dependency, neglect, or abuse matters must also comply with FCRPP 21, and the Court retains discretion to grant or deny a continuance and allocate costs for good cause.
Request must include
Communication
Document Format Requirements6 rules
All orders and judgments shall be prepared as separate instruments.
- Order
- Judgment
Formatting
- •Orders and judgments must be prepared as separate instruments
An order of sale must not designate the auctioneer or appraisers, except that a known reason for disqualification may be included.
Court's wording
2. Designations of the auctioneer or appraisers to be used by the Master Commissioner, provided; however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.
1. Specific dates on which the sale is to be conducted.
3. The final Plaintiff's attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.
All pleadings, motions, and documentation (except items of evidence) shall be typewritten.
- Pleading
- Motion
- Documentation
Formatting
- •Documents must be typewritten; items of evidence are excepted
All orders shall be prepared as separate instruments.
Document Filing Requirements69 rules
Except for motions included in an answer, a motion notice must state a hearing date no later than the next regular motion day, or it will be treated as not filed.
Court's wording
All motions, except those included in an answer, when served on the adverse party shall contain a date on which said motion shall be heard, which date shall not be later than the next regular motion day at which the motion could be heard. Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
- Document
- Motion to compel discovery compliance
Must include
- •Certificate of conference
All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.
An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
If a party opposing the motion desires oral hearing, he shall so state, and proceed to notice the motion for the following motion day.
At least two copies of the complaint in all civil cases shall be filed with the clerk.
In civil cases, successful-party counsel must prepare and present a conforming order or judgment endorsed “Have Seen” by counsel for all parties, and note if the opposing party is unrepresented.
Court's wording
In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court. If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.
Where Kentucky Rule 55.01 applies, a default-judgment seeker must first file a written motion with a tendered judgment and notice to the defaulting party; entry follows notice and the Court's determination that legal requirements are met.
Court's wording
A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and pursuant to Local Rule 5(D) and it is determined by the Court that it meets all necessary legal requirements.
When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.
B. The Court may grant exceptions to this rule on a case by case basis if the Commonwealth files with the Court an accompanying affidavit by the complaining witness explaining why the required information cannot be provided.
The clerk will note on the case file jacket each officer or agency who has a copy of the warrant.
A. No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.
H. On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.
A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale.
B. Following his approval the Master Commissioner shall use the Deficiencies in Judgment Form to notify the Court that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, AP Part IV, and with the Rules of the 5" Judicial Circuit.
Orders for the sale of property must contain a complete caption and the specified information about the parties, property, judgment, sale conditions, lien releases, and outstanding taxes.
- Document
- Order of sale
Must include
- •Caption
Court's wording
A. Orders for the sale of property shall contain: 1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as "etc." or "et al." shall not be used 2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners. 3. The address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. Special conditions of sale, for example, property to be sold on site, specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. A directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number.
An order of sale must include the prescribed language concerning payment, the purchaser's bond, liens, redemption rights, and compliance with the sale terms.
Court's wording
10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."
An order of sale must include the prescribed language concerning vacating the premises and the writ of possession.
Court's wording
11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
- Document
- Summary judgment motion papers
Must include
- •Proposed order
Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.
After entering an appearance, counsel may withdraw only with court leave obtained by a motion properly noticed for hearing.
Court's wording
Leave of Court shall be obtained to withdraw as counsel after an entry of appearance has been made. Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.
Pro se shock-probation motions must include the listed information and supporting documents; motions that do not comply will be summarily denied.
- Document
- Pro se shock probation motion
Must include
- •Case number
Court's wording
All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number. All motions not complying with this order will be summarily denied.
A prospective juror requesting a permanent exemption because of a permanent medical condition must support the request with a physician's certification.
Court's wording
Upon the request of any prospective juror for a permanent exemption from jury service because of a permanent medical condition, which must be supported by certification from the juror's physician, the Designee shall within five (5) days refer said request and medical certification to the Chief Circuit Judge for consideration.
FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).
FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)
Include
- •List the specific parties in default
The order must direct the Master Commissioner to pay outstanding ad valorem taxes and identify the taxpayer, tax year, and tax bill number.
Court's wording
FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY. FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).
FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)
FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.
IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.
INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)
Include
- •Caption
IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.
FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)
Include
- •List the source of title
FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS,
RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE.
The document must include the premises-vacating language and the stated notice concerning the purchaser’s possession and writ of possession.
