Wolfe County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A respondent must appear on the noticed hearing date but may be entitled to a continuance if served fewer than seven days before that date.
- An attorney unable to attend a motion must immediately contact the moving attorney to try to agree on a new hearing time; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge and file it with the Clerk.
- After a trial date is set, a continuance may be granted only for reasons the Court finds unavoidable and unforeseeable on the date the trial was set.
- +1 more
Request must include
Communication
Phone
Phone
Chambers
Document Format Requirements8 rules
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.
A written motion must be filed by a party seeking a judgment by default under CR 55.01.
- Default judgment motions
Formatting
- •The motion must be in writing
C. In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the parties shall submit proof by written interrogatories.
Such orders shall be by separate styled instruments and not on the same page as the motion.
C. Sales may only be cancelled through the Master Commissioner's Office and Circuit Judge's Office in writing.
When answering interrogatories or requests for admissions, the replying party shall set forth immediately proceeding each answer the question or the request to which the answer is responsive.
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.
Document Filing Requirements81 rules
The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
The notice of the hearing shall specify the date, time, and place for the hearing.
The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.
All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.
- Document
- Order decree or judgment
Must include
- •Certificate of service
A party seeking a show-cause order for contempt must file a motion supported by an affidavit sufficiently showing entitlement to the order.
Court's wording
To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.
In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.
When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the 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, AN ORDER FOR YOUR ARREST WILL BE ISSUED.
A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.
The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.
An adoption petition must be filed pursuant to KRS Chapter 199 and FCRPP 32 and 33.
Court's wording
The petition shall be filed pursuant to KRS Chapter 199, and in accordance with FCRPP 32 and 33, and a Guardian ad Litem (GAL), shall be appointed for the child(ren), unless the provisions of KRS 199.480(3) are met.
No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.
Any expenses paid by the prospective adoptive parents) shall be submitted to the Court per KRS 625.0405(2).
Counsel must tender a notice conforming to the hearing date and have it noticed to all necessary parties.
Court's wording
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32.
Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.
The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.
A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and fee details, and the disposition date.
Court's wording
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 proceeding have been concluded and the date of disposition.
The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.
It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction;
The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.
The petition process must include full information about the child’s parents and addresses, and the petitioner must diligently try to locate them, including through the listed contacts.
Court's wording
Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.
The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.
The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.
An ex parte motion relating to these issues must be accompanied by supporting affidavits sufficient to state grounds for injunctive relief.
In addition to the requirements of FCRPP 9, a motion for temporary child support shall be accompanied by verification of child care and health insurance cost if applicable.
provide signed releases upon request for relevant information.
D. In uncontested cases involving minor children, a child support worksheet shall be provided to the Court even if a deviation has been agreed upon.
If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing an agreed order to submit in the Circuit Court Clerk's office in the county where the case is filed and tendering a proposed decree of dissolution of marriage and all requisite information required by FCRPP 3(1).
A complaint pursuant to KRS Chapter 630, Status Offenders, shall be filed the Court Designated Workers by any adult who has a reasonable basis to lodge such complaint.
The Court shall explain to the child on the record his or her rights and the charge and shall utilize AOC-JV-49 Notice of Juvenile Rights and Consequences for Status Offenders.
If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40,
Summons show issued to the parents or other person exercising custodial control or supervision upon falling of the petition, setting a date for initial appearance.
Copies of family court videos of in-chambers interviews with children may not be released without a specific written order, and a request for that order must be made by written motion stating the reason and proposed use.
Court's wording
The Circuit Court Clerk's Offices in the 39" Judicial Circuit shall not release any copies of family court video in chamber interviews with children without a specific written order from the presiding family court judge. An individual requesting such an order must file a written motion, for the request which specifically sets forth the reason for the request and the proposed use thereof.
A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
The Circuit Clerk's Office in the 39" Judicial Circuit shall not release any copies of family court confidential video records without a specific written order from the presiding family court judge an individual request in such an order must follow written motion which includes notice to all parties including the Guardian ad Litem, setting forth the reason for the request and the proposed use thereof.
The defense attorney must submit the diversion application to the Circuit Judge and Commonwealth Attorney, state the speedy-trial waiver in the application, and obtain the defendant’s on-record agreement to that waiver.
Court's wording
B. The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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.
A diversion order must address restitution when applicable, supervision status and fees, duration, compliance with Probation and Parole rules, and the defendant's obligation not to commit offenses and to comply with applicable conditions.
