Whitley Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Chambers Drop Off
Page & Word Limits2 rules
Merits-motion memoranda are limited to 25 pages for the moving memorandum and response and 5 pages for a reply memorandum.
- Supporting memorandum
- Up to 25 pages
- Opposition memorandum
- Up to 25 pages
- Reply memorandum
- Up to 5 pages
- Merits motions
- Motion to dismiss
- Summary judgment motions
- Motion to strike
- Cr 12 02 motions
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum. Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
208.2 Unless otherwise permitted by order of the Court, the movant's brief or memorandum and the respondent's brief or memorandum shall be limited to 25 pages each. Reply briefs or memoranda shall be limited to 5 pages each.
- Brief
- Up to 25 pages
- Reply brief
- Up to 5 pages
Document Format Requirements5 rules
206.4 In no event shall a tendered or proposed order or judgment contain the letterhead of a law firm on the judgment or order.
Orders shall not contain the letterhead of counsel in any margin.
- Order
Formatting
- •Orders must not contain the letterhead of counsel in any margin
Motions, pleadings, and orders must meet the specified paper, spacing, and type requirements; real-property descriptions are excepted from double spacing, and larger type is preferred, especially in briefs.
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Pleading
- Order
Formatting
- •Legal descriptions of real property are excepted from the double-spacing requirement
Court's wording
208.1 All motions, pleadings, and orders shall be typewritten or electronically printed, on 16 pound or heavier, white, opaque, unglazed paper, 8 ½ by 11 inches. Orders shall not contain the letterhead of counsel in any margin. All motions, pleadings, and orders shall be double spaced, except legal descriptions of real property. All motions pleading, and orders shall be written with type never smaller than pica, and larger type is preferable, especially in briefs.
AOC Form 346, styled Order Voiding Pretrial Diversion Of A Class D Felony, shall be used for this purpose.
Protective-order petitions must be requested, completed, and signed on form AOC-275.1.
Court's wording
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
Document Filing Requirements56 rules
The Court shall require the parties to submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.
A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference/trial.
The notice shall specify the date, time, and place for the hearing.
The moving party shall attach to the motion a certification of counsel that counsel has conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.
- Document
- Discovery motion
Must include
- •Certificate of conference
A party properly served with a motion and supporting memorandum must file a response memorandum stating its grounds and citing supporting authorities.
Court's wording
Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length.
A merits motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon; failure to file one may be grounds for overruling the motion.
Court's wording
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion.
When a ruling is made or opinion rendered, a proposed order or judgment in conformity therewith shall be presented to the Court
- Document
- Proposed order or judgment
Must include
- •Proposed order
A party seeking a judgment by default under CR 55.01 shall file a written motion.
204. PROPOSED ORDERS SHALL BE FILED AND SUBMITTED WITH A MOTION.
- Document
- Motion
Must include
- •Proposed order
206.3 Proposed orders shall be filed and submitted with a motion.
- Document
- Motion
Must include
- •Proposed order
When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.
209.2 When answering interrogatories or requests for admission, the replying party shall, as a part of his answer, set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.
210.1 Upon submission of any action to the Court for final Judgment, the parties shall prepare and present to the Court an Order of submission setting forth in particular the issue or issues on which the action is submitted.
210.2 An action shall be submitted only upon the entry of an order of submission. The order of submission, along with the record, shall be placed in the appropriate order/judgments basket in the Clerk's Office.
The motion shall be noticed for hearing and placed on the regular motion day docket. The party seeking the default judgment shall appear on the motion day that the motion is noticed to be heard.
If agreed upon by counsel for both parties, an agreed order referring a case to the D.R.C. shall be submitted to the Circuit Judge for approval.
Each party must file a Preliminary Verified Disclosure Statement (AOC-238) and a Final Verified Disclosure Statement (AOC-239) in compliance with FCRPP 2(3) and FCRPP 3(3).
Application to the Court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04.
The D.R.C.'s trial order shall include a projected fee assessment.
If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an Order approving and incorporating the proposed Findings of Fact, Conclusions of Law and Decree for execution by the Circuit Court and provide thereon and appropriate opportunity for the D.R.C. to execute approval.