Court's wording
FAILURE TO INCLUDE VACATING PREMISES LANGUAGE. LOCAL RULE 12.02(A) (11). OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE. THE VACATING PREMISES LANGUAGE FAILS TO INCLUDE THE FOLLOWING NOTICE: "PURCHASER MAY REQUIRE TAKE POSSESSION OF THIS PROPERTY, AND THE SHERIFF OF THE RESPECTIVE COUNTY, IS AUTHORIZED AND DIRECTED PURHCASER IS HEREBY GIVEN A WRIT OF POSSESSION, WHICH ENTITLES THE PURCHASER TO IMMEDIATELY ENTER AND THE PURCHASER." LOCAL RULES 12.02 (A)(11).
COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE
FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).
Include
- •Proper payment option language
Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.
B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.
- Document
- Motion and notice
Must include
- •Certificate of service
Pleadings, motions, and documentation containing AI-generated material must include the specified certification.
- Document
- Pleading motion documentation
Must include
- •AI disclosure
Court's wording
All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.
All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.
- Document
- Discovery motion
Must include
- •Certificate of conference
Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.
Movant shall state that the motion is made under CR 78(2) and this local rule. The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.
Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.
An authorized after-hours recipient may administer an oath affirming the petition's truthfulness and must sign their name and office position on the petition as witness and verification.
Court's wording
The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the Petitioner affirming the truthfulness as to the contents of the petition, and shall sign their name and office position to the petition as witness and verification of said oath.
An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file
Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.
For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064.
Any agreement reached during mediation by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.
The Family Court Case Data Sheet must be fully completed in all cases.
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 email address of the attorney or party signing the document.
- Document
- Court filing
Must include
- •Case number
Except as authorized in Paternity actions and for the specified public officers or employees, release of a confidential Family Court video requires a specific written order; a requesting individual must file a motion stating the purpose.
Court's wording
The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request. Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.
A Family Court video of an in-chamber interview with a child may not be released without a specific written order, and a request for that order must explain which portion is sought and the specific purpose.
Court's wording
Pursuant to FCRPP 25, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge. An individual requesting a judicial order must provide the Family Court Judge with 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.
In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
The Commonwealth shall make a written recommendation to the Court in response to each application .
When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well a.~ the appropriate sentence to be imposed ifthe diversion agreement is unsuccessful .
The Order of Diversion must address restitution if applicable, supervision status and fees if applicable, duration, compliance with Probation and Parole rules, and the specified offense and statutory-condition requirements.
Court's wording
The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533 .030(1) direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
In counties having video of District Court proceedings counsel should designate where the testimony in issue can be found.
Substitution of counsel may be accomplished by a notice signed by the withdrawing counsel and the entering counsel.
Motions filed by counsel should substantially comply with the above requirements.
Filing & Service rules
Electronic Filing Rules
E-filing is preferred and represented parties should use it when possible, but motions may instead be filed at the Clerk's office or by fax if a hard copy is later filed of record within the applicable time limits.
E-filing shall be the preferred method of filing. All parties with counsel should utilize the e-filing system for all Family Court matters when possible. Motions not e-filed may otherwise be filed in person at the appropriate Clerk's office, or by facsimile so long as a hard copy is subsequently file of record, within the time limits provided for in these rules.
Page 9 | Rule 7 Domestic Relations Practice
Proposed documents may be submitted to the Court by email.
Proposed documents may be submitted to the Court by email.
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases
Filing Timing and Cure Windows
Motions must be filed at least seven days before the hearing.
Motions must be filed at least seven (7) days prior to the day it is to be heard
Page 4 | LOCAL RULE 5 - MOTIONS
Orders of sale, including judgments containing them, must be filed with the Master Commissioner for examination and approval before court entry, and approved orders are forwarded for entry at the hearing on the party's motion.
All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court. The Master Commissioner shall examine all such orders and, following his approval, shall forward same to the Court for entry at the hearing on the party's motion seeking such order. An approval by the Master Commissioner is his certification that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, the Administrative Procedures of the Court of Justice (AP) Part IV, and with the Rules of the 5th Judicial Circuit.
Page 9 | Rule 12.01 - References to the Master Commissioner
Immediately following a sale, the Master Commissioner must report to the Court; the Clerk notices the report, which then lies over as provided by the cited rules.
A. The Master Commissioner will notify the attorneys of record when a sale date has been scheduled. Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.05 and AP Part IV, Sec. 5.
Page 12 | Rule 12.03 - Judicial Sales
If the purchaser is required to provide a bond, the bond must be filed with the Commissioner's Report of Sale.
If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.
Page 12 | Rule 12.03 - Judicial Sales
A bid assignment must be filed with the Clerk and Master Commissioner within one week of the sale.
Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.
Page 13 | Rule 12.03
If the court closes for an unforeseen reason, the moving party must re-notice the motion for a regularly scheduled Motion Hour.
C. If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be re-noticed by the party filing the Motion to be heard on a regular scheduled Motion Hour.
Page 8 | 202 Exceptions to Regular Motion Hour Schedule
Motions generally must be filed at least seven days before the hearing, subject to stated exceptions; late motions may be denied or continued.
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 8 | 203 Filing, Notice, and Service of Motions
The filing time frames for a notice of appeal or motion to reconsider run from entry of the original order with the Circuit Court Clerk.
The time frames for filing Notices of Appeal or any motions to reconsider shall be from the date of the entry of the original order with the Circuit Court Clerk.
Page 11
A completed, sworn Domestic Violence Petition must be presented immediately to an authorized judge or commissioner, with presentation to an authorized judge or commissioner in a surrounding county if none can be found in the circuit.
The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5h Judicial Circuit. If not available, the petition may be presented to any trial commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5" Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.
Page 12 | RULE 4 DOMESTIC VIOLENCE PROTOCOL AND 24-HOUR ACCESS POLICY
In dissolution-case mediations, the disclosure statement and any objections must be tendered to the mediator at least seven days beforehand by email or mail; late tender may result in the mediator vacating the mediation.
For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.
Page 16 | 703 Mediation (H)
Each party must file related motions and any stipulations or agreements reached at least seven days before mediation.
Each party shall file at least seven (7) days prior to the mediation any related motions and any stipulations or agreements reached.
Page 16 | 703 Mediation (G)
An eligible person may apply for a pretrial diversion order after indictment and no later than 10 days before trial.
After indictment in circuit court, and no later than 10 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.
Criminal cases
Page 2 | III. Procedure
A motion that does not meet the filing and copy deadlines will be automatically passed to the next regular motion day, and the clerk must docket it accordingly.
Motions not complying with this requirement will be automatically passed to the next regular motion day and the clerk is hereby directed to docket same accordingly.
Page 4 | LOCAL RULE 5 - MOTIONS
A CR 78(2) motion may be granted routinely ten days after filing unless an objection or response is received.
Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.
Page 5 | LOCAL RULE 5 - MOTIONS
Agreed orders, agreed judgments, and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.
Agreed orders and judgments and in forma pauperis motions may be submitted to the Court at any time and should not be placed on the Motion Day docket.
Page 6 | LOCAL RULE 8 - AGREED ORDERS AND IN FORMA PAUPERIS MOTIONS
Motions may not be noticed for hearing on a state holiday.
B. No Motion shall be noticed to be heard on a state holiday.
Page 8 | 202 Exceptions to Regular Motion Hour Schedule
If the opposing attorney or pro se party does not sign an order, the submitting party may file it with the Clerk and notice; the opposing party may file reasoned objections or an alternative order within three days after that filing.
If the responding attorney or pro se party fails to sign the order, the submitting attorney or pro se party may file the order with the clerk with the notice of same. Within three (3) days after filing of the order with the clerk, the opposing attorney or pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.
Page 10 | 206 Entry of Orders and Judgements
Petitions must be reviewed within an hour of presentation to a judge or trial commissioner, unless the judicial officer is unavailable.
Petitioners will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
Page 20 | II. Twenty-Four Hour Accessibility
Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.
Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.
Page 8 | LOCAL RULE 11 - APPEALS FROM DISTRICT COURT
Service and Proof of Service Rules
The movant is responsible for re-noticing motions that are passed to the next regular motion day.
Movant will be responsible for re-noticing said motions.
Page 4 | LOCAL RULE 5 - MOTIONS
Service of written motions and their notices must comply with Kentucky Rules CR 5 and CR 6.05.
Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05.
Page 4 | LOCAL RULE 5 - MOTIONS
If the Court issues a warrant instead of a summons, it must immediately be forwarded to the county sheriff and to any law enforcement agency or officer requesting it from the Circuit Clerk.