Court's wording
B. The Order of Diversion shall include : 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion . The defendant shall be specifically directed to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
If the Commonwealth Attorney recommends diversion, AOC Form 347 must be filed with the Circuit Court Clerk and signed by the defendant, defense attorney, and Commonwealth Attorney.
Court's wording
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk .
The Court may order diversion for eligible petitioners on appropriate terms and conditions, using AOC Form 345 for the order.
Court's wording
The Cowl may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate . AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .
The Commonwealth must provide a written recommendation for each application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application . AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
When recommending diversion, the Commonwealth must submit written recommendations about diversion conditions and the appropriate sentence if the agreement is unsuccessful.
Court's wording
3. 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 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose .
In the application 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 .
If the Commonwealth Attorney recommends diversion, the signed AOC Form 347 containing the recommendation must be filed with the Circuit Court Clerk.
Court's wording
In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.
The Order of Diversion shall include: l. Restitution, where victim has suffered monetary damage.
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 .
The Commonwealth shall make a written recommendation to the Court in response to each application.
Have the Office of Probation and Parole prepare a partial pre-sentence investigation report .
A diversion order must state whether supervision is supervised or unsupervised and include applicable supervision fees; supervised diversion carries a monthly fee of $10 to $25.
Court's wording
The Order of Diversion shall include: 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10 .00 or more that $25 .00 shall be imposed on the divertee .
AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.
AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .
AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.
The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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 ofthe charge against him/her is waived.
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).
The Commonwealth must provide a written recommendation for each application using AOC Form 347.
Court's wording
The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose.
The diversion order must address restitution when applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include: 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533.030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion. The defendant shall be specifically directed to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .
The Court may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate. AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.
Have the Office ofProbation and Parole prepare a partial pre-sentence investigation report.
If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly.
F. There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.
Filing & Service rules
Electronic Filing Rules
Motions must be e-filed with the Clerk unless an exception applies, including when e-filing is not required by law.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
Page 10 | 203 MOTIONS; A. FORM OF MOTIONS
Emergency Protective Orders must be filed electronically through eque/ewarrants by a law enforcement officer or the appropriate Circuit Clerk's office.
Emergency Protective Orders shall be filed electronically by and through a law enforcement officer or the appropriate Circuit Clerk's office through eque/ewarrants.
Page 14 | 401 PROCEDURES FOR FILING AND OBTAINING EMERGENCY PROTECTIVE ORERS
Filing Timing and Cure Windows
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
Motions for the Motion Docket must be filed in the county of the proceeding at least seven days before Motion Hour; if the deadline falls on a day the Clerk’s Office is closed, filing is due by its close the preceding day, and late motions must be re-noticed.
Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour. In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day. All motions not timely filed shall be re-noticed for hearing on a day and time certain.
Page 10 | 203 MOTIONS; B. DEADLINE FOR SERVING AND FILING MOTIONS
CHFS, GAL, and other agency reports must be filed within 45 days after the petition is filed, unless the Court extends the time.
Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.
Page 12 | 301 ADOPTION PROCEEDINGS, B. REPORTS
The petitioner must obtain a pretrial date immediately upon filing.
Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
Counsel must obtain the final hearing date within the time period required by statute.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Page 13 | 302 VOLUNTARY TERMINATION PROCEEDINGS — C. HEARINGS
Counsel must tender the required paperwork and orders seven days before the hearing.
Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.
Page 13 | D. FINAL HEARING DATES
A Guardian ad Litem must file an answer or a report that no defense can be presented within 60 days of appointment.
Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
The Disposition Report must be filed and distributed seven days before the disposition hearing or review.
The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.
Page 17 | RULE 6 DEPENDENCY, NEGLECT, AND ABUSE
If a Warning Order Attorney was appointed, that attorney’s report must be filed before assignment of the final contested hearing or submission upon deposition.
C. If a Warning Order Attorney was appointed the Warning Order Attorney's report must also first be filed before an assignment of the final contested hearing or submission upon deposition.
Page 19 | 707 TIME OF FINAL CONTESTED HEARING OR SUBMISSION
Before a contested final hearing, the Final Verified Disclosure Statement AOC-239 must be filed in the record.
Prior to a contested final hearing a Final Verified Disclosure Statement AOC- 239 shall be filed in the record and served upon the other party.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference 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 | Procedure
An eligible person may apply for pretrial diversion after indictment and no later than the pretrial conference.
After indictment in Circuit Court, and no later than the pre-trial conference 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 7 | III. Procedure
A response, if desired by a party or ordered by the Court, must be filed with the Clerk before the motion hearing unless the Court fixes a different time.
If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
Motions filed no later than three business days before a motion day are docketed for that day; later motions are docketed on the following motion day unless the parties agree otherwise.
D. The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
In the specified civil cases, prevailing counsel must prepare a conforming Order or Judgment within seven business days after the Order or Verdict, unless the Court directs otherwise.
A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict, unless directed otherwise by the Court.
Page 6 | RULE 9 - ENTRY OF ORDERS AND JUDGMENTS AND SERVICE
The statement of appeal must be filed within 30 days after the first notice of appeal unless an extension is obtained under CR 74.
If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.
If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.
Page 8 | RULE 15 - APPEALS FROM DISTRICT COURT
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
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
When a qualifying agreed order is submitted to the Clerk before the docket call, counsel need not attend that call.
If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket.
Page 11 | 204 ORDERS, B. AGREED ORDERS
The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.
The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.
Page 13 | 303 INVOLUNTARY TERMINATION — D. HEARINGS
Failure to file an answer or report within 60 days of notification of appointment may result in sanctions and removal from the appointment list.
The failure of the Guardian ad Litem to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Family Court Guardian ad Litem appointment list.
Page 15 | 504 • GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
Counsel or parties may tender a proposed order, decree, or judgment no later than the hearing date.
Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.
Page 11 | 204 ORDERS, A. PREPARATION
Service and Proof of Service Rules
Copies of motions must be served on all parties by mail, hand delivery, or electronic transmission under CR 5.02, unless an exception applies.
Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.
Page 10 | 203 MOTIONS; A. FORM OF MOTIONS
A show-cause order cannot be heard unless an officer authorized to serve a summons has served it on the person named in the order.
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 11 | 204 ORDERS, C. SHOW CAUSE ORDERS
If the defaulting party has appeared, the default-judgment motion must be docketed and written notice must be served on the party or representative at least seven days before the noticed docket.
If a party in default has appeared in the action, the motion shall appear on a docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least seven (7) days prior to the noticed docket.
Page 12 | 205 DEFAULT JUDGMENT
A copy of the Order must be served on any appointed counsel immediately after the appointment.
A copy of the Order shall be served upon any appointed council immediately following appointment.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
Counsel must provide notice of the hearing date to all necessary parties.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Page 13 | 302 VOLUNTARY TERMINATION PROCEEDINGS — C. HEARINGS
The petitioner must serve the Order on the parents and GAL with the Petition and Summons.
shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
Reports for annual permanency reviews must be delivered to counsel, pro se litigants, and the Guardian ad Litem seven days before the hearing.
Annual permanency reviews shall be held pursuant to KRS 610.125 and all reports shall be delivered to counsel, pro se litigants, and the Guardian ad Litem seven (7) days in advance of hearing dates.
Page 17 | RULE 6 DEPENDENCY, NEGLECT, AND ABUSE
When ordered, case progress reports must be delivered to each party in cases involving a child committed to the Cabinet.
The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.
Page 17 | RULE 6 DEPENDENCY, NEGLECT, AND ABUSE
A copy of the Disposition Report must be given to counsel, pro se litigants, and the Guardian ad Litem seven days before the disposition hearing or review.
The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.
Page 17 | RULE 6 DEPENDENCY, NEGLECT, AND ABUSE
Unless the parties agree or good cause is shown, required information for a motion to modify child support must be exchanged at least ten days before the hearing for the motion to be heard.
Any motion to modify child support shall comply with FCRPP 9, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
A parent or custodian intending to move with the children must give the other parent or custodian written notice at least 60 days before the move, but a domestic violence petitioner’s residential address need not be included if an order exists.
Pursuant to FCRPP 7(2), if other parent or custodian intends to move with the children from his or her present residence, he or she shall give written notice to the other parent or custodian at least 60 days prior to such move. Residential addresses of domestic violence petitioners shall not be required in the notice if there is an existing domestic violence order.
Page 18 | 703 RELOCATION OF CHILDREN
Unless the parties agree or good cause is shown, required information for a motion to modify maintenance must be exchanged at least ten days before the hearing for the motion to be heard.
Any motion to modify maintenance shall comply with FCRPP 5, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
Each party must serve the preliminary disclosure statement within 45 days after service of the petition, unless good cause is shown or the parties proceed by agreed order.
A. Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information. The exchange of these disclosures shall occur within forty-five (45) days of service of the petition on the Respondent.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Before a contested final hearing, the Final Verified Disclosure Statement AOC-239 must be served on the other party.
Prior to a contested final hearing a Final Verified Disclosure Statement AOC- 239 shall be filed in the record and served upon the other party.
Page 19 | 706 VERIFIED DISCLOSURE STATEMENTS AND RELEASES
Counsel must receive the dispositional report at least two business days before the disposition hearing.
At least two (2) business days prior to the disposition hearing, counsel shall receive a dispositional report to assist in final disposition.
Page 21 | RULE 8 STATUS OFFENSES
The CDW must certify a copy to the listed recipients, and the certification requirement applies to orders entered in status proceedings.
and the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ), and the Court/School Liaison. This certification shall apply to any orders entered by the Court in the status proceedings.
Page 21 | RULE 8 STATUS OFFENSES
The Court may void participation in pretrial diversion after a hearing with notice to the Commonwealth and the defendant, upon a showing of noncompliance or unsatisfactory progress.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .
Criminal cases
Page 9 | Voiding a Diversion Order
If both agreements are rejected, the Court must notify the parties and advise the defendant of the two plea options and their consequences.
If the plea agreement AND the diversion agreement are rejected, the Court shall notify the parties and advise the defendant he/she has the option of withdrawing the plea and proceeding to trial, OR maintaining the plea with the knowledge the Court will not order diversion but instead will impose a sentence within the penalty range permitted by law.
Criminal cases
Page 14 | Order of Pretrial Diversion
E. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service. Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.
E. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service. Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.
Page 3 | RULE NO. 1-MOTION DAYS AND MOTIONS
Due notice must be given of the deposition’s time and place and the witnesses to be deposed, unless the parties agree on those matters.
A. Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken unless said matters are agreed upon by the parties, as in other cases.
Page 4 | RULE 3 - VIDEO DEPOSITIONS
Unless the Court orders otherwise or good cause is shown, each party must submit a tendered witness list and exhibit list to all other parties seven days before trial.
Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties.
Page 4 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES
The Circuit Clerk must mail or deliver copies of all Orders to the persons on the Distribution list and certify each mailing or delivery by marking the list and initialing and dating it.
The Circuit Clerk shall distribute copies of all Orders by mail or delivery to the persons listed under DISTRIBUTION, shall certify mailing or delivery by making a check mark by the person listed, and shall initial and date the same at the bottom of the Distribution list.
Page 6 | RULE 10 - DISTRIBUTION OF ORDERS
The Judge may allow the specified hearings to proceed without service on the non-custodial parent if the petitioner’s diligent service efforts are established on the record and that parent is not the named perpetrator.
The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that petitioner has made diligent efforts to serve all other parties, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent Parent, and that parent is not the named perpetrator of the alleged neglect or abuse.
Page 16 | 603 THE EFFECTS OF SERVICE ON ONLY ONE PARENT/PERSON EXERCISING CUSTODY AND CONTROL OR SUPERVISION
After a hearing and notice to the Commonwealth and defendant, the Court may void diversion participation upon the specified showing, using AOC Form 346 for the order.
After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress . AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.
Criminal cases
Page 14 | Voiding a Diversion Order
Current financial documentation need not be exchanged for post-decree motions to enforce maintenance or child-support orders.
The exchange of current financial documentation shall not be required for post decree motions to enforce maintenance or child support orders.
Page 18 | 705 MOTIONS TO MODIFY OR ENFORCE CHILD SUPPORT OR MAINTENANCE
Filing Fees and Waivers
If a sale is cancelled, the Master Commissioner Fees and Costs must be filed and paid in accordance with law.
D. If a sale is cancelled, the Master Commissioner Fees and Costs will be filed and paid in accordance with the Law.
Page 5 | RULE 7 - MASTER COMMISSIONER
Filing a proper notice of appeal requires payment of any costs required by the Civil Rules.
Upon the filing of a proper notice of appeal in the District Court, and the payment of costs as may be required by the Civil Rules, the Circuit Clerk shall place a copy of the notice of appeal in the box of the Circuit Judge.
Page 7 | RULE 15 - APPEALS FROM DISTRICT COURT
Sealing & Redaction Procedures
When personal identifiers are required or appear in filed documents or exhibits, parties must file a redacted record copy and an unredacted copy for sealing; access to the sealed copy is restricted, and minor children's names are not personal identifiers under this section.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 by filing one copy from which any personal data has been redacted for the record and filing an unredacted copy designed to be sealed. B. The clerk of the court shall allow the unredacted sealed copy of the pleading. document, or exhibit containing personal identifiers to be assessed only by a party to the case, an attorney of record in the case, a judge of the court or other authorized or 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. C. The clerk of the court shall place a marked envelope for filing sealed documents in each unsealed record filed under the jurisdiction of the 39th Judicial Circuit when the action is commenced or when unredacted documents are filed and have been designated as containing personal identifying information to be sealed. The clerk shall place the unredacted documents in the envelope when filed, and shall not release the envelope to any unauthorized person. D. Notwithstanding KRS 403.135, as used in this section, "personal identifier" means a Social Security number or taxpayer identification number, date of birth, or financial account number, and does not apply to names of minor children.
Page 22 | RULE 9 MISCELLANEOUS — 901 PERSONAL IDENTIFIERS
Pre-Motion Conference Requirements
Before filing the specified discovery-related motions, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.
A motion to compel disclosure statements, releases, discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 10 | 203 MOTIONS; A. FORM OF MOTIONS
Adjournment & Extension Requirements
An attorney unable to attend a motion must immediately contact the moving attorney to try to agree on a new hearing time; if unsuccessful, the party seeking a continuance must immediately file a written motion stating the reasons and send a copy to the Judge and file it with the Clerk.
RULE 2 - CONTINUED MOTIONS An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.
Page 3 | RULE 2 - CONTINUED MOTIONS
After a trial date is set, a continuance may be granted only for reasons the Court finds unavoidable and unforeseeable on the date the trial was set.
D. Once a trial date has been set, neither party shall be granted a continuance unless the Court is satisfied that the reasons were both unavoidable and unforeseeable on the setting date.
Page 5 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES
A respondent must appear on the noticed hearing date but may be entitled to a continuance if served fewer than seven days before that date.
The Respondent shall appear on the date noticed for hearing, but may be entitled to a continuance if served less than seven (7) days from the date noticed.
Page 11 | 204 ORDERS, C. SHOW CAUSE ORDERS
At the criminal pretrial conference, the case is assigned a trial date or may be continued for further action.
At the pretrial conference, the case shall be assigned for trial on a day certain or may be continued for further action.
Page 5 | RULE 6 - PROCEDURE IN CRIMINAL CASES
Chambers Communication Rules
After the statutory periods have elapsed, necessary parties have been notified, and the GAL and CHFS reports are filed, petitioner’s counsel must obtain a hearing date directly from the Court.
After the statutory time periods have been met, counsel for the petitioner(s). on notice to the necessary parties, and after the Guardian ad Litem report and CHFS report has been filed, shall obtain a hearing date directly from the Court.
Page 12 | 301 ADOPTION PROCEEDINGS, C. HEARING DATES
Immediately after filing, the petitioner must obtain a pretrial date directly from the Court.
Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.
Page 13 | 303 INVOLUNTARY TERMINATION — C. PRETRAIL DATE
Petitioner's counsel must obtain a final hearing date directly from the Court within the statutory time period.
Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.
Page 13 | 302 VOLUNTARY TERMINATION PROCEEDINGS — C. HEARINGS
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669. No such requests shall be made to the local Pretrial Service Officer.
Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669. No such requests shall be made to the local Pretrial Service Officer.
Criminal cases
Page 8 | III. Procedure
Attorneys must promptly notify the Court and all other counsel of circumstances requiring absence or tardiness.
Attorneys shall be punctual in all court appearances and shall give prompt notice to the Court and to all other counsel in the case of any circumstances requiring his or her absence or tardiness.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
Attorneys must promptly inform the Court of any partial or complete settlement or continuance of a matter set for hearing or trial.
They will promptly inform the Court of any settlement, partial or entire, with any party or the continuance of any matter set for hearing or trial.
Page 7 | RULE 14 - PUNCTUALITY, EXPEDITION AND SETTLEMENT
Petitioners should contact the County Attorney's Office about criminal charges or the Circuit Court Clerk's Office about civil contempt charges.
Petitioners seeking to initiate contempt proceedings should contact: - Their respective County Attorney's Office if they seek to file criminal charges, OR Their respective Circuit Court Clerk's Office if they seek to file civil contempt charges.
Page 6 | IV. Contempt Proceedings
If parties believe issues need to be addressed before trial through a pretrial conference, they are encouraged—not required—to contact the Judge’s office by phone to arrange a special conference or telephone conference.
If any of the parties feel there are issues that must be addressed prior to trial via a pretrial conference, the parties are encouraged to contact the Judge's office at 606-666-7130 or at lisawhisman@kycourts,net and either a special time and date will be set for a pretrial conference or a pretrial telephone conference may be held.
Page 4 | RULE 4 - PRETRIAL CONFERENCES AND ASSIGNMENT OF CASES FOR TRIAL - CIVIL CASES