Woodford County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy • Email • Upon Filing
Order Confirming Sale
Order for Distribution
Proposed Judgment, Proposed Order
- 1 copy • At Least 7 Days Before Hearing
Communication
Phone
Fax
Phone
Clerk
Document Format Requirements7 rules
Any pleading filed that has two-sided text shall be rejected by the Clerk and shall not be placed on the motion docket.
Motions, pleadings, and orders must use legible ink, letter-sized paper, double spacing except for real-property legal descriptions, and at least 12-point type, and may not be printed on both sides.
- Font size
- 12 points
- Line spacing
- Double
- Paper size
- Letter
- Motion
- Pleading
- Order
Formatting
- •Legal descriptions of real property are excepted from the double-spacing requirement
- •Documents may not be written on both sides of the paper
Court's wording
All motions, pleadings and orders shall be written on letter-sized paper, and the ink shall be legible. All motions, pleadings and orders shall be double-spaced, except for legal descriptions of real property, and shall be written in not smaller than a 12-point font. No motion, pleading, or order shall be accepted if it is written on both sides of the paper.
All documents shall be submitted to the Circuit Clerk and the Master Commissioner as single page documents. No double-sided copies will be accepted.
Formatting
- •Documents must be submitted as single-page documents
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.
Copies tendered for signature must be marked “COPY” on the first page; the clerk may hold noncompliant documents until compliance, and the Court may impose sanctions.
Court's wording
Each copy tendered to be signed shall be pre-marked "COPY" on the first and/or stamped addressed envelopes at the time tendered, the clerk may hold the order, page. In the event the attorney or party does not include the required number of copies decree, judgment, form or settlement agreement until compliance with this rule. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule.
Only petitions filed on Form AOC-DNA-1 shall be accepted by the Circuit Clerk as an initiating document.
A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution.
Document Filing Requirements176 rules
A merits motion must include a brief statement of its grounds and supporting authorities, and omission may be grounds to overrule it.
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 Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion.
Notice of the motion shall specify the date, time, and place of the hearing.
Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.
shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.
Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.
The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.
For a designated final pretrial conference, the listed motions, stipulations, proposed instructions, trial materials, objections, and other court-designated matters must be timely filed for consideration at the conference.
Court's wording
If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.
A proposed default judgment must be tendered with the motion for default judgment or at the time of the hearing of said motion.
The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04.
Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket.
Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.
All depositions shall be filed with the Circuit Clerk of the county in which the action is pending or sent in by registered mail to the Clerk for filing.
Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court.
- Document
- Matter submission
Must include
- •Proposed order
If mediation resolves a matter on the trial calendar, counsel must notify the Court in writing as soon as possible.
Court's wording
If an agreement is reached at mediation that resolves the matter and that matter is on the Court’s trial calendar, at the earliest possible convenience, counsel shall notify the Court in writing that the matter has resolved and may be removed from the Court’s trial calendar.
In addition, a written offer on a plea of guilty shall be provided by the
An offer sheet must be signed by the prosecutor, defendant, and defense counsel; be legible and clearly state any charge amendments or dismissals and their bases; and be filed by the date the plea is taken.
Court's wording
All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken. The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.
A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.
A DUI guilty plea form shall also be filed in the record in any matter in which the defendant pleads guilty to driving under the influence.
If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.
- Document
- Felony diversion motion
Must include
- •Proposed order
Commonwealth on or before the first status conference post arraignment or a declination to make an offer must be provided in writing.
The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.
Before permission to withdraw is granted, retained trial counsel must prepare and file the listed notice, motion, affidavit, and orders.
Court's wording
Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.
The Order shall be sufficiently specific to indicate clearly the purposes of the references and the duties to be performed by the Master Commissioner thereunder.
A judicial-sale referral must use form AOC-141S or AOC-141SP.
Court's wording
For judicial sales referred to the Master Commissioner, the AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or the AOC-141SP (Order Referring Case to Special Master Commissioner for Judicial Sale), shall be utilized.
For all other matters referred to the Master Commissioner, the AOC-141 (Order Referring Case to Master Commissioner) shall be utilized.
An attested copy of the Order referring the case to the Master Commissioner shall be delivered to the Master Commissioner’s office.
Upon approval, a sufficient number of copies along with self-addressed stamped envelopes shall be submitted to the Master Commissioner who shall then deliver the Judgment or Order to the Court for approval and entry.
Covered judgments or orders must be submitted to the Master Commissioner in advance for review and certification of compliance.
Court's wording
In addition to the requirements of these Local Rules, all Judgments or Orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Master Commissioner, or directing the delivery of a deed shall be submitted to the Master Commissioner in advance for review and certification that it complies with AP Part IV and any other applicable rules and statutes.
A judgment or order directing a sale or deed must include the specified property, title, party, signature, service, attorney-contact, and copy information.
- Document
- Judgment or order directing sale or deed
Must include
- •Certificate of service
Court's wording
Every Judgment or Order of the Circuit Court directing the Master Commissioner to sell property or to execute or deliver a deed shall contain: 1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with 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; 2. The name of the party or parties whose interest is being sold or conveyed; 3. The source of the party or parties’ title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited; 4. A signature and date line for the Master Commissioner; 5. A prepared by signature line of the attorney submitting the order; 6. A certificate of service by the Circuit Court Clerk; 7. Email address, physical address, and phone number of attorney submitting document; 8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;
Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds.
Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court:
Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;
It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record;
Before conducting a sale, the Master Commissioner shall place an advertisement in a newspaper meeting the requirements of KRS 424.120, and setting forth the time, terms, place of sale and description of the property to be sold.
In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.
It shall be the requirement of the party moving for the sale to properly set forth in the record all outstanding amounts due for taxes and assessments, with payoffs through the date of confirmation of sale, and payment of purchase price.
Orders associated with motions for distribution must be submitted to the Master Commissioner for review and approval with an appropriate number of copies for the Court, Master Commissioner, and parties listed on the Certificate of Service, plus postage-paid envelopes.
Court's wording
Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.
All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.
For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.
who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.
All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.
Orders authorizing a deed or distribution of sale proceeds in actions requiring a CR 4.11 bond must contain the specified constructive-service and bond language.
Court's wording
All Orders authorizing the deed or distribution of sale proceeds in any action in which a bond under C.R. 4.11 is required must contain the following language” “The Defendant(s), ________________________________, are before the Court solely by constructive service. Therefore, prior to the distribution of sale proceeds, or the delivery of a deed, the movant shall post a bond pursuant to CR 4.11 in the penal sum of $________________ and furnish the Master Commissioner a copy thereof before entry of this Order.”
When a defendant was constructively served, an order for delivery of a deed or distribution of sale proceeds must be accompanied by a court-approved bond of at least the higher of the property’s appraised value or sale price, with court-approved surety; no bond is required for constructively served defendants designated as unknown tenants or occupants.
Court's wording
In accordance with CR 4.11, in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court. The bond shall not be required for those Defendants constructively served who are designated as unknown tenants or occupants.
Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF.
AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered.
Before a Judgment is tendered to the Master Commissioner for approval, the party tendering the Judgment must certify in writing to the Master Commissioner that a due diligence search has been made (i.e., newspaper, online obituary, probate Court records) to ascertain the identity of the deceased party’s heirs, devisees, and their respective spouses.
This certification is not to be included in the Judgment nor it is to be filed in the Court record.
C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250 (2)
B . In applying for pretrial diversion, counsel for 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.
3 . When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252 (3)
The Order of Diversion must state applicable restitution, supervision status and any applicable supervision fees, the diversion duration, required compliance with Probation & Parole rules, and the specified conduct conditions.
Court's wording
B . The Order of Diversion shall include : l . Restitution, if applicable. 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5 . As required by KRS 533 .030 (1) [conditions of probation-restitution], direct the defendant not 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.
"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court. The agreement of participation will include the requirements of the program for each phase. The standard terms of the agreement may be altered, added to, or subtracted from by agreement of the Commonwealth, the Defendant and the Court.
Upon receipt of a written order of referral from a judge, BSW-MHC staff shall determine whether a person is eligible for the program using the following criteria.
If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by BSW-MHC. The evaluator will include reasons as to the candidate's ineligibility.
Non-team members can be allowed to attend the staffing, but only upon approval by judge and after signing a confidentiality agreement.
The defendant will sign the Agreement of Participation.
An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.
It a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by BSW-MHC.
The Agreement of Participation must state standardized requirements for each phase; any alteration of those requirements must be agreed to by the parties.
Court's wording
The Agreement of Participation shall include standardized requirements for each phase of the program. The requirements may be altered on a case-by-case basis to suit the needs of the individual defendant. Any alteration of standard phase criteria must be done by agreement of the parties.
An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.
After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by BSW-MHC. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.
Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the sentencing judge shall complete an order transferring the case to Mental Health Court.
Filing & Service rules
Electronic Filing Rules
An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.
An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.
Page 12 | XIV. SUBMISSION OF MATTERS
Faxed or emailed pleadings and other documents are not accepted as filings, except for ex parte matters or emergency orders and as otherwise provided by the applicable rules.
Faxed or emailed pleadings or other documents, other than one which may be heard ex parte or are emergency orders, shall not be accepted by the Circuit Clerk, shall not be placed in the Court record, and shall not be considered timely or properly filed, unless otherwise provided in these rules, the FCRPP, or the Kentucky Rules of Civil Procedure.
Page 5 | 204 Pleadings Generally, A.1
Filing Timing and Cure Windows
Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available.
F. Petitions 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 2 | Twenty-four Hour Accessibility
An electronically filed or physical-drop-box motion submitted after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.
Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.
Page 8 | VI. MOTIONS AND MOTIONS DOCKET
A motion or action may be placed on the motion docket only if notice is filed or a request is made before 4:00 p.m. at least one week before the designated motion hour.
No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.
Page 9 | IV. MOTION HOUR
A motion response must be filed by the time specified in the notice of hearing.
Such response shall be filed at or before the time specified in the notice of hearing of the motion.
Page 9 | IV. MOTION HOUR
An attorney must return a proposed order tendered by another attorney within seven days; the source text continues beyond this excerpt.
All proposed orders, tendered by an attorney to another attorney, must be returned within seven (7) days to the tendering attorney, either
Page 10 | VIII. ENTRY OF ORDERS AND JUDGMENTS
When attorneys are responsible for submitting the pretrial order, it is due no later than ten days after the pretrial conference.
If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
No further pleadings, proof, or briefs may be filed after submission unless the Court orders or allows filing for good cause shown.
No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.
Page 12 | XIV. SUBMISSION OF MATTERS
The plea motion must be filed at the time the Court takes the defendant’s plea.
A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.
Page 15 | XX. PLEA AGREEMENTS
If applicable, the felony-diversion motion and proposed order must be filed at the time the defendant’s plea is taken.
If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.
Page 15 | XX. PLEA AGREEMENTS
Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.
All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.
Page 15 | XX. PLEA AGREEMENTS
The listed documents must be filed before the Court grants permission to withdraw.
Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.
Page 16 | XXII. WITHDRAWAL BY RETAINED COUNSEL FROM CRIMINAL CASES ON APPEAL
The sale advertisement must be published at least once 7 to 21 days before the sale; additional publications are permitted if one falls within that period.
All sales shall be advertised in accordance with KRS 424.130 as follows: The advertisement shall be published at least once not less than seven (7) days nor more than twenty-one (21) days before the date of the sale, but may be published two or more times provided that one publication occurs not less than seven (7) days nor more than twenty-one (21) days before the date of sale
Page 21 | G. Terms and Conditions of Sale
Motions for distribution of cancelled sale costs or sale costs must be filed within 10 days after the Report of Sale or Cancelled Sale is filed.
Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale
Page 23 | H. Motions for Distribution
The Plaintiff or moving party must submit the order confirming sale, with sufficient copies and postage-prepaid envelopes, to the Master Commissioner within 20 days after the Report of Sale is filed.
an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale
Page 23 | J. Confirmation of Report of Sale
After a sale, the Master Commissioner must report their actions to the Court within three business days.
The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.
Page 23 | J. Confirmation of Report of Sale
If no exceptions are filed, the sale is deemed confirmed without a motion 10 days after the Report of Sale is filed.
Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed
Page 23 | J. Confirmation of Report of Sale
If the Plaintiff or moving party fails to submit the Order Confirming Sale within 20 days after the Report of Sale is filed, the Master Commissioner must terminate further interest accrual on the Judgment effective 20 days after that filing.
In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.
Page 24 | J. Confirmation of Report of Sale
All cancelled sale fees must be paid and an Order of Distribution entered before a new sale date is set or the case is dismissed.
All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.
Page 25
The Clerk must receive the JSAF and Order of Referral before accepting the Motion for Judgment and Order of Sale for filing.
The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.
Page 26
A new Order of Referral and JSAF must be in place before a rescheduling motion is filed or, if there is no motion, before the property is rescheduled for sale after the specified six-month period.
For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.
Page 26
An eligible person may apply for a Pretrial Diversion Order after indictment, but no later than 45 days before trial.
A. After indictment in Circuit Court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a Pretrial Diversion Order.
Criminal cases
Page 2 | III. Procedure
Responses must be filed with the Circuit Clerk by close of business 3 days before the scheduled motion date; an untimely response may support granting the motion or sanctions, including not considering the response.
All responses must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.
Page 4 | 203 Deadlines for Serving and Filing Motions, A
A notice of related cases, if any, is due when the initiating pleading is filed.
At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.
Page 4 | 105 Related Cases
Unless a rule or statute allows otherwise, motions set on a docket must be filed with the Circuit Clerk by close of business 10 days before the scheduled motion date.
Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 10 days in advance of the scheduled motion date.
Page 4 | 203 Deadlines for Serving and Filing Motions, A
Adoption final-hearing motions are noticed at the Court’s convenience, but an uncontested adoption hearing must be held within 30 days after the request is filed unless required documents remain unfiled.
A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.
Page 9 | 301 Petition
The VS-300 form is due when the Petition for Dissolution is filed.
A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution.
Page 17 | C
The Court, the juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before any proceeding or hearing.
At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents.
Page 20 | 803 Court Procedures
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
Page 26 | Uniform Protocol for Handling Cases
The protective-order hearing schedule must allow hearings to be held within 14 days of filing.
The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.
Page 28 | III. Assignment of Cases
If the Court requires trial briefs, the pretrial order must specify the filing time.
The Court may require each party to submit a trial brief, consisting of a short memorandum of his/her view of the facts and law on which s/he will rely, and if so, the Court shall fix the time for filing such briefs in the pretrial order.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
When a referenced exhibit is not filed and served with a pleading for which service is required, the opposing party need not file a responsive pleading until the exhibit is filed and a copy is provided.
If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.
Page 12 | XIII. EXHIBITS TO PLEADINGS
A matter is deemed submitted once all memoranda and/or briefs are filed and the moving party has tendered proposed judgments.
A matter shall be deemed submitted once all memorandums and/or briefs have been filed in the record and proposed judgments from the moving party have been tendered.
Page 12 | XIV. SUBMISSION OF MATTERS
Unless the Court orders otherwise, untimely filed or improperly noticed motions are automatically passed to the next appropriate motion hour.
Unless otherwise ordered by the Court, all motions untimely filed or improperly noticed shall be automatically passed to and docketed by the Circuit Clerk for the next appropriate motion hour.
Page 4 | 203 Deadlines for Serving and Filing Motions, B
Non-emergency Family Court motions must be noticed for the beginning of the appropriate regularly scheduled motion docket unless the Judge or Family Court Office advises otherwise.
Motions for matters in Family Court, not an emergency, shall be noticed for the beginning of the appropriate regularly scheduled motion docket, unless otherwise advised by the Family Court Judge or Family Court Office.
Page 4 | 203 Deadlines for Serving and Filing Motions, C
A Military Attorney who fails to file an answer or report within 60 days after notification of appointment may face sanctions and removal from the Military Attorney List.
The failure of the Military Attorney 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 Military Attorney List.
Page 23 | 905 Military Attorney
Service and Proof of Service Rules
Written motions other than ex parte motions, and their hearing notices, must be served at least one week before the hearing unless a different period is set by rule, statute, or court order.
Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order.
Page 8 | VI. MOTIONS AND MOTIONS DOCKET
A proposed order must be provided to all adverse parties for endorsement as “have seen.”
The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.
Page 10 | VIII. ENTRY OF ORDERS AND JUDGMENTS
The Commonwealth must provide any available discovery not already provided, including exculpatory discovery, at least one week before mediation.
The Commonwealth shall provide any available discovery not yet provided, to include any exculpatory discovery, at least one (1) week prior to the date of the mediation.
Page 15 | XIX. FELONY MEDIATION
Motions in limine and witness and exhibit lists must be exchanged by the date of the final pretrial conference.
All motions in limine, witness and exhibit lists shall be exchanged on or before the date of the final pretrial conference.
Page 16 | XXI. TRIALS
Discovery to be used at trial must be provided by the date of the final pretrial conference.
All discovery to be used at the trial of the matter shall be provided on or before the date of the final pretrial conference.
Page 16 | XXI. TRIALS
A copy of the order confirming sale must be served on the real-property purchaser.
A copy of the order of confirmation shall be served upon the purchaser of the real property.
Page 23 | J. Confirmation of Report of Sale
After setting a hearing’s time and place, the Master Commissioner must give written notice to the parties.
When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.
Page 28 | XXVI. Writ of Possession and Attachment Procedure
The Court may void participation in pretrial diversion only after a hearing with notice to the Commonwealth and defendant, and upon a showing of noncompliance or unsatisfactory progress.
A. 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 4 | V. Voiding of a Diversion Order
The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 11 | Voluntary Termination
The circuit clerk must serve the notice of termination on the parties, their attorneys, and probation and parole.
The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.
Criminal cases
Page 11 | Involuntary Termination from Mental Health Court
Responses must be served on opposing parties or their attorney by close of business 3 days before the scheduled motion date.
All responses must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date.
Page 4 | 203 Deadlines for Serving and Filing Motions, A
Unless a rule or statute allows otherwise, motions set on a docket must be served on opposing parties or their attorney by close of business 10 days before the scheduled motion date.
Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 10 days in advance of the scheduled motion date.
Page 4 | 203 Deadlines for Serving and Filing Motions, A
Service is complete upon mailing, or upon electronic transmission unless the serving party learns the transmission did not reach the recipient.
service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.
Page 5 | 204 Pleadings Generally, A.2
An attorney or party accepting fax or email service must serve the notice on all parties.
An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties.
Page 5 | 204 Pleadings Generally, A.3
Parents or custodians named in Juvenile Division actions must be served as required by CR 5.02 or the applicable statute or rule.
Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.
Page 5 | 204 Pleadings Generally, A.4
The required accompanying certification must certify that the motion and attachments, or the document being filed, were properly served on all parties.
No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties. Exhibits properly marked and introduced in a Court hearing are an exception.
Page 7
The listed papers must be served on each party, except a party in default for failure to appear, unless the court otherwise orders.
Pursuant to CR 5.01, " court otherwise orders because of numerous defendants, every paper relating to discovery ...every pleading subsequent to the original complaint unless the required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear."
Page 7
A filing served by certified mail must include the completed certified-mail cards and return receipts, and the return card must show the Circuit Clerk's address.
Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.
Page 7
Post-judgment filings must be properly served on all parties and attorneys of record at the time of judgment unless an attorney has withdrawn by proper motion and court order.
All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.
Page 8 | 208 Post-Judgments
A docketed motion must be properly noticed and filed with the Circuit Clerk, with copies served on all parties or their attorneys of record, including intervenors.
All docketed motions shall be properly noticed and filed with the Circuit Clerk and copies served on all parties or their attorneys of record, including intervening parties or their attorney.
Page 8 | 206 Motions
Pursuant to Murphy v. Murphy, 272 S.W. 3d 864 (Ky.App. 2008), the conclusion of a between counsel and litigant. Except motions to amend, alter, vacate or otherwise divorce action, including child custody actions, terminates the attorney-client relationship modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree
Pursuant to Murphy v. Murphy, 272 S.W. 3d 864 (Ky.App. 2008), the conclusion of a between counsel and litigant. Except motions to amend, alter, vacate or otherwise divorce action, including child custody actions, terminates the attorney-client relationship modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree
Page 9 | 208 Post-Judgments
After receiving a final hearing date, the petitioner must serve hearing notice on all necessary parties, including the GAL, at least 10 days beforehand, subject to the stated exceptions.
After the Court provides a final hearing date, the petitioner, pursuant to KRS 199.515, shall serve notice of the final hearing upon all necessary parties including the GAL at least 10 days in advance thereof, unless such parties have answered and agreed to the adoption or have failed to answer and the time for answering has expired or have waived, in writing, notice of the hearing.
Page 9 | 301 Petition
Notice of a protection order may be given to the respondent by personal service or oral presentation by a peace officer or the Court; the order becomes effective and binding on the respondent at that time.
E. Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.
Page 11 | 401 Procedures for Filing and Obtaining Emergency Protective Orders
If CHFS is a party or provides benefits, it must be notified before the agreed order is submitted to the Court.
Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.
Page 12
After a denied ECO request, the Circuit Clerk must send the listed summons and documents to the parents or custodial persons identified in the petition for whom an address is provided.
The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.
Page 13 | 601 Procedure for Emergency Custody Orders
If an ECO is entered, the listed petition, order, financial, and counsel documents must be served with the hearing notice and summons on parents or custodial persons for whom an address is provided.
Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided.
Page 13 | 601 Procedure for Emergency Custody Orders
When a private citizen obtains an emergency custody order, the Circuit Clerk must fax a copy to the local CHFS office.
If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office.
Page 13 | 601 Procedure for Emergency Custody Orders
The Circuit Clerk must notify CHFS, the County Attorney, and attorneys of record of the temporary removal hearing’s date and time.
The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.
Page 13 | 601 Procedure for Emergency Custody Orders
After the hearing, the petitioner must continue diligently locating unserved parties and provide updated addresses so the Circuit Clerk can send the required summons and forms.
The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served.
Page 15 | 603 Service
Cabinet reports must be served on the appropriate attorney by the provided email or fax method at least 3 days before the motion docket.
All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket.
Page 15 | 603 Service
All motions on the DNA docket must be noticed to the child's foster parents, including pre-adoptive parents or relatives providing care.
Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre- adoptive parents or relatives providing care for the child.
Page 15
CHFS must provide the foster parents' address to the Circuit Clerk, who must send a court notice containing the required language.
The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.
Page 15
The petitioner must give the Circuit Clerk the correct addresses needed to serve all proper parties under the civil rules.
It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.
Page 15 | 603 Service
The parties must exchange Preliminary Verified Disclosure Statements within 45 days after the petition is filed.
A Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition,
Page 16 | 701 Required Case Information
Objections to the Preliminary Verified Disclosure Statement must be exchanged 20 days after the statement exchange.
and objections thereto shall be exchanged 20 days thereafter
Page 16 | 701 Required Case Information
If a Pendente Lite maintenance or child support motion is filed before the FCRPP 2(3) timeframes expire, the parties must exchange Preliminary Verified Disclosure Statements before the motion is called.
If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion.
Page 16 | 701 Required Case Information
The parties must complete and exchange Form AOC-238 within 45 days of filing the petition.
A. Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition,
Page 19 | 705 Mandatory Disclosure Forms
Filing Fees and Waivers
For an order or judgment requiring advertisement, the submitting party must deposit the Master Commissioner’s estimated advertising and/or appraisal costs for each property before a sale is scheduled or advertisement or appraisal is arranged.
When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.
Page 20 | F. Deposit for Advertisement and Appraisal
A fee payable to the Circuit Court Clerk must accompany bonds submitted for signature and approval.
All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.
Page 24 | K. 4.11 Bond
The Master Commissioner’s fee for each judicial sale is 3% of the final bid, with a minimum of $400 and a maximum of $5,000 unless the sale involves more than one property, parcel, or judgment.
The fee for each judicial sale shall be calculated as 3% of the final bid. The fee based upon this calculation shall be no less than $400 and shall not exceed $5,000 unless the sale involves more than one property, parcel, or judgment.
Page 24 | L. Fees of the Master Commissioner
A $50 fee is assessed for each approval of the listed sale orders, reports, and notices.
A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.
Page 25
A withdrawn sale is subject to a fee based on the appraisal value, subject to a $400 minimum, a $2,500 cap except for multiple properties, and an additional-property charge.
If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.
Page 25
A deposit sufficient to cover the direct cost of the sale must be paid to the Master Commissioner.
As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale.
Page 25
A $650 fee is assessed for each additional property, parcel, or judgment involved in the sale.
property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.
Page 25
A $400 fee applies when a sale is withdrawn before appraisal, unless the court approves another amount up to $2,500 on proper motion and good cause.
If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.
Page 25
A $50 fee is charged for each report and recommendation prepared on a tendered foreclosure judgment in an uncontested mortgage or lien enforcement case.
A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien.
Page 25
In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the required JSAF with the original filing fee.
In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee.
Page 26
If a property remains unsold six months after its last appraisal of record, a new Order of Referral and JSAF must be paid before a rescheduling motion is filed or, without a motion, before the sale is rescheduled.
For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.
Page 26
A $50 fee is charged for drafting and executing any necessary deed or title.
Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.
Page 26
When paying out money or settling estates, the Master Commissioner or Receiver assesses fees of 3% on the first $2,000, 2.5% on the next $3,000, and 1.5% on amounts over $5,000.
The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates: 3% of the first $2,000 2 ½% for the next $3,000 1 ½% for the excess over $5,000
Page 26
The JSAF becomes due when a Motion for Judgment and Order of Sale is filed, and that motion cannot be accepted until the Clerk receives the JSAF and Order of Referral.
The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action. The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.
Page 26
A separate JSAF and Order of Referral are required for each property in an action involving multiple properties.
In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property.
Page 26
The $50 reopening fee is charged for subsequent custody or visitation motions in a Title IV-D action brought by a private attorney or pro se party rather than Title IV-D counsel, unless the motion is in forma pauperis.
However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding custody and visitation are brought by a private attorney or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
Page 12 | 505 Reopening Fee
The $50 reopening fee is not paid for motions in Title IV-D cases seeking child support modification or enforcement.
Pursuant to FCRPP 14(1), a $50.00 reopening fee 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.
Page 12 | 505 Reopening Fee
Payment options: Cash, local check, cashier's check, certified check, money order, credit and debit cards (fee applies). Payment forms other than local check accepted for restitution. Cash required for bond.
Payment options: Cash, local check, cashier's check, certified check, money order, credit and debit cards (fee applies). Payment forms other than local check accepted for restitution. Cash required for bond.
Page 1 | Office of Circuit Court Clerk
Expenses incurred for a sale are not refunded if the sale is withdrawn.
If a sale is withdrawn, incurred expenses will not be refunded.
Page 25
The Master Commissioner may recover necessary direct expenses attributable to a judicial-sale case, including the listed costs.
In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession.
Page 25
The Circuit Court Clerk must transmit the fee to the Administrative Office of the Courts as directed by AOC.
The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts as directed by AOC.
Page 26
No additional $200 JSAF is charged when a withdrawn sale is rescheduled within six months, while a rescheduling after more than six months is treated as a new referral for sale.
For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged. Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.”
Page 26
The fee is not assessed when a sale fee is assessed, excludes creditor-exempt amounts when computing fees for insolvent estate account settlements, and may not exceed $5,000.
The fee shall not be assessed if a sale fee is assessed. For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors. The fee shall never exceed $5,000.
Page 27
A fee is assessed for a Master Commissioner hearing and report on a KRS Chapter 425 possessory or attachment matter, and must be paid before the hearing.
When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.
Page 27
For real estate sales requiring an appraisal, each appraiser is paid $150 from the sale proceeds unless the Court orders otherwise.
In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale.
Page 27 | M. Appraiser’s Fees
Master Commissioner fees are governed by the fee schedule in Part IV of the Administrative Procedures of the Court of Justice, including amendments.
The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.
Page 27
Other hearings without a sale, settlement, or receivership are charged at $60 per hour in quarter-hour increments, payable by the fifth working day after the hearing, with a $600 per-case cap that may be exceeded only upon the specified judicial recommendation and approval for extraordinary circumstances.
For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments. These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing. No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.
Page 27
If a case is reopened, up to $200 in additional fees may be assessed, with a higher amount permitted only upon the specified judicial recommendation and approval for extraordinary circumstances.
If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.
Page 27
When an auctioneer is ordered for a real estate sale, the Court sets the fee, which may not exceed six percent of the sale price and is paid from the sale proceeds.
In all sales of real estate where an auctioneer is ordered, the fee for the auctioneer shall be determined by the Court, which sum shall not exceed six percent (6%) of the sale price. The fee shall be paid from the proceeds of the sale.
Page 28 | N. Auctioneer’s Fees
For court-ordered appraisals of personal property, the Court fixes each appraiser’s fee based on evidence it may require about the property, the number and value of items, and the work involved.
In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.
Page 28 | M. Appraiser’s Fees
For appraisals of commercial industrial real estate or multiple parcels in court-ordered real estate sales, the Court may allow an additional appraisal fee by order, considering the time, labor, and skill involved.
In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.
Page 27 | M. Appraiser’s Fees
A motion to modify custody, timeshare, or visitation must be filed in a new custody proceeding and requires a filing fee unless brought in forma pauperis.
However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the motion is brought in forma pauperis.
Page 12 | 504 Child Custody and Visitation in a Paternity Action
Courtesy Copy Requirements
A courtesy copy of a motion set for hearing at the court’s convenience must be provided to the presiding judge when filed, including by email to designated staff.
A courtesy copy of any motion set to be heard at the convenience of the court shall be provided to the presiding judge at the time of filing. This may be accomplished via email to the presiding judge’s staff attorney or administrative assistant.
Page 9 | IV. MOTION HOUR
Submit a copy of each proposed judgment or order to the Master Commissioner at least seven days before the scheduled hearing.
A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.
Page 19
The order confirming sale submitted to the Master Commissioner must include sufficient copies and postage-prepaid envelopes.
an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale
Page 23 | J. Confirmation of Report of Sale
Orders submitted for review and approval in motions for distribution must be accompanied by an appropriate number of copies for the Court, Master Commissioner, and parties listed on the Certificate of Service.
Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.
Page 23 | H. Motions for Distribution
Sealing & Redaction Procedures
Mental Health Court proceedings must be confidential and closed unless the judge authorizes otherwise.
Mental Health Court proceedings shall be confidential, and all proceedings shall be closed unless otherwise authorized by the Judge.
Criminal cases
Page 12 | Confidentiality
Documents in a participant’s Mental Health Court case file must remain confidential and may not be released.
Documents contained in a participant's Mental Health Court case file shall be confidential and shall not be released.
Criminal cases
Page 12 | Confidentiality
Mental Health Court documents other than the listed documents must be kept confidential and under seal.
All other Mental Health Court documents shall be kept confidential and under seal:
Criminal cases
Page 12 | Filing of Mental Health Court Documents
The Circuit Clerk must seal qualifying temporary custody orders and background checks; access is limited to the parties, their counsel, persons authorized by court order, and official Cabinet representatives.
Temporary Custody Orders granted pursuant to KRS 199.473(7) and accompanying background checks shall be sealed by the Circuit Clerk and not opened to inspection by persons other than the parties to such proceedings and their counsel or by court order. Representatives of the Cabinet for Health and Family Services acting in their official capacity shall not be denied access.
Page 9 | 301 Petition
During adoption proceedings, court files and records may be inspected only by parties, their attorneys, and authorized Cabinet representatives, unless the Family Court expressly permits inspection by order.
H. Pursuant to KRS 199.570(1)(a), the files and records of the Court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings, their attorneys, and representatives of the Cabinet for Health and Family Services acting in their official capacity without order of the Family Court expressly permitting inspection.
Page 11 | H
After final judgment in an adoption case, the Circuit Clerk must seal all case papers and records in an envelope, and they may be inspected only by written court order.
Pursuant to KRS 199.570(1)(b), upon the entry of the final judgment in the case, the Circuit Clerk shall place all papers and records in the case in a suitable envelope which shall be sealed and shall not be open for inspection by any person except on written order of the Court.
Page 11 | H
The petitioner’s and any minor child’s addresses must be withheld from the public and respondents, but CHFS representatives may access them when investigating a pending case.
D. Pursuant to KRS 403.770(1) the petitioner's address and the address of any minor child shall not be made available to the public, or to the person or persons named as the respondent in the protection order. Representatives of the CHFS may have access if investigating a pending case.
Page 11 | 401 Procedures for Filing and Obtaining Emergency Protective Orders
When covered filings contain personal identifiers, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
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(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 20 | 901 Protections of Personal Identifiers
The Circuit Clerk may not release covered Family Court video records without a specific written order from a Family Court Judge.
The Circuit Clerk shall not release any Family Court video record of in-chamber interviews with children or other court proceeding closed by statute, rule or court order without a specific written order of a Family Court Judge.
Page 21 | 902 Requests for Confidential Video Records
Pleadings, documents, and exhibits in actions deemed confidential by statute need not be redacted; access is governed by the rules and statutes cited.
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 these rules and by KRS 199.570, KRS 610.340, KRS 625.045 and KRS 625.108.
Page 21 | 901 Protections of Personal Identifiers
The restriction on release of video records does not apply to qualifying public officers or employees, who may use and distribute the information only for authorized investigation or prosecution.
Pursuant to KRS 610.340(2), Rule 902(A) 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 that 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.
Page 21 | 902 Requests for Confidential Video Records
Pre-Motion Conference Requirements
Before filing a motion other than an ex parte motion, an attorney or party must make reasonable efforts to contact opposing counsel to agree on a motion-docket date.
Any attorney or party prior to filing any Motion, except an Ex Parte Motion, shall make reasonable efforts to contact opposing counsel to obtain an agreeable date on which to set the matter on the motion docket.
Page 7 | 206 Motions
A motion to compel discovery, for a protective order, or for sanctions under CR 26 or CR 37 may be filed only after counsel cannot resolve the dispute, and counsel or a party must make a good-faith effort to resolve discovery disputes.
A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 or CR 37 only if counsel are unable to resolve the dispute between them. Counsel or party has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.
Page 8 | 206 Motions
A pretrial conference must be scheduled before a case is set for trial or the listed motions, unless the respondent cannot be located or fails to appear.
No case shall be scheduled on the regular Family Court docket for trial, motion for judgment on the pleadings, motion for summary judgment, or motion for an original child support order without first scheduling a pretrial conference. This rule may be waived if the respondent is unable to be located or fails to appear at said pretrial conference.
Page 12
If the attorneys cannot agree on a date, the moving attorney may set the motion on the docket, except for an emergency motion or one subject to a statutory ruling deadline.
In the event the attorneys cannot agree upon a date for said motion, other than one of an emergency nature or which may be required by statute to have a ruling within a set time, the moving attorney may set the matter on the motion docket.
Page 7 | 206 Motions
Parties may submit an agreed Paternity/Child Support order off-docket without a pretrial conference unless CHFS is a party or provides benefits.
Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.
Page 12
Adjournment & Extension Requirements
A party may not seek a jury-trial continuance after the final pretrial conference absent extraordinary circumstances that may cause unjust hardship; an undisclosed or undiscovered scheduling conflict does not qualify.
No continuance of a jury trial may be sought after the date of the final pretrial conference unless a party can demonstrate extraordinary circumstances which may result in an unjust hardship to the moving party. A scheduling conflict not previously disclosed or discerned is not an extraordinary circumstance.
Page 10 | VII. PRETRIAL CONFERENCE IN CIVIL CASES
The Master Commissioner must sell the property within 90 days after the referral order, except for property deemed vacant and abandoned; the court may grant an extension of up to 30 days upon motion and good cause shown.
The Master Commissioner shall sell the property in a reasonable time not to exceed 90 days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205. Upon motion and good cause shown, the court may extend the deadline established by this subsection for a period not to exceed 30 days.
Page 21 | G. Terms and Conditions of Sale, 3.b
The time to file a motion response may be extended for good cause shown.
the time for filing a response may be extended for good cause shown.
Page 9 | IV. MOTION HOUR
Chambers Communication Rules
The attorney requesting a required or requested hearing must notify the Master Commissioner’s office; the Master Commissioner then sets the hearing’s time and place and gives written notice to the parties.
When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.
Page 28 | XXVI. Writ of Possession and Attachment Procedure
The Circuit Court Clerk or the attorney requesting relief must immediately deliver ex parte and temporary restraining order requests, together with the record, to the Master Commissioner.
Requests for Ex Parte and Temporary Restraining Orders shall be immediately delivered to the Master Commissioner, along with the record, by the Circuit Court Clerk or the attorney requesting relief.
Page 28 | XXVI. Writ of Possession and Attachment Procedure
Before making a recommendation, the Commonwealth must request a criminal-record check by phone or fax from AOC Pretrial Services and must not send the request to the local Pretrial Services Officer.
1 . Have a criminal record check made by telephoning Pretrial Services at AOC at 1-800-928-6381, or faxing the request to (502) 573-1669 . Do not send requests to the local Pretrial Services Officer. KRS 533.252
Criminal cases
Page 3 | III. Procedure
Requests to inspect adoption records must be made to the Family Court Judge.
Pursuant to KRS 23A.100, the Family Court Division of Circuit Court is the primary forum for adoption proceedings and all requests to inspect adoption records shall be made to the Family Court Judge.
Page 11 | J
If the parties cannot agree on a mediator or mediation service, they must notify the Court.
If the parties cannot agree, they shall notify the Court, which will select a mediator or a mediation service.
Page 17 | 703 Mediation
The parties must contact the Family Court Office to remove pending hearings concerning resolved issues.
The parties shall have the affirmative duty to contact the Family Court Office and remove any pending hearings concerning resolved issues.
Page 18 | 703 Mediation
The authorized agency/officer shall present the petition to the on-call District Court Judge or Trial Commissioner, or in the event the on-call District Court Judge or Trial Commissioner is not in the county or is unavailable, the petition may then be presented to any District Court Judge or Trial Commissioner or, if not available, then to the Circuit Judge of Family Court, or if not available, then to either Circuit Judge.
The authorized agency/officer shall present the petition to the on-call District Court Judge or Trial Commissioner, or in the event the on-call District Court Judge or Trial Commissioner is not in the county or is unavailable, the petition may then be presented to any District Court Judge or Trial Commissioner or, if not available, then to the Circuit Judge of Family Court, or if not available, then to either Circuit Judge.
Page 27 | Twenty-four Hour Accessibility
The clerk or designee must present the petition to the on-call District Court Judge or Trial Commissioner; if unavailable or outside the county, the petition may be presented through the stated sequence of other judges.
Upon receipt the Circuit Court Clerk or designee shall present the petition to the on-call District Court Judge or Trial Commissioner, or in the event the on-call District Court Judge or Trial Commissioner is not in the county or is unavailable, the petition may then be presented to any District Court Judge or Trial Commissioner or, if not available, then to the Circuit Judge of Family Court, or if not available, then to either Circuit Judge.
Page 27 | Twenty-four Hour Accessibility
Petitioners should contact the Circuit Court Clerk's Office in the county where the order was issued to initiate contempt proceedings.
Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's Office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 2 | Contempt Proceedings
Circuit Clerks may not give legal advice, intervene in or comment on individual cases, or assist with completing forms.
Circuit Clerks are not allowed to give legal advice, intervene in, comment on individual cases or assist in the written completion of any forms.
Page 3 | 101 Preface
Parties and attorneys must check the Family Court calendar before filing and the docket before motion hour; the Circuit Clerk need not notify them that an untimely or improperly noticed motion was set for the next docket.
It is the responsibility of the parties and attorneys to check both the Family Court calendar prior to filing pleadings and the Family Court docket prior to motion hour. The Circuit Clerk is not responsible for informing parties or attorneys that an untimely filed or improperly noticed motion has been set on the next motion docket.
Page 4 | 203 Deadlines for Serving and Filing Motions, B
Counsel and parties must check the website or contact the Circuit Clerk to determine the time and place of a motion docket.
It is the responsibility of counsel and parties to check the website or with the Circuit Clerk to determine the appropriate time and place for any motion docket.
Page 5 | 203 Deadlines for Serving and Filing Motions, C
For Division IV Dependency/Neglect/Abuse dates and times, callers may contact the clerk.
Dependency/Neglect/Abuse - Call Clerk for information on dates and times.
Page 1 | Court Schedules
For Status Case dates and times, callers may contact the clerk.
Status Cases - Call Clerk for information on dates and times.
Page 1 | Court Schedules
To access case records, contact or visit the county clerk’s office.
Call or visit the office to access case records.
Page 1 | Requesting Court Case Records
The motion and holiday schedules are available from the Circuit Clerk or Family Court Office, on the website, and by email to attorneys who provided an email address.
The motion docket schedule and the holiday schedule is available upon request to the Circuit Clerk, the Family Court Office, on the Family Court website and via email transmission to attorneys who have provided an email address to the Family Court Office.
Page 4 | 201 Regular Motion Hour Schedule
The Family Court Judge may modify the schedule, and changes will be made available as soon as practicable in the same manner as the schedule.
From time to time schedule modifications may be made at the discretion of the Family Court Judge and such changes will be made available as soon as practicable in the same manner set forth herein.
Page 4 | 202 Exceptions to Regular Motion Hour
The Court will strive to provide the calendar or docket sheet order after the proceeding, and attorneys are expected to request a copy from the clerk if one is not provided.
The Court will strive to provide copies at the conclusion of proceeding in which the motion is called and attorneys are expected to know that this is the practice of the Court and request a copy of the calendar sheet or docket sheet order if one is not provided by the clerk.
Page 8 | 207 Orders
For civil contempt proceedings, petitioners should contact the Circuit Clerk's office in the county where the order was issued.
For civil contempt proceedings, Petitioners should contact the Circuit Clerk's office in the county where the Emergency Protective Order or Domestic Violence Order was issued.
Page 28 | IV. Contempt Proceedings
For a criminal complaint alleging violation of a protective order, petitioners should contact law enforcement or the County Attorney's office in the county where the order was issued.
For criminal complaints for violation of a protective order, Petitioners should contact law enforcement or the County Attorney's office in the county where the Emergency Protective Order or Domestic Violence order was issued.
Page 28 | IV. Contempt Proceedings
A party who proceeds without counsel must keep the Court informed of changes to the party's address or phone number.
Said waiver shall contain the party's correct address and phone number. Any party seeking to sign such waiver shall Appearances Waivers and Agreements before a notary. Said waiver shall contain the party's correct address and phone number.
Page 17 | 702 Appearances, Waivers, and Agreements