Once an indictment has been returned and processed by the Court, that defendant becomes under the jurisdiction of the Circuit Court and if the Court issues a warrant rather than its usual summons, the warrant shall immediately be forwarded to the sheriff of the county and to any other law enforcement agencies or officers who request same from the Circuit Clerk.
Page 7 | LOCAL RULE 10 - CRIMINAL CASES
Motions seeking an order of reference must be served on the Master Commissioner pursuant to CR 5.02.
All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows: Stephen M. Arnett Union Co. Master Commissioner Brandi Rogers Joel C. Rich 109 S. Morgan Street Crittenden Co. Master Commissioner Webster Co. Master Commissioner P.O. Box 419 P.O. Box 361 P.O. Box 248 Morganfield, KY 42437 200 S. Main Street Marion, KY 42064 1358 U.S. Hwy. 41A South Dixon, KY 42409
Page 9 | Rule 12.01 - References to the Master Commissioner
Subsequent motions and sale-confirmation reports must be served on a nonparty purchaser in accordance with CR 5.02.
When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.
Page 13 | Rule 12.03
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.
Page 14 | LOCAL RULE 14 -WITHDRAWAL OF COUNSEL
Motions must be served at least three business days before the hearing, subject to waiver by the court for good cause or in the interest of justice.
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 8 | 203 Filing, Notice, and Service of Motions
Photocopies of motions and notices must be delivered to opposing parties or counsel by an authorized method; the excerpt ends before completing the stated same-date requirement.
B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted. Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or
Page 8 | 203 Filing, Notice, and Service of Motions
Post-judgment relief motions must be served on both the opposing party and any attorney of record.
Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.
Page 9 | Rule 7 Domestic Relations Practice
A judge may allow a Temporary Removal or Adjudication Hearing to proceed without service on the non-custodial parent if the petitioner establishes diligent service efforts on the record; the petitioner must continue efforts after the hearing to locate and notify unserved persons.
Effect of Service on Only One Parent/Person Exercising Custodial Control. The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the Petitioner has made diligent efforts to serve all parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.
Page 14 | Effect of Service on Only One Parent/Person Exercising Custodial Control
All parties must be served with notice of an attorney’s request to withdraw.
All parties shall be served with the notice of an attorney's request to withdraw.
Page 15 | 606 Duty of Guardian Ad Litem, Parent Attorney, and CASA Volunteer to continue
A written motion requesting an order for a confidential video must be noticed to all parties, including the child's Guardian Ad Litem, if any.
An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.
Page 18 | 904 Requests for Confidential Video Records
If service has not been made by the date of transfer, the initiating court reissues the summons for up to 14 days or as the court determines necessary for the Petitioner's protection; further reissuance occurs as needed in the receiving court.
an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
Page 3 | Uniform Protocol for Handling Cases
Filing Fees and Waivers
A $50 reopening fee applies to qualifying inactive cases, with stated Title IV-D and in forma pauperis exceptions and a fee requirement for certain later motions filed by private counsel or pro se parties.
502 Reopening Fee. Pursuant to FCRPP 14(1), a $50.00 reopening fee for cases that have been inactive for six months on a particular issue shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody, or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 13 | Rule S Paternity
Required filing fees must accompany petitions and applicable motions unless the Court permits the litigant to proceed in forma pauperis.
Unless permitted by the Court to proceed in forma pauperis, filing fees (as are required by the Kentucky Court of Justice, the Administrative Office of the Courts, and Kentucky Revised Statutes) shall accompany the filing of the petition and applicable motions.
Page 15 | 701 Filing Fees
The Clerk must assess additional costs for extraordinary services in applicable civil cases.
The Clerk shall assess additional costs in all applicable civil cases, pursuant to KRS 23A.200(8), CR 3.02, and the Costs and Fines section of the Circuit Court Clerks Accounting Manual.
Page 17 | LOCAL RULES 19 - ADDITIONAL COSTS FOR EXTRAORDINARY SERVICES
In forma pauperis leave allows a petition or motion to proceed but does not finally allocate costs and fees; absent agreement, the Court determines that allocation in the final disposition.
When a litigant is granted leave to proceed in forma pauperis, such determination allows the petition or motion to progress, but is not a final allocation of costs and fees. Absent the parties' agreement, the Court will determine this allocation in the final disposition of the matter.
