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Court Rules

Jefferson Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Brief
25 pgs
Filters:

Page & Word Limits1 rule

Page LimitsMandatoryCivil cases

Motions to dismiss, for judgment on the pleadings, and for summary judgment require a memorandum of authority capped at 25 pages; replies are capped at 5 pages, and both must use at least 12-point type.

Page limit
Up to 25 pages
Reply
Up to 5 pages
Format
12-point

Court's wording

Motions to dismiss, for judgment on the pleadings, and for summaryjudgment shall not be noticed for motion hour but shall be filed with a memorandum of authority not exceeding twenty-five (25) pages in length, in type no smaller than 12-point. An opposing party shall have twenty (20) days from the certification date on the motion to respond. A reply may be filed no later than ten (10) days after the filing of a response and shall not exceed five (5) pages in length, in type no smaller than 12-point.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 23
|Section401 Motions to Dismiss; Judgment on the Pleadings, and Summary Judgments

Document Format Requirements3 rules

FormattingImportantCivil cases

All objections will be reserved and shall not be stated on the recording except for objections relating to the form of the question.

FormattingImportantCivil cases

At the beginning of the proceedings, the videographer shall either focus on and identify each attorney, party and witness present at the taking ofthe deposition or read a statement introducing by name the parties to the litigation and the attorneys present without focusing on each person .

FormattingImportantCivil cases

The camera must remain stationary and may zoom only when necessary for the jury to fairly view exhibits or demonstrative proof; it may not zoom to give a witness’s words undue influence.

Applies to
  • Videotape deposition recording

Formatting

  • The camera must remain stationary throughout the deposition

Court's wording

The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness excepting those times when the witness is displaying, for the jury's viewing, exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen by "zooming" in. The-camera will not "zoom" in on a witness solely to give unfair or undue influence to the witness' words.

Document Filing Requirements34 rules

Filing RequirementsMandatoryCivil cases

Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate.

Filing RequirementsMandatoryCivil cases

Failure of the judgment creditor to timely comply with these requirements shall result in the Bill of Discovery being remanded from the post-judgment discovery docket.

Filing RequirementsMandatoryCivil cases

The appraisal shall be in writing, signed by the persons making it and filed in the court record prior to the sale.

Filing RequirementsMandatoryCivil cases

The statutory demand must include the quoted statement requiring a written hearing request within seven days and a copy to the Plaintiff’s attorney.

Court's wording

The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement: If you want a hearing, you must notify the Master Commissioner in writing) within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 7
|Section511 — Possessory and Attachment Hearings
Filing RequirementsMandatoryCivil cases

All responses by any party shall be in writing, acknowledging or denying existence of such items

Filing RequirementsMandatoryCivil cases

For discovery compliance, parties must file a list of items and/or the number of discovery pages available for inspection or provided to the opposing party.

Court's wording

The Court will consider the Commonwealth or defendant(s) in compliance with these rules of discovery when the parties file with the circuit court a list of items and/or the number of pages of discovery available for inspection or provided to the opposing party.

Filing RequirementsMandatoryCivil cases

The motion shall be accompanied by a supporting memorandum with citation to legal authority, if any. The motion and memorandum shall also be accompanied by a copy ofthe discovery requests in dispute .

Document
Discovery motion

Must include

  • Legal argument
0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 23
|Section402 Motions for Discovery Orders
Filing RequirementsMandatoryCivil cases

All Motions for Default Judgment involving a liquidated claim shall be accompanied by the following Default Judgment Certificate, in addition to Military Affidavit, if a Military Affidavit is required by the Soldier and Sailor Relief Act, 50 U.S .C. App. 521 :

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 23
|Section403 Motions for Default Judgment
Filing RequirementsMandatoryCivil cases

A discovery motion must include counsel’s certification that counsel conferred, could not resolve the dispute, and exhausted other extrajudicial means.

Court's wording

No motions pertaining to discovery shall be made to the Court without a certificate of counsel that she has conferred with opposing counsel, that they are unable to reconcile their differences and that she has otherwise exhausted all extrajudicial means in an effort to reconcile her differences with opposing counsel .

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 23
|Section402 Motions for Discovery Orders
Filing RequirementsMandatoryCivil cases

An attorney-fee motion must include counsel’s detailed affidavit listing service dates and descriptions, service providers, hours and totals, a suggested hourly rate, and supporting authority; when KRS 411.195 applies, the affidavit must also show the fee was paid or agreed to be paid.

Court's wording

All motions for attorney's fees shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the persons rendering the service (ifparalegal or other counsel ofrecord), and the number of hours (or fractions thereof) rendered by each person . The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth. The affidavit must also disclose the statute or other authority supporting the requested award of an attorney's fee. If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the required attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.

Filing RequirementsMandatoryCivil cases

When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted .

Filing RequirementsMandatoryCivil cases

A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 24
|Section403 Motions for Default Judgment
Filing RequirementsMandatoryCivil cases

C. Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate .

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 28
|Section507C. Master Commissioner Reports
Filing RequirementsMandatoryCivil cases

The statutory demand must explain the defendant's right to a hearing and include the specified hearing-request instructions and notice information.

Court's wording

The demand required by KRS 425.012 and KRS 425 .301 shall inform the Defendant ofthis right to be heard before the Master Commissioner, and shall include the following statement: If you want a hearing, notify the Master Commissioner either in writing (514 West Liberty Street, Louisville Kentucky 40202) or by phone (502-574-5934) within seven (7) days . If your request is in writing, send a copy of your request to the attorney for the Plaintiff. You will receive written notice ofthe date and time ofthe hearing .

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 31
|Section511 Possessory and Attachment Hearings
Filing RequirementsMandatoryCivil cases

Every motion to withdraw Receiver funds must include the attorney's certifications concerning priority to the proceeds and any attachment or garnishment.

Court's wording

In every motion to withdraw money from the Receiver, the attorney for the movant shall certify : A. That according to the terms of the movant's judgment, no other party has priority to the proceeds, and, B. Whether or not the funds are subject to any attachment or garnishment served upon the Receiver.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 34
|Section604 Certification for Withdrawal
Filing RequirementsMandatoryCivil cases

The withdrawal order shall specify the amount to withdraw and the payee, and the amount ofthe Receiver's fee.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 34
|Section604 Certification for Withdrawal
Filing RequirementsMandatoryCivil cases

Orders paying money into Court and withdrawing shall not be in one and the same order.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 34
|Section603 Orders for Payment and Withdrawal
Filing RequirementsMandatoryCivil cases

All orders paying money into Court or withholding money shall be filed and signed by the Judge.

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 34
|Section603 Orders for Payment and Withdrawal
Filing RequirementsMandatoryCivil cases

Upon the filing ofthe last counter-statement or upon the expiration of the briefing period, counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication . Then the case shall stand submitted.

Filing RequirementsMandatoryCivil cases

With a statement of appeal, the appellant shall tender, if available, an audio or video taped copy of any district court proceedings relevant to the appeal.

Filing RequirementsMandatoryCivil cases

After oral arguments, counsel shall file an AOC-280 Form, Notice of Submission of Cases for Final Adjudication. Then the case will stand submitted.

Filing RequirementsMandatoryCivil cases

The videographer shall mark the recording with the style and number ofthe action and the name of the witness and shall file a certificate which identifies the recording.

Filing RequirementsMandatoryCivil cases

An edited version shall be presented at trial.

Filing RequirementsMandatoryCivil cases

If an agreement is reached during mediation, it shall be reduced to writing and signed by the parties.

Filing RequirementsMandatoryCivil cases

Every pleading and document filed in the record by counsel or a pro se party shall contain the case number, and a typed or printed name, address and telephone number of the individual signing the paper.

Document
Pleading or document

Must include

  • Case number
Filing RequirementsMandatoryCivil cases

When answering interrogatories or requests for admissions, the replying parties shall set forth the entire question or the entire request immediately preceding their response .

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 48
|Section1404 Interrogatories and Requests for Admissions
Filing RequirementsMandatoryCivil cases

A draft ofthe proposed judgment or order shall be filed along with a motion for its entry.

Document
Motion

Must include

  • Proposed order
Filing RequirementsMandatoryCivil cases

Interrogatories, discovery requests, and medical records may not be filed with the clerk unless attached to a motion or containing the prescribed certificate.

Court's wording

None of the following pleadings, papers, or portions thereof, shall be filed with the clerk unless attached to a motion or containing the certificate set forth below: A. Interrogatories propounded under CR 33: B. Requests for Production or Inspection made under CR 34: C. Requests for Admission under CR 36 . D. Medical Records .

Filing RequirementsMandatoryCivil cases

The prescribed certificate must state familiarity with Kentucky Rule of Civil Procedure 5.06 and certify that the pleading conforms to the rule, with the signing attorney’s typed name.

Court's wording

The certificate is: Certificate Pursuant to JRP 1408 I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5 .06 and this pleading is filed in conformity with this Rule. Typed Name of Attorney Signing Certificate

Filing RequirementsMandatoryCivil cases

Motions by either party necessitating a hearing shall be in writing pursuant to RCr 8 .14.

Filing RequirementsImportantCivil cases

No party shall be subject to additional discovery proceedings for six (6) months following their appearance and examination unless an affidavit is filed by counsel showing a change of circumstances warranting this.

Filing RequirementsImportantCivil cases

B. Except as provided in JRP 506, objections to a Master Commissioner's Report shall not be noticed for motion hour and shall be filed directly with the Court. A response to the objections may be filed within five (5) days of the filing ofthe objections . The objections will then stand submitted upon the filing of Form AOC 280. Prior to submission counsel may request a hearing .

0eb233 f4a8f7bc5c9a40468d8229ab6bcaa743 · Jan 2022 · p. 28
|Section507B. Master Commissioner Reports
Filing RequirementsImportantCivil cases

A rubber stamp shall not be deemed a signature either under this Rule or CR 11 .

Filing RequirementsNoteCivil cases

Bills of Discovery shall automatically be referred to the Master Commissioner.

Filing & Service rules

Filing Timing and Cure Windows

A successful bidder may move to confirm a sale at least 10 days after the report is filed; otherwise, a confirmation motion may be filed at least 20 days afterward.

A successful bidder at a sale may move for an order confirming the sale ten (10) or more days after the filing of a Master Commissioner's Report of Sale. Otherwise, a motion for an order confirming the sale may be filed twenty (20) or more days after the filing of a Master Commissioner's Report of Sale.

Civil cases

Page 3 | 506 Confirmation

The judgment creditor must call the Master Commissioner’s Office to schedule discovery, then by the close of the second business day file the notice with the Clerk and deliver a file-stamped copy and the required fee to the Master Commissioner.

The judgment creditor shall telephonically contact the Office of the Master Commissioner to request and obtain a date and time at which the discovery will be undertaken, and, by the close of the second business day thereafter, the judgment creditor shall file its Notice of Bill of Discovery with the Office of the Circuit Court Clerk, and deliver to the Office of the Master Commissioner a file stamped copy of the aforesaid notice, together with payment to the Master Commissioner of the fee assessed under JRP 508 (G).

Civil cases

Page 6 | 510(A)

Motions for motion hour must be filed and clocked by noon Thursday; copies must be served by mail by Wednesday or by facsimile or hand delivery by noon Thursday.

All motions, civil and criminal, to be heard at motion hours shall be filed and clocked no later than noon on the preceding Thursday, with service of copies to be mailed by Wednesday, or sent by facsimile or hand-delivered by noon on Thursday .

Civil cases

Page 22 | 304 Deadline for Serving and Filing Motions

The sale-requesting party must file the amount-to-be-raised statement and serve it on all parties and the Master Commissioner within five days after scheduling the sale.

Within five (5) days of scheduling a sale, the party requesting the sale shall file a statement ofthe amount to be raised and serve a copy on all parties and the Master Commissioner.

Civil cases

Page 25 | 502 D. Amount To Be Raised

A judgment lienholder must file an updated amount-to-be-raised statement with the Master Commissioner and serve all parties within five days after the original statement is submitted.

Any other lien holder who has secured ajudgment in the case shall file with the Master Commissioner and serve a copy on all parties, an updated statement of the amount to be raised, within five (5) days after submission ofthe original statement by the party requesting the sale.

Civil cases

Page 26 | 502 D. Amount To Be Raised

A pleading requesting a payoff from the sale-requesting party and judgment lienholders must be filed at least 20 days before the sale.

The request shall be filed at least twenty (20) days before the sale.

Civil cases

Page 26 | 502 D. Amount To Be Raised

A lienholder obtaining a judgment after an amount-to-be-raised statement is submitted but before the sale must file an updated statement within five days after entry of the new judgment.

If a lien holder should secure a judgment after submission of any statement ofthe amount to be raised, but before the sale, then the lien holder shall also file an updated statement, no later than five (5) days after entry of the new judgment .

Civil cases

Page 26 | 502 D. Amount To Be Raised

The party requesting the sale must file the payoff statement within ten working days after the payoff request is filed.

The party requesting the sale shall file the pay off statement within ten (10) working days.

Civil cases

Page 26 | 502 D. Amount To Be Raised

Objections relating to video depositions must be made at least 10 days before trial.

All objections relating to video depositions must be made at least ten (10) days before trial.

Civil cases

Page 43 | 1201 Videotape/DVD Depositions

A defendant who declines discovery under RCr 7.24(1) and (2) must give the Commonwealth written notice within five days of arraignment.

If the Defendant(s) does not desire discovery pursuant to RCr 7.24 (1) and (2), notice declining discovery shall be provided, in writing, to the Commonwealth within five (5) days of arraignment .

Civil cases

After the Commonwealth complies, the defendant must permit the specified reciprocal discovery within ten days.

Otherwise, within ten (10) days of compliance by the Commonwealth, the Defendant(s) shall permit the Commonwealth to inspect, copy or photograph (1) books, papers, documents or tangible objects which the Defendant(s) intends to introduce into evidence and which are in the Defendant's possession, custody or control ; and (ii) any results or reports ofphysical or mental examinations and of scientific tests or experiments made in connection with this particular case or copies thereof, within the possession, custody or control of the Defendant(s) and which the Defendant(s) intends to introduce as evidence or which were prepared by a witness whom the Defendant(s) intends to call at trial when the results or reports relate to the witness' testimony [RCr 7.24 (3)] .

Civil cases

A response to objections may be filed within five days after the objections are filed.

A response to the objections may be filed within five (5) days of the filing of the objections.

Civil cases

Page 5 | 507

A Warning Order or Military Attorney must file the report within 50 days of appointment, or within the time provided by the Civil Rules; failure may be grounds for sanctions regardless of payment.

C. The Warning Order or Military Attorney will file their report within fifty (50) days from the appointment, or such time as the Civil Rules may provide. Failure to do so may be ground for sanctions by the Court, whether the Warning Order or Military Attorney has been paid or not.

Civil cases

Page 9 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY

The Court may set a filing deadline, and hearings must be held as soon as possible after filing.

The Court may designate a deadline for filing and hearings shall be held as soon as possible after filing.

Civil cases

Service and Proof of Service Rules

The party requesting a sale must file the amount-to-be-raised statement and serve a copy on all parties and the Master Commissioner.

The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.

Civil cases

Page 2 | 502 — Judicial Sales

Responses and objections to automatically referred motions must be in writing, filed directly with the Court without a hearing notice, and served within seven days after service of the motion.

Responses and objections to a motion so referred may be made in writing, shall not be noticed for a hearing and shall be filed directly with the Court. Such responses and objections shall be served within seven (7) days of service of the motion.

Civil cases

Page 4 | 506(B) Cases to enforce Liens - Reference to Master Commissioner of Post Sale Motion

The notice must be sent to the debtor’s or party’s last known address and direct them to appear before the Master Commissioner for discovery and examination at the designated date and time.

The notice shall be sent to the last known address of the judgment debtor or party and shall direct the judgment debtor or party to appear before the Master Commissioner at the designated date and time for the purposes of discovery and examination.

Civil cases

Page 6 | 510(A)

A Defendant seeking a hearing must notify the Master Commissioner in writing within seven days and send a copy of the request to Plaintiff’s counsel.

If you want a hearing, you must notify the Master Commissioner in writing) within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

Civil cases

Page 7 | 511 — Possessory and Attachment Hearings

The garnishee must forward attached or garnished funds directly to the issuing party’s attorney within 20 days of service unless the order directs otherwise.

Funds attached or garnished pursuant to a writ or order shall, within twenty (20) days of service, be forwarded by the garnishee directly to the attorney for the party on whose behalf the writ or order was issued, unless the order directs otherwise.

Civil cases

Page 8 | 514 — Procedure for Attachment and Garnishment/Service Thereof

Copies of discovery responses and evidence must be served on the opposing party.

All responses by any party shall be in writing, acknowledging or denying existence of such items, with copies of the responses and evidence being served upon the opposite party.

Civil cases

Page 13

Counsel must promptly notify the other party, its attorney, or the Court upon discovering previously requested discoverable material after the discovery deadline and before or during trial.

If, subsequent to the discovery deadline and prior to, or during trial, any party discovers additional material previously requested which is subject to discovery or inspection, counsel shall promptly notify the other party or attorney, or the Court, of its existence.

Civil cases

Page 13

Copies of motions for motion hour must be served by mail by Wednesday or by facsimile or hand delivery by noon Thursday.

All motions, civil and criminal, to be heard at motion hours shall be filed and clocked no later than noon on the preceding Thursday, with service of copies to be mailed by Wednesday, or sent by facsimile or hand-delivered by noon on Thursday .

Civil cases

Page 22 | 304 Deadline for Serving and Filing Motions

The sale-requesting party must serve the amount-to-be-raised statement on all parties and the Master Commissioner within five days after scheduling the sale.

Within five (5) days of scheduling a sale, the party requesting the sale shall file a statement ofthe amount to be raised and serve a copy on all parties and the Master Commissioner.

Civil cases

Page 25 | 502 D. Amount To Be Raised

Any other lien holder with a judgment in the case must file and serve an updated statement of the amount to be raised within five (5) days after the original statement is submitted.

Any other lien holder who has secured ajudgment in the case shall file with the Master Commissioner and serve a copy on all parties, an updated statement of the amount to be raised, within five (5) days after submission ofthe original statement by the party requesting the sale.

Civil cases

Page 26 | 502 D. Amount To Be Raised

Responses and objections to automatically referred motions must be in writing, filed directly with the Court without a hearing, and served within seven days after service of the motion.

Responses and objections to a motion so referred may be made in writing, shall not be noticed for a hearing and shall be filed directly with the Court. Such responses and objections shall be served within seven (7) days of service ofthe motion.

Civil cases

Page 28 | 506B. Cases to enforce Liens - Reference to Master Commissioner of Post Sale Motion

Notice must be served under the Rules of Civil Procedure and direct the party to appear before the Master Commissioner on Friday at 10:00 a.m.

Notice shall be served under the Rules of Civil Procedure directing the party to appear before the Master Commissioner on a Friday, at 10:00 a.m., for the purpose of discovery and examination .

Civil cases

Page 31 | 510 Bills of Discovery

Discovery responses must be written and acknowledge or deny whether the items exist; copies of responses and evidence must be served on the opposing party and filed with the Court.

All responses by any party shall be in writing acknowledging or denying existence of such items with copies of the responses and evidence being served upon the opposite party and filed with the Court.

Civil cases

Counsel must promptly notify the other party, its attorney, or the Court if additional previously requested discoverable material is found after the discovery deadline and before or during trial.

If, subsequent to the discovery deadline and prior to, or during trial, any party discovers additional material previously requested which is subject to discovery or inspection, counsel shall promptly notify the other party or attorney, or the Court, ofits existence . [RCr 7.24(8)].

Civil cases

Plaintiff’s counsel may serve attachment and garnishment writs or orders on third-party garnishees by first-class mail, certified mail with return receipt requested, or authorized personal service.

All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03.

Civil cases

Page 8 | 514 — Procedure for Attachment and Garnishment/Service Thereof

At plaintiff's counsel's option, attachment and garnishment writs or orders directed to third-party garnishees may be served by first-class mail, certified mail with return receipt requested, or authorized personal service.

-All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03 .

Civil cases

Page 32 | 514 Procedure for Attachment and Garnishment/Service Thereof

Filing Fees and Waivers

Garnishment enforcement actions may be instituted by paying the fee specified in JRP 508.

They may be instituted by payment of the fee set forth in JRP 508 and will be docketed for the same day and time as Bills of Discovery.

Civil cases

Page 8 | 514 — Procedure for Attachment and Garnishment/Service Thereof

The Jefferson Circuit Clerk must collect the Judicial Sale Administrative Fee with the original filing fee in mortgage foreclosure and real estate lien enforcement cases filed in Jefferson County.

In all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee.

Civil cases

Page 8 | 515 — Collection of Judicial Sale Administrative Fee

A fee of $125.00 plus postage per defendant applies in a Warning Order or Military Attorney matter involving only one letter and report.

A. In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a fee of $125.00 plus postage per Defendant.

Civil cases

Page 9 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY

A $50 report fee is assessed for each recommendation on a tendered judgment, whether favorable or unfavorable.

C. A $50 report fee shall be assessed for each recommendation on a tendered judgment, whether the report should recommend in favor or against the tendered judgment .

Civil cases

Page 29 | 508 Master Commissioner's Fees

If the property is sold but the sale is not confirmed, the entire sale fee is assessed.

Ifthe property is sold, but the sale is not confirmed, the entire sale fee shall be assessed.

Civil cases

Page 29 | 508 Master Commissioner's Fees

The deed fee is $50 when the Master Commissioner drafts and executes the deed, and $25 for review and execution when there is no Master Commissioner sale and the Commissioner does not draft it.

D. A $50 deed fee shall be, assessed for the Master Commissioner to draft and execute a deed. In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25 deed fee shall be assessed for review and execution.

Civil cases

Page 29 | 508 Master Commissioner's Fees

A sale fee is assessed on the final bid (or aggregate bids for qualifying lots) according to the stated percentage tiers, capped at $5,000.

A. A sale fee shall be assessed for each judicial sale, which shall be a percentage, set forth below, ofthe final bid, or in the case of several lots sold at the same time under the same judgment, the aggregate of the final bids. The sale fee shall be as follows : 5% of the first $5,000 2% of the next $20,000 1 /1 2 % of the next $175,000 %2% of the excess over $200,000 However, the fee shall never exceed $5,000 .

Civil cases

Page 29 | 508 Master Commissioner's Fees

Direct case expenses are assessed, and a deposit sufficient to cover direct sale costs must accompany the Master Commissioner's copy of the JRP 502D Statement of Amount to be Raised.

B. Direct expenses attributable to the case shall be assessed, including copies, advertising, printed bills and appraisals. A deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. The deposit must be submitted with the Master Commissioner's copy ofthe JRP 502D Statement of Amount to be Raised.

Civil cases

Page 29 | 508 Master Commissioner's Fees

A cancelled judicial sale incurs a fee of 50% of the proposed sale fee based on appraised value, or $100 if the property was not appraised, capped at $2,500.

The fee for each cancelled judicial sale shall be 50% of the proposed judicial sale fee, based upon the appraised value ofthe property, or a flat fee of $100 ifthe property has not been appraised. In no case shall the fee for a cancelled sale exceed $2,500 .

Civil cases

Page 29 | 508 Master Commissioner's Fees

Fees for paying out money or settling estates follow the stated percentage tiers, are not assessed if a sale fee is assessed, exclude amounts exempt from creditors for insolvent-estate accounts, and are capped at $5,000.

E. The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates : 3% ofthe first $2,000 2 1/2 % for the next $3,000 ; and ===== PAGE 30 ===== 1 1/2% for the excess over $5,000 . The fee shall not be assessed if a sale fee is assessed. For settlement of accounts ofinsolvent estates this computation shall exclude any amounts exempt from creditors . The fee shall never exceed $5,000 .

Civil cases

Page 29 | 508 Master Commissioner's Fees

When an appraisal is required for a real-estate sale under a court judgment or decree, each appraiser's $100 fee is taxed as costs.

A. In all sales ofreal estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100 .00 and taxed as costs.

Civil cases

Page 30 | 509 Appraisals

Other hearings without a sale, settlement, or receivership are charged at $60 per hour in quarter-hour increments, due by the fifth working day after the hearing, with stated caps and an extraordinary-circumstances exception.

G. For any other hearing in which there is no 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 ofthe hearing . No more than $600 in hearing fees shall be assessed in any case regardless of the number and length ofhearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown. If a case is reopened, additional fees totaling no more than $200 may be assessed.

Civil cases

Page 30 | 508 Master Commissioner's Fees

A $7.50 fee is assessed for an initial Bill of Discovery before the Master Commissioner and a separate $7.50 fee is assessed for a Letter of Arrest.

H. A fee of $7.50 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner. A fee of $7.50 shall be assessed for a Letter of Arrest .

Civil cases

Page 30 | 508 Master Commissioner's Fees

A $25 fee for a hearing and report on a possessory or attachment matter under KRS Chapter 425 must be paid to the Master Commissioner before the hearing.

F. When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25 fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

Civil cases

Page 30 | 508 Master Commissioner's Fees

Bills of Discovery are automatically referred when the notice copy and required fee are filed with the Commissioner's office.

Bills of Discovery shall automatically be referred to the Master Commissioner when a copy of the notice together with the required fee is filed in the Commissioner's office.

Civil cases

Page 31 | 510 Bills of Discovery

The Jefferson Circuit Clerk must collect the Judicial Sale Administrative Fee with the original filing fee in covered mortgage foreclosure and real estate lien enforcement cases.

Beginning January 1, 2007, in all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee.

Civil cases

Page 33 | 515 Collection of Judicial Sale Administrative Fee

The Court assesses a $100 fee for a Warning Order or Military Attorney matter involving one letter and report, plus $50 for each additional defendant.

In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a $100 fee. For each additional Defendant, the Court shall assess a $50 fee.

Civil cases

Page 40 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY

The possessory or attachment hearing fee must be paid to the Master Commissioner before the hearing.

This fee shall be paid to the Master Commissioner prior to the hearing.

Civil cases

Page 5 | 508(E)

Report fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

The Master Commissioner shall assess all report fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Civil cases

Page 5 | 508(B)

Any assessed sanction fee must be paid to the Jefferson Circuit Court Clerk.

Any sanction fee assessed shall be paid to the Jefferson· Circuit Court Clerk.

Civil cases

Page 5 | 508(B)

Deed fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

The Master Commissioner shall assess all deed fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Civil cases

Page 5 | 508(C)

A $25 deed fee is assessed for review and execution when there is no Master Commissioner sale and the Master Commissioner does not draft the deed.

In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25.00 deed fee shall be assessed for review and execution.

Civil cases

Page 5 | 508(C)

The court may authorize sanction fees for repeated corrective action or recurring attorney or firm mistakes that cause repeated case review.

Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office.

Civil cases

Page 5 | 508(B)

Judicial sale fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

The Master Commissioner shall assess all judicial sale fees in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Civil cases

Page 5 | 508(A)

If a case is reopened, additional fees of up to $200 may be assessed.

If a case is reopened, additional fees totaling no more than $200 may be assessed.

Civil cases

Page 5 | 508(F)

The fees must be paid to the Master Commissioner.

These fees shall be paid to the Master Commissioner.

Civil cases

Page 5 | 508(F)

A $25 fee is assessed for the hearing and report in a possessory or attachment matter under KRS Chapter 425.

When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25.00 fee shall be assessed for the hearing and report.

Civil cases

Page 5 | 508(E)

Fees under Part IV are assessed for receiving and paying out money under court order, subject to the judicial-sale exception, or settling estate accounts.

The Master Commissioner or Receiver shall assess fees when receiving and paying out money under court order (except as otherwise provided for judicial sales) or for settling the accounts of estates in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Civil cases

Page 5 | 508(D)

A fee under Part IV is assessed for other hearings that do not involve a sale, settlement, or receivership.

For any other hearing in which there is no sale, settlement, or receivership, a fee shall be assessed in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Civil cases

Page 5 | 508(F)

Hearing fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Judge approves more for shown extraordinary circumstances.

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.

Civil cases

Page 5 | 508(F)

For required appraisals in real-estate sales under a court judgment or decree, each appraiser receives a $100 fee taxed as costs.

In all sales of real estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100.00 and taxed as costs.

Civil cases

Page 6 | 509(A)

For specified complex real-estate appraisals, the Court may order more than $100 per appraiser based on the time, labor, and skill involved.

However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting of multiple apartments or multiple parcels, the Court may order a fee of more than $100 for each appraiser taking into consideration the time, labor and skill involved.

Civil cases

Page 6 | 509(B)

The Court determines each appraiser's personal-property fee based on evidence concerning the property and the work involved.

Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal.

Civil cases

Page 6 | 509(C)

A $25 fee is assessed for a Letter of Arrest.

A fee of $25.00 shall be assessed for a Letter of Arrest.

Civil cases

Page 6 | 508(G)

The Circuit Court Clerk must transmit the Judicial Sale Administrative Fee to the Administrative Office of the Courts quarterly as requested.

The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts on a quarterly basis as requested.

Civil cases

Page 8 | 515 — Collection of Judicial Sale Administrative Fee

Incurred expenses are not refunded if a sale is withdrawn.

If a sale is withdrawn, incurred expenses will not be refunded .

Civil cases

Page 29 | 508 Master Commissioner's Fees

The court may authorize sanction fees for repeated corrective action or recurring mistakes that cause repeated review; assessed fees are paid to the Jefferson Circuit Court Clerk.

Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office. Any sanction fee assessed shall be paid to the Jefferson Circuit Court Clerk.

Civil cases

Page 29 | 508 Master Commissioner's Fees

Master Commissioner fees are subject to the schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice.

I. The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV ofthe Administrative Procedures of the Court of Justice.

Civil cases

Page 30 | 508 Master Commissioner's Fees

For court-directed appraisals of personal property, the Court determines each appraiser's fee based on evidence it may require about the property, its value, and the appraisal work involved.

Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal .

Civil cases

Page 30 | 509 Appraisals

For appraisals of commercial, industrial, multiple-apartment, or multiple-parcel real estate, the Court may order more than $100 per appraiser after considering the time, labor, and skill involved.

B. However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting ofmultiple apartments or multiple parcels, the Court may order a fee ofmore than $100 for each appraiser taking into consideration the time, labor and skill involved .

Civil cases

Page 30 | 509 Appraisals

In exceptional circumstances only, a Warning Order or Military Attorney may petition the Court to set a higher fee.

In exceptional circumstances only, the Warning Order or Military Attorney may petition the Court to set a fee in excess ofthe amount(s) specified above.

Civil cases

Page 40 | RULE 1001 WARNING ORDER AND MILITARY ATTORNEY

No fee is assessed for reports on tendered distribution and confirmation orders.

A fee shall not be assessed for any reports upon tendered distribution and confirmation orders.

Civil cases

Page 29 | 508 Master Commissioner's Fees

A $25 fee is assessed for the initial Bill of Discovery before the Master Commissioner.

A fee of $25.00 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner.

Civil cases

Page 5 | 508(G)

Sealing & Redaction Procedures

Eligible counsel may seek funds through an ex parte, in camera application, and the Judge must conduct the inquiry ex parte and in camera on the record, with the record sealed.

Counsel for a person who is financially unable to pay for investigation, experts, the attendance of out-of-state witnesses, or other services reasonably necessary for the defense may request funds for those services in an ex parte, in camera application to the Judge and, upon such request, the Judge shall conduct the inquiry ex parte and in camera, on the record and with the record sealed.

Civil cases

Filing Bundling Requirements

Discovery documents and exhibits must not be filed with the court unless a party requests filing or the court requires it during pretrial litigation, trial, or appellate review.

The parties shall not file discovery documents or exhibits with the court unless either party requests or the court requires such filing during pretrial litigation, trial, or appellate review.

Civil cases

Page 13

Pre-Motion Conference Requirements

Parties must make a good-faith effort to resolve discovery disputes before bringing a motion to the court.

The parties shall make a good faith effort to resolve disputes among themselves which arise in the course of discovery before bringing any motion to the court.

Civil cases

Page 13

When oral argument is requested under the cited rules, counsel must move for a hearing date at the Court’s regular motion hour instead of filing notice.

If a request for oral arguments has been made pursuant to CR 72 .10(B) or 72.12(b), counsel shall, in lieu ofnotice, move for a hearing date at the Court's regular motion hour.

Civil cases

Page 39 | RULE 901 DISTRICT COURT APPEALS

Hearings on the listed pretrial issues must be scheduled before the day of trial.

Hearings for bond reduction, suppression issues, discovery issues, consolidation of offenses, separate trial, etc., shall be scheduled prior to the day oftrial .

Civil cases

Adjournment & Extension Requirements

The Court will grant timely requests to reschedule matters that conflict with the listed holidays or conferences.

The Court will grant timely requests to reschedule matters docketed in conflict with religious holidays, the Kentucky Bar Association's annual meeting, Prosecutors' conference, and the Department of Public Advocates' conference .

Civil cases

Chambers Communication Rules

Bills of Discovery are conducted in the Master Commissioner's Office on Friday mornings.

Bills of Discovery shall be conducted in the Office of the Master Commissioner on Friday mornings.

Civil cases

Page 6 | 510(A)

Common questions about Jefferson Circuit Court rules

Does Jefferson Circuit Court require a pre-motion conference or letter before filing a motion?

Parties must make a good-faith effort to resolve discovery disputes before bringing a motion to the court.

View ruleSource: page 13

What page or word limits apply to brief in Jefferson Circuit Court?

Jefferson Circuit Court's rule states these limits: 25 pages; 5 pages. Motions to dismiss, for judgment on the pleadings, and for summary judgment require a memorandum of authority capped at 25 pages; replies are capped at 5 pages, and both must use at least 12-point type.

View ruleSource: page 23, section 401 Motions to Dismiss; Judgment on the Pleadings, and Summary Judgments

What must be included with objections filings in Jefferson Circuit Court?

Objections to the Master Commissioner's Report must state particulars and include a memorandum of authorities when appropriate.

View ruleSource: page 5, section 507

What must be included with bill of discovery filings in Jefferson Circuit Court?

Failure to meet the stated Bill of Discovery requirements results in remand from the post-judgment discovery docket.

View ruleSource: page 6, section 510(A)

How may parties contact Jefferson Circuit Court?

Bills of Discovery are conducted in the Master Commissioner's Office on Friday mornings.

View ruleSource: page 6, section 510(A)

How does Jefferson Circuit Court handle sealed or redacted filings?

Eligible counsel may seek funds through an ex parte, in camera application, and the Judge must conduct the inquiry ex parte and in camera on the record, with the record sealed.

How do I request an adjournment or extension in Jefferson Circuit Court?

The Court will grant timely requests to reschedule matters that conflict with the listed holidays or conferences.

Does Jefferson Circuit Court require motion papers to be bundled?

Discovery documents and exhibits must not be filed with the court unless a party requests filing or the court requires it during pretrial litigation, trial, or appellate review.

View ruleSource: page 13

Are filing fees or waivers addressed in Jefferson Circuit Court?

A fee is required for covered filings. Garnishment enforcement actions may be instituted by paying the fee specified in JRP 508.

View ruleSource: page 8, section 514 — Procedure for Attachment and Garnishment/Service Thereof

What filing deadlines does Jefferson Circuit Court set?

A successful bidder may move to confirm a sale at least 10 days after the report is filed; otherwise, a confirmation motion may be filed at least 20 days afterward.

View ruleSource: page 3, section 506 Confirmation

What rule applies to serving all parties in Jefferson Circuit Court?

Details: recipient: all parties. The party requesting a sale must file the amount-to-be-raised statement and serve a copy on all parties and the Master Commissioner.

View ruleSource: page 2, section 502 — Judicial Sales
Complete rules summary for Jefferson Circuit Court

Garnishment enforcement actions may be instituted by paying the fee specified in JRP 508.

Incurred expenses are not refunded if a sale is withdrawn.

The party requesting a sale must file the amount-to-be-raised statement and serve a copy on all parties and the Master Commissioner.

A successful bidder may move to confirm a sale at least 10 days after the report is filed; otherwise, a confirmation motion may be filed at least 20 days afterward.

Responses and objections to automatically referred motions must be in writing, filed directly with the Court without a hearing notice, and served within seven days after service of the motion.

A response to objections may be filed within five days after the objections are filed.

Objections to the Master Commissioner's Report must state particulars and include a memorandum of authorities when appropriate.

Judicial sale fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

Report fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

The court may authorize sanction fees for repeated corrective action or recurring attorney or firm mistakes that cause repeated case review.

Any assessed sanction fee must be paid to the Jefferson Circuit Court Clerk.

Deed fees are assessed under Part IV of the Administrative Procedures of the Court of Justice.

A $25 deed fee is assessed for review and execution when there is no Master Commissioner sale and the Master Commissioner does not draft the deed.

Fees under Part IV are assessed for receiving and paying out money under court order, subject to the judicial-sale exception, or settling estate accounts.

A $25 fee is assessed for the hearing and report in a possessory or attachment matter under KRS Chapter 425.

A fee under Part IV is assessed for other hearings that do not involve a sale, settlement, or receivership.

The fees must be paid to the Master Commissioner.

Hearing fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Judge approves more for shown extraordinary circumstances.

If a case is reopened, additional fees of up to $200 may be assessed.

A $25 fee is assessed for a Letter of Arrest.

For required appraisals in real-estate sales under a court judgment or decree, each appraiser receives a $100 fee taxed as costs.

For specified complex real-estate appraisals, the Court may order more than $100 per appraiser based on the time, labor, and skill involved.

The Court determines each appraiser's personal-property fee based on evidence concerning the property and the work involved.

Bills of Discovery are automatically referred to the Master Commissioner.

Failure to meet the stated Bill of Discovery requirements results in remand from the post-judgment discovery docket.

The judgment creditor must call the Master Commissioner’s Office to schedule discovery, then by the close of the second business day file the notice with the Clerk and deliver a file-stamped copy and the required fee to the Master Commissioner.

An appraisal must be written, signed by its preparers, and filed in the court record before the sale.

A party may not be subject to additional discovery proceedings for six months after appearing and being examined unless counsel files an affidavit showing a warranted change of circumstances.

The statutory demand must include the quoted statement requiring a written hearing request within seven days and a copy to the Plaintiff’s attorney.

Plaintiff’s counsel may serve attachment and garnishment writs or orders on third-party garnishees by first-class mail, certified mail with return receipt requested, or authorized personal service.

More Judges in Jefferson Circuit Court

Ann Bailey Smith
Judge
Annie O'Connell
Judge
Brian Edwards
Judge
Eric J. Haner
Judge
Jennifer Bryant Wilcox
Judge
Jessica E. Green
Judge
Julie Kaelin
Judge
Melissa Logan Bellows
Judge