If exceptions have been filed subsequent to the ultimate recommendation of the D.R.C., then the Orders relevant thereto shall be tendered directly to the Circuit Court.
The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."
Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial.
A Warning Order Attorney seeking compensation must submit a motion with an attached proposed order stating a reasonable fee and an affidavit containing the specified information.
Court's wording
Any Warning Order Attorney (WOA) seeking payment shall prepare a motion for attorney's fees with an attached order which includes a reasonable fee for the services rendered and submit it for the Judge's approval. Motions for compensation shall be accompanied by an affidavit indicating: A. The statutory basis for appointment; B. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and C. That the action or proceedings have been concluded.
906.3 If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.
Before submission to the Court, covered judgments or orders and the record must be submitted to the Commissioner for certification; the Commissioner then delivers the judgment or order to the Court for approval and entry.
Court's wording
All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.
906.4 If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.
An order or judgment directing the Commissioner to sell property or execute or deliver a deed must include the specified property description and identification, the name of the party whose interest is involved, and the source of that party's title.
Court's wording
Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain: A. The legal description of the property including a street address (or if it has no street address, a brief identification of its location and size) and any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; B. The name of the party or parties whose interest is being sold or conveyed; and C. The source of the party's or parties' title.
they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.
If all funds held by the Commissioner are distributed by the order requiring the distribution of funds and there are no further matters for determination by the Court, the order shall state that the matter is final and stricken from the Court's docket.
If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.
Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients(s), and the specific amounts due each under the judgment or order.
an order confirming the sale (with copies) shall be submitted to the Court.
A. An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner.
The attorney appearing for the defendant at arraignment shall be in attendance at the Pretrial conference and shall submit such written motions, which are expected to be offered in the case.
805.3 The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.
Before permission to withdraw from representing a defendant appealing a conviction, retained trial counsel must prepare and file the listed appeal documents, where applicable.
Court's wording
805.2 Retained trial counsel shall secure permission of the Court before withdrawing as counsel for any defendant who seeks to appeal a judgment of conviction. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: A. Notice of appeal pursuant to RCr 12.04; B. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; C. Designation of record on appeal; and, D. An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.
B. Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent.
or, the parties shall file an agreed order if the time sharing arrangement is modified by the agreement.
A. Pursuant to FCRPP 7(2) on relocation, before a joint custodian seeks to relocate, written notice shall be filed with the court
When recommending diversion, the Commonwealth must submit written proposed conditions and a proposed sentence for unsuccessful diversion using signed AOC Form 347 as part of the defendant’s plea agreement.
Court's wording
iii. When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3). AOC Form 347, styled Motion for Pretrial Diversion of a Class D Felony, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney and the Commonwealth's Attorney, shall be used for this purpose. This diversion plan shall be submitted to the Court as part of defendant's plea agreement.
B. 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.
v. The Court cannot consider diversion without a written, favorable recommendation from the Commonwealth.
C. The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6) .
The Order of Diversion must address restitution, supervision status, duration, and the listed conditions of diversion.
Court's wording
807.2 The Order of Diversion shall include the following: A. Restitution, if applicable. (This is mandatory pursuant to KRS 533.254 where victim has suffered monetary damage.) B. Whether the diversion shall be supervised or unsupervised. If supervised, a monthly supervision fee of not less than $10.00 nor more than $25.00 shall be imposed on the divertee, unless the fee is waived by the court in the case of indigency KRS 533.250(7). C. Duration of the diversion. D. Requirement that defendant obeys all rules and regulations imposed by Probation and Parole. E. As required by KRS 533.030(1), that the defendant shall not commit any offense during the period of the pretrial diversion. Defendant shall also comply with the directions of the Probation and Parole Officer (and any other provision of KRS 533.030 or any other condition the Court deems appropriate). F. The Order of Diversion shall also include the following: i. Defendant shall remain drug and alcohol free and be subject to random testing. ii. Defendant shall possess neither firearm nor any other deadly weapon.
The Commonwealth may apply in writing for a hearing to void a pretrial diversion agreement, and the application must state the grounds.
Court's wording
A. The Commonwealth may apply in writing to the Court for a hearing to determine whether the pretrial diversion agreement should be violated. The application must contain notice of the grounds for voiding the agreement. KRS 533.256(1) and 533.050(2).
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
shall be accepted and filed with the court.
The judge reviewing a petition for an order of protection shall indicate in the 'Court Action section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
Thereafter, all process, pleadings, motions, orders, and papers filed in the case shall set forth the Division on which the case has been assigned.
The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.
Counsel should be prepared to tender proposed Findings of Fact, Conclusions of Law and Decree to the Commissioner at the time of the hearing, or to the Court at the time of submission.
To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order.
All cases in which one or both of the parties are proceeding informa pauperis should be denoted as such in the style of the case.
Attorneys shall also be able to recover the costs expended upon proper itemization to the Court.
906.2 At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.
Filing & Service rules
Filing Timing and Cure Windows
A response must be filed at least 72 hours before the hearing time in the notice; an untimely response may be grounds for sustaining the motion.
Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.
Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
Motions going to the merits, including the specified motion types, must be filed at least 10 days before motion hour.
All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
Written motions other than those heard ex parte, and their hearing notices, must be filed with the Clerk at least five days before the hearing unless another period is set by rule, statute, or court order.
Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be filed with the Clerk at least five days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
After an order of submission is entered, no further pleading, proof, or briefs may be filed unless the Court orders or allows it for good cause shown.
210.3 No further pleading, proof or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the entry of the order of submission.
Page 8 | 210. ORDER OF SUBMISSION
The Court or Commissioner must file an opinion or report within 90 days after entry of the order of submission.
In accordance with FCRPP 4(3) and KRS 454.350, the Court or Commissioner shall file an opinion or report within ninety (90) days of the entry of the order of submission.
Page 9 | 210.6
After the final trial, the D.R.C. must issue a recommendation of findings of fact, conclusions of law, and decree within 60 days, absent good cause.
At the conclusion of the final trial the case shall stand submitted to the D.R.C. who shall issue a recommendation of Findings of Fact, Conclusions of Law and Decree within sixty (60) days absent good cause shown.
Page 10 | 701. PRACTICE AND PROCEDURE BEFORE THE DOMESTIC RELATIONS COMMISSIONER (D.R.C.)
An objection to the assessed D.R.C. trial fee must be made by motion and hearing notice before final trial; failure to object waives the objection unless the final assessment exceeds the projected fee.
Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial. A failure to object to the fee as assessed shall be deemed as a waiver of any such objection unless the final fee assessment should exceed that projected by the Commissioner's trial order.
Page 12 | 702. COMMISSIONER'S FEES AND HEARING SCHEDULE
An order may issue ex parte, but its hearing may not occur sooner than five days after service unless the Court orders otherwise.
An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.
Page 12 | 901. PROCEDURE ON RULES FOR CONTEMPT
The mediation conference must be held within 30 days after entry of the order.
The mediation conference shall be held within thirty (30) days from entry of the order.
Page 13 | 905.3 MEDIATION CONFERENCES
The parties must contact the mediator within five days after entry of the mediation order to schedule a conference.
A. The parties shall, within five (5) days from entry of the order, contact the mediator to schedule a mediation conference.
Page 13 | 905.3 MEDIATION CONFERENCES
Attorneys must petition for an award of fees and costs after submitting the Warning Order Report.
Attorneys shall petition the Court for an award of their fee and costs after such time as the Warning Order Report is submitted.
Page 13
A Warning Order Attorney must file the required report within 50 days of appointment, and failure to do so may result in sanctions whether or not the attorney has been paid.
The Warning Order Attorney shall file the required report within fifty (50) day of the appointment pursuant to CR 4.07(1), and failure to do so may be grounds for sanctions by the Court, whether or not the Warning Order Attorney has been paid.
Page 13
The joint statement must be submitted within 10 days after mediation terminates.
This statement shall be submitted within 10 days of the termination of mediation.
Page 15 | 906. REPORTING TO THE COURT
The appraisals must be filed as part of the record before the sale.
they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.
Page 17
The Master Commissioner must file a Report of Sale and Cost of Sale within three business days after the sale.
The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale no later than three business days after the date of sale.
Page 18 | 908.5 CONFIRMATION OF REPORT OF SALE
If no objections have been filed, the sale is deemed confirmed ten days after the report is filed.
Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed
Page 18 | 908.5 CONFIRMATION OF REPORT OF SALE
If joint custodians do not agree, either party may file a motion to change custody or time-sharing within 20 days after service of the relocation notice.
Either party may file a motion for change of custody or time- sharing within 20 days of service of the notice if the custodians are not in agreement;
Page 25 | Regarding relocation of the child's residence
If relocation affects court-ordered visitation, the non-custodial parent may file a motion contesting the visitation change within 20 days after service of the notice.
If the court ordered visitation is affected by the relocation, the non-custodial parent may file a motion contesting the change in visitation within 20 days of service of the notice.
Page 25 | Regarding relocation of the child's residence
An eligible person may apply for pretrial diversion after indictment and no later than 30 days before trial.
A. After indictment in circuit court, and no later than 30 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.
Page 28 | 806.3 PROCEDURE
The court must review a protective-order petition immediately upon filing.
The court shall review a petition for a protective order immediately upon its filing.
Page 2 | Uniform Protocol for Handling Cases
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
An action on the Civil Docket with no step indicating an intent to prosecute for one year may be dismissed on a party’s motion or on the Court’s own motion.
When any action has remained on the Civil Docket for one year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party or on the Court's own motion.
Page 12 | 902. DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE
The mediation period is tolled while a motion to disqualify the mediator is pending.
The time for mediation shall be tolled during any period in which a motion to disqualify is pending.
Page 13 | 905.2 REFERRAL TO MEDIATION
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 2 | Uniform Protocol for Handling Cases
Service and Proof of Service Rules
When service is required by CR 77.04, counsel preparing an order or judgment must give the Clerk enough copies and properly addressed stamped envelopes to complete service; counsel may waive service and notice of entry.
Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77.04. Counsel may waive service of any order or judgment, and notice of entry.
Page 7 | 206. ENTRY OF ORDERS AND JUDGMENTS
A copy of the proposed order or judgment must be sent at the same time to opposing counsel or, if the party is unrepresented, to that party’s address of record.
with a copy simultaneously remitted to opposing counsel. If a party is not represented by counsel, then the copy shall simultaneously be remitted to said party's address of record.
Page 7 | 206. ENTRY OF ORDERS AND JUDGMENTS
If the referral is not agreed, the motion must be placed on the motion docket and proper notice given to all parties.
If not agreed, the motion must be placed upon the motion docket with proper notice given to all parties.
Page 10 | 701. PRACTICE AND PROCEDURE BEFORE THE DOMESTIC RELATIONS COMMISSIONER (D.R.C.)
The D.R.C. must file the final report with the Circuit Court Clerk and serve it on counsel for each party.
The final report of the D.R.C. shall be filed with the Office of the Circuit Court Clerk and shall be served by the Commissioner upon counsel for each of the parties.
Page 11
An order may not be heard unless it has been served on the person named in it by an officer authorized to serve a summons.
No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons.
Page 12 | 901. PROCEDURE ON RULES FOR CONTEMPT
A copy of the confirmation order must be served on the purchaser.
A copy of the order of confirmation shall be served upon the purchaser.
Page 18 | 908.5 CONFIRMATION OF REPORT OF SALE
Before a joint custodian relocates, notice must be served on the non-relocating joint custodian.
before a joint custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non- relocating joint custodian.
Page 25 | Regarding relocation of the child's residence
Before a sole custodian relocates, notice must be served on the non-custodial parent.
B. Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent.
Page 25 | Regarding relocation of the child's residence
A party may serve written objections on the other parties within ten days after being served notice that the report was filed.
Pursuant to FCRPP 4(4), within ten (10) days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.
Page 11
Filing Fees and Waivers
D.R.C. fees must be paid to the Circuit Court Clerk pursuant to FCRPP 4(6).
D.R.C. fees are to be paid to the Circuit Court Clerk pursuant to FCRPP 4(6).
Page 11 | 702. COMMISSIONER'S FEES AND HEARING SCHEDULE
If parenting classes are ordered, a fee of up to $5 may be required, except when a party is unable to pay.
If parenting classes are ordered, a fee of no more than $5.00 may be required, unless a party is unable to pay.
Page 11
The Master Commissioner may charge and collect a fee under Part IV Section 6 or 18 of the Administrative Procedures of the Court of Justice.
The Master Commissioner may charge and collect a fee in accordance with Part IV Sections 6 or 18 of the Administrative Procedures of the Court of Justice.
Page 19
Money paid into Court under CR 67.01 must be paid to the Master Commissioner, who may charge the stated graduated fee, capped at $5,000.00.
C. Any money paid into Court pursuant to CR 67.01 shall be paid to the Master Commissioner, who is authorized to charge a fee as follows: i. 3% of first $2,000.00; ii. 2 ½% of the next $3,000.00; III. 1½% for any amount in excess of $5,000.00, total fee not to exceed $5,000.00.
Page 19
The D.R.C. may recommend in the final report that one party reimburse the other for all or part of the fee.
The D.R.C., in the final report, may include a recommendation that one party reimburse the other for all or part of the fee.
Page 11 | 702. COMMISSIONER'S FEES AND HEARING SCHEDULE
Courtesy Copy Requirements
Legal briefs must be filed with the Clerk; copies of cited cases must not be filed and must instead be placed in the Judge’s basket with a copy of the brief.
208.3 Legal briefs shall be filed of record in the Clerk's office. Copies of cases cited therein shall NOT be filed, but shall be placed in the Judge's basket along with a copy of the legal brief.
Page 8 | 208. MOTIONS, PLEADINGS, AND BRIEFS
Sealing & Redaction Procedures
A. Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. B. No part of the mediation proceedings shall be considered a public record. C. There is no confidentiality and no restriction on disclosure under this rule to the extent that: i. All parties consent in writing to disclosure; or
A. Except as otherwise provided by this rule or ordered by the Court for good cause shown, all mediation documents and mediation communications are confidential and shall not be disclosed. They are not subject to disclosure through discovery or any other process, and are not admissible into evidence in any judicial or administrative proceeding. B. No part of the mediation proceedings shall be considered a public record. C. There is no confidentiality and no restriction on disclosure under this rule to the extent that: i. All parties consent in writing to disclosure; or
Page 14 | 905.4 CONFIDENTIALITY
Pre-Motion Conference Requirements
Before filing a discovery-compulsion, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.
A motion to compel discovery, for a protective order, or for sanctions, may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
Adjournment & Extension Requirements
The court may extend the deadline by up to 30 days upon motion and a showing of good cause.
Upon motion and good cause shown, the court may extend the deadline for a period not to exceed 30 days.
Page 17
The response-filing time may be extended on oral or written motion for good cause, including consideration of the motion's and supporting memorandum's length and complexity.
the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum.
Page 6 | 203. MOTIONS IN CIVIL CASES — 203.1 FORM OF MOTION
Once the final trial is scheduled, a continuance may be granted only upon a showing of good cause.
Once the final trial is scheduled, a continuance may be granted only for good cause shown.
Page 10 | 701. PRACTICE AND PROCEDURE BEFORE THE DOMESTIC RELATIONS COMMISSIONER (D.R.C.)
Chambers Communication Rules
At mediation's conclusion, the mediator must report that the process has ended and, if no agreement is reached, report that fact without comment or recommendation; with the parties' consent, the report may identify matters whose resolution could facilitate settlement.
906.5 At the conclusion of cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.
Page 15 | 906. REPORTING TO THE COURT
The mediator must promptly notify the Court when a case is not accepted for mediation.
906.1 The mediator shall notify the Court promptly when a case is not accepted for mediation.
Page 15 | 906. REPORTING TO THE COURT
Upon entry of the order assigning the matter to the D.R.C., counsel should contact the D.R.C.'s office staff to schedule a hearing time.
Upon entry of the order assigning the matter to the D.R.C., counsel should contact the D.R.C.'s office staff to schedule a hearing time.
Page 10 | 701. PRACTICE AND PROCEDURE BEFORE THE DOMESTIC RELATIONS COMMISSIONER (D.R.C.)
Petitioners seeking to initiate contempt proceedings should contact the Court Clerk during business hours; after hours, they should follow the direction in section IIB.
Petitioners seeking to initiate contempt proceedings should contact: The Court Clerk during business hours. If it is after business hours, see IIB.
Page 4 | IV. Contempt Proceedings