Page 15 | 701 Filing Fees
Courtesy Copy Requirements
Copies of motions must be provided to the Court at its office at least five days before the hearing.
with copies to the Court at her office at least five (5) days before hearing.
Page 4 | LOCAL RULE 5 - MOTIONS
Copies of summary judgment papers must be sent to the Judge’s office at the stated address.
Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Courtesy copies of all motions must be emailed to the Judge's office at the stated address.
Courtesy copies of all motions shall be emailed to the Judge's office at Sthcircuitfamilycourt/@kycourts.net.
Page 9 | Rule 7 Domestic Relations Practice
The quoted fragment directs attorneys to mail the referenced material to the Judge at her office address.
mailed by the attorneys to the Judge, at her office address: P.O. Box 126 Dixon, KY 42409
Page 7 | LOCAL RULE 9 - COPIES
Sealing & Redaction Procedures
Juror qualification forms are available to the trial judge and parties or their attorneys of record unless confidentiality or use is limited in the interest of justice; the forms and their contents may be disclosed only to the listed persons, copies may be made at the requesting party's or attorney's expense, and copies must be destroyed within a reasonable time after the jury term.
The contents of juror qualification forms shall be made available to the trial judge and to parties or their attorneys of record unless the Chief Circuit Judge or his designee determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole or in part. See Administrative Procedure of the Court of Justice, Part Il Section 9, Subsection (7). The forms and the information contained therein shall remain confidential and shall not be disclosed to anyone except the parties, the attorneys of record, persons associated with the office of the attorneys of record, persons employed by the attorneys of record to aid in jury selection, or court officials. The forms may be photocopied at the expense of the requesting party or attorney, but such copies are to be destroyed within a reasonable time following the jury term.
Page 16 | LOCAL RULE 18 - JURY SELECTION
Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.
Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.
Page 11 | RULE 3 ADOPTIONS/TERMINATION OF PARENTAL RIGHTS
For personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope, subject to specified access restrictions; documents in actions confidential by statute need not be redacted.
However, except as set forth in paragraph (B) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court pursuant to the above-stated chapters, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted, and filing an un-redacted copy in a marked and sealed envelope. The clerk of the Court shall allow the un-redacted 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 taxpayer identification number, date of birth, or financial account number. B. Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted, and any access to those files shall be governed by KRS 199.570, KRS 610.340, KRS 625.045, and KRS 625.108.
Page 17 | 902 Protection of Personal Identifiers
Pre-Motion Conference Requirements
Before seeking an order compelling discovery compliance, counsel must confer or correspond with opposing counsel and be unable to resolve the differences without a hearing.
All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.
Page 5 | LOCAL RULE 5 - MOTIONS
Opposing memoranda may be submitted within 30 days, replies are allowed within 15 days, and the motion stands submitted afterward.
Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
CR 78(2) motions may be decided without oral hearing; absent a response, the court may routinely grant the motion after ten calendar days, and an opposing party seeking an oral hearing must state that in the response and notice the motion for the following motion day.
Motions may be made under CR 78(2) which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition. Movant shall state that the motion is made under CR 78(2) and this local rule. The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed. The notice may take substantially the following form: This motion is submitted to the Court for decision pursuant to CR 78 and Local Rule 204. This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed. If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court. If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day.
Page 10 | Motions Routinely Granted
All motions in Paternity cases must be filed and noticed for a hearing in accordance with Rule 201.
501 Motion Practice. All motions in Paternity cases shall be filed and noticed for a hearing in accordance with Rule 201 herein.
Page 13 | Rule S Paternity
In the specified foreclosure cases involving a combined default judgment motion, the Court waives the 30-day response requirement for answering parties where no real issue exists.
EXCEPTION: In cases involving a foreclosure action where there is also a combination motion for Default Judgment against the Debtor, the Court will waive the 30 day response requirement for those who have filed an answer but there is no real issue. For example, Counties and Cities who have been named as Defendants due to outstanding taxes or institutions that have superior liens.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
A party may request oral argument, which the Court will consider, and the Court may request oral argument on its own.
The Court will consider any party's request for oral argument or may request same on its own.
Page 14 | LOCAL RULE 15 SUMMARY JUDGMENT
Adjournment & Extension Requirements
Continuance motions must be made and heard before the report date; after that date, the Court will not continue a case except for good cause.
After the report date, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause. Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
Page 8 | LOCAL RULE 10 - CRIMINAL CASES
The sale date cannot be rescheduled until the delinquent-tax information is received.
The sale date cannot be rescheduled until this information is received.
Page 11
A party unable to attend a scheduled motion hearing must immediately notify the other side and try to agree on a new time; if unsuccessful, the party must immediately file a written continuance motion stating the reasons and send copies to the Family Court and Clerk. Dependency, neglect, or abuse matters must also comply with FCRPP 21, and the Court retains discretion to grant or deny a continuance and allocate costs for good cause.
Any attorney or pro se party who will be unable to be present at the time scheduled in the motion shall immediately notity the moving attorney or pro se party and attempt to establish a mutually agreeable time for hearing the motion. If unsuccessful, the party seeking continuance shall immediately file a motion for continuance in writing, state the reasons for the continuance, and shall send a copy directly to the attention of the Family Court, as well as filing the motion with the Clerk. Any motion for continuance in a dependency, neglect, or abuse matter shall comply with the requirements of FCRPP 21. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance and may require the hearing to proceed even if the parties agree to the continuance.
Page 10 | Continuance of Motions
Chambers Communication Rules
During the stated normal working hours, ECO seekers must go to the county Circuit Court Clerk's office, and the Circuit Clerk must contact the Family Court Judge or District Court Judge.
During normal working hours, 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Court Clerk's office in the County where the request is being made and the Circuit Clerk shall contact the Family Court Judge or the District Court Judge.
Page 14 | 601 Procedure for Emergency Custody Orders
After working hours and on weekends, DCBS or the responding police agency must contact the Family Court Judge or District Court Judge about an ECO.
After working hours, 5:00 p.m. to 8:00 a.m. Monday through Friday, and on weekends, the Family Court Judge or the District Court Judge shall be contacted by DCBS or the responding police agency.
Page 14 | 601 Procedure for Emergency Custody Orders
If a scheduled court date falls on a holiday, parties should check with the clerk for the alternate date.
Should one of these dates fall on a holiday one should check with the clerk to determine the alternate date.
Page 2 | LOCAL RULE 3 - SESSIONS OF THE COURT
Parties must keep the Court informed of any address changes.
It is the responsibility of the parties to keep the Court apprised of any address changes.
Page 9 | Rule 7 Domestic Relations Practice
Should the parties resolve the pending issues prior to the hearing date, they shall promptly notify the Court to request an Order vacating the hearing date.
Should the parties resolve the pending issues prior to the hearing date, they shall promptly notify the Court to request an Order vacating the hearing date.
Page 16 | Final Evidentiary Hearings
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Page 21 | III. Contempt Proceedings
A person seeking an emergency protective order should go to the county Circuit Court Clerk's Office to file a domestic violence petition during the stated weekday business hours.
During the hours of 8:00 a.m. - 4:00 p.m. Monday through Friday, a person who wishes to obtain an EMERGENCY PROTECTIVE ORDER should go to the Circuit Court Clerk's Office in their county and file a DOMESTIC VIOLENCE PETITION.
Page 3 | Twenty-Four Hour Accessibility
Petitioners should contact the clerk in the county where the protective order was entered and file a completed AOC 275.5 affidavit to initiate contempt proceedings.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.
Page 4 | Contempt Proceedings
A delinquent-tax statement may be faxed to the Master Commissioner without re-filing an amended judgment and order of sale.
You may fax the Master Commissioner a statement regarding delinquent taxes, without re-filing an amended judgment and order of sale.
Page 11
A statement regarding delinquent taxes may be faxed without re-filing an amended judgment and order of sale.
YOU MAY FAX ME A STATEMENT REGARDING DELINQUENT TAXES, WITHOUT RE-FILING AN AMENDED JUDGMENT AND ORDER OF SALE.
Page 18 | DEFICIENCIES IN JUDGMENT
After the Family Court Judge approves the proposed orders, parties may request adoption-hearing dates by email or motion.
Once approval of the proposed orders has been obtained from the Family Court Judge, parties may secure a date and time for all hearings in adoptions via email or by Motion.
Page 11 | 304 Obtaining Date and Time for Hearings in Adoption Cases
The hearing time and date may be obtained by contacting the Office of the Family Court Judge.
The time and date for the Temporary Removal Hearing may be obtained by contacting the Office of the Family Court Judge.
Page 14 | 603 Time for Temporary Removal Hearing