#uvrewe (wart of Wtntuckg

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1 #uvrewe (wart of Wtntuckg IN RE : ORDER APPROVING AMENDED LOCAL RULES, 32ND JUDICIAL CIRCUIT, BOYD COUNTY The Amended Local Rules of the 32nd Judicial Circuit, Boyd County, is hereby approved by the undersigned. ENTERED December 23, Chief Justice

2 AMENDMENT TO RULE XI DOMESTIC RELATIONS CASES PARENT EDUCATION CLINIC A. If there are minor children of the marriage, a proceeding for dissolution of marriage shall not be assigned for final hearing, or the matter submitted, if uncontested, until the parties have attended and participated in the Parents Education Clinic held at least once each month in the Boyd County Courthouse or such other location as may be approved by the Court. B. If a party refuses or fails to attend the clinic, the Court may make such orders in regard to the failure or refusal as are just, and among others the follows : and order to attend the clinic. (1) An order refusing to assign a trial date until the party requesting the trial date attends the clinic ; (2) An order declining to set or enforce permanent visitation rights for the disobedient party until the disobedient party attends the clinic ; (3) An order reserving the granting or approval of final custody ; (4) In lieu of any of the foregoing orders or in addition thereto, an C. This program applies to Boyd County only, effective January 1, 1998, subject to approval of the Supreme Court of Kentucky. D. The Court in its discretion may require attendance, re : post decree. C> C. DAVID HAGERMA, GE BOYD CIRCUIT COURT, DIVISION 11 l I Af K LLEY AS URY, JUDGE BOYD CIRCUIT COURT, DIV

3 #uvrewe Tourt of WtntuckV IN RE : ORDER APPROVING PROPOSED AMENDMENT TO RULE XI, DOMESTIC RELATIONS CASES, BOYD CIRCUIT COURT, 32ND JUDICIAL CIRCUIT The proposed amendment to Rule XI, Domestic Relations Cases, of the Boyd Circuit Court Rules, is hereby approved by the undersigned. ENTERED April, 1994.

4 BOYD CIRCUIT COURT 32ND JUDICIAL CIRCUIT XI DOMESTIC RELATIONS CASES The Chief Judge of the Boyd Circuit Court shall appoint a Domestic Relations Commissioner to serve Division One of the Boyd Circuit Court and a separate Domestic Relations Commissioner to serve Division Two of the Boyd Circuit Court. The Chief Judge shall appoint such person to serve the other division that the other circuit judge would prefer. Other than stated herein, all other provisions contained in Rule XI of the Rules of the Boyd Circuit Court shall remain the same. ti KELLEY A. BURY -, JU G BOYD CIR(,UIT COURT DIVISION I C. DAVID HAGERMAN, J~GE BOYD CIRCUIT COURT DIVISION II

5 #1t~trP11tE Tourt of Kenturkig IN RE : ORDER APPROVING AMENDMENT TO THE RULES OF THE BOYD CIRCUIT COURT - 32ND JUDICIAL CIRCUIT ORDER The amendment to the Local Rules of the Boyd Circuