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Rule 2 Court scheduling/motion hour/procedures for filing

Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Family Court

Baldwin's Kentucky Revised Statutes Annotated
55th Judicial Circuit - Bullitt Family Court
KY RBFC Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing
201 Regular Motion Hour and Hearing Docket Schedule
A. Motion hour for matters concerning Adoptions (AD), Custody, Dissolution, Separation, Child Support (CI) shall be noticed for hearing at 8:30 AM for Division 2 and 10:30 AM for Division 3 on the Monday of each week except a Monday which falls on a recognized holiday that state government is closed (see Rule 105).
Temporary Removal Hearings (TRH) scheduled as the result of Emergency Custody Orders entered on the preceding Thursday or Friday shall be scheduled each Monday for 10:00 AM in Division 2 and 11:00 AM in Division 3 unless the Monday falls on a recognized holiday that state government is closed in which case the TRH shall be schedule for Tuesday at such times in the respective divisions.
B. Hearings on original petitions for Domestic Violence/Interpersonal Protective (DV/IP) Orders shall be scheduled for Tuesday of each week at 9:00 AM in the assigned Division. Motions to modify or review DV/IP Order or for hearings subsequent to the issuance of a DV/IP Order shall be noticed and scheduled for 9:00 AM on Tuesday in Division 2 and for 10:00 AM on Tuesday in Division 3.
Show cause hearings arising from DV/IP Orders assigned to Division 2 shall be scheduled at 12:45 PM on the second and fourth Tuesday of each month and those assigned to Division 3 shall be scheduled for 11:00 AM each Tuesday.
C. Paternity and civil non-support cases with a juvenile case designation assigned to Division 2 shall be noticed and scheduled at 1:00 PM on the second and fourth Tuesday of each month and those assigned to Division 3 shall be noticed and scheduled at 1:30 PM for the first and third Tuesday of each month.
D. Status offense cases assigned to Division 2 shall be heard on each Wednesday of the month at 1:30 PM. Status offense cases assigned to Division 3 shall be heard only on the first Thursday of each month at 1:30 PM.
Dependency, neglect and abuse cases set for arraignment, temporary removal hearing, pre-trial conference, review, or motion assigned to Division 2 shall be heard each Wednesday beginning at 9:00 AM. Dependency, neglect and abuse cases assigned to Division 2 set for adjudication or for hearing other than a temporary removal hearing shall be set each Wednesday beginning at 10:00 AM.
Dependency, neglect and abuse cases set for review or motion assigned to Division 3 shall be heard each Thursday beginning at 9:00 AM. Dependency, neglect and abuse cases set for temporary removal hearings, 10 day hearings, pre-trial conference, or disposition shall be heard beginning at 9:30 AM. Dependency, neglect and abuse cases assigned to Division 3 set for adjudication, annual permanency review, or for hearing other than a temporary removal hearing shall be set each Thursday beginning at 10:30 AM. All dependency, neglect and abuse cases arising primarily from school attendance or school behavior assigned to Division 3 shall be scheduled for hearing at the respective time indicated above ONLY ON THE FIRST THURSDAY OF EACH MONTH.
All attorneys and Cabinet for Health and Family Services (CHFS) personnel necessary for the conferencing of cases on the DNA docket are required to appear for the commencement of conferencing at 8:00 AM unless excused by the Court. Documents shall not be added into the Court file in the course of conferencing cases. No annotations to documents shall be made onto the pleadings or filings in the Court record except by the Clerk of the Court and with the knowledge and permission of the Court.
E. Parties and other persons necessary to address the cases set on the juvenile docket are advised that to participate in conferencing before their appearance before the Court they should arrive to the courthouse no less than thirty (30) minutes prior to the time the case is to be called. The Court will not delay consideration of the matter at the docketed time solely on the basis that such persons did not arrive to the courthouse until the time the matter was set to be considered by the Court and thus did not have time to confer with Counsel or conference the case with the other parties.
202 Exceptions to Regular Motion Hour Schedule
There shall be no motions noticed for hearing or other regular dockets conducted during the week of the Judicial College. If the Court is closed for any other unforeseen reason, e.g. inclement weather, the Motion Hour shall be passed to the next available Motion Hour.
203 Deadlines for Serving and Filing Motions; Miscellaneous Pleadings Rules
A. All Circuit Court motions to be heard on the Monday motion docket shall be filed, clocked and noticed no later than 2:00 P.M. on the preceding Wednesday.
B. All motions for Paternity, Child Support (J cases), Domestic Violence, dockets shall be filed, clocked and noticed no later 2:00 PM on the preceding Thursday
C. All motions and pleadings seeking hearing before the Court related to the Dependency, Neglect and Abuse docket for Division 2 shall be filed, clocked and noticed no later than 11:00 AM on the preceding Friday. All motions and pleadings seeking hearing before the Court related to the Dependency, Neglect and Abuse docket for Division 3 shall be filed, clocked and noticed no later than 4:00 PM on the preceding Friday.
D. Motions filed by mail shall be mailed to the following address or such other mailing address as the Bullitt Circuit Court Clerk shall designate as the official mailing address:
Bullitt Circuit Court Clerk
P.O. Box 746
Shepherdsville KY 40165
E. All motions shall be accompanied by an Order stating the requested relief and an Order setting the issue(s) for hearing with the appropriate blanks for the Court to insert the time and date of the hearing and a blank for the time allotted for the hearing.
Any motion not bearing the appropriate division assignment, filed for a date and time at which the assigned division schedules the hearing of such, and not accompanied by the requisite order(s) shall be declined for filing by the Circuit Court Clerk and returned unrecorded to the movant.
A “fill-in-the-blank” form of Order is available from the Circuit Court Clerk which may be used to satisfy this requirement.
F. All pleadings shall be original documents. Hardcopy originals shall contain the original signature of the individual filing the document. Electronically filed documents shall comply with current “eFiling Rules”. No pleadings generated by facsimile or transmitted by email shall be filed by the Bullitt County Court Clerk's Office.
G. All civil motions shall be heard on the regularly scheduled date and time unless a different time is designated by the Court.
H. Motions, including motions for Temporary Restraining Orders, involving an emergency that will cause irreparable harm or injury to the persons or to the property by delay in waiting for the next scheduled motion day may be heard by the Court as the Court's schedule permits and with prior approval of the Court.
I. Except for exhibits properly introduced into evidence in the course of a hearing or trial, all filings shall be made through the Circuit Court Clerk's Office and not directly to the Court. Documents shall not be added into the Court file in the course of conferencing cases. No annotations to documents shall be made onto the pleadings or filings in the Court record except by the Clerk of the Court and with the knowledge and permission of the Court.
J. All motions for Custody/Parenting Time, in addition to the required affidavit(s), shall be accompanied by a proposed Parenting Time Schedule that shall consider the presumption that parenting time should be shared equally between the parties. Any objection to a motion for Custody/Parenting Time shall also be accompanied by a proposed parenting time schedule that shall consider the presumption that Parenting Time should be shared equally between the parties. The proposed Parenting Time Schedule should also consider the geographic implications of the residences of the parties who will share parenting time and the work schedule of the parties and school schedule of the child(ren).
204 E-filing Rejections
The Clerk of the Court is tasked with rejecting pleadings that are electronically filed that fail to comport with the Administrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic Filing Pilot Project or the Rules of the Bullitt Family Court (“RBFC”).
When the Clerk has rejected a pleading the filing party shall NOT refile the same pleading without addressing and correcting the reason the pleading was rejected.

Credits

HISTORY: Amended effective April 8, 2020. Prior amendments effective December 12, 2007; May 11, 2012.
Bullitt Family Court Rule 2, KY R BULLITT FAM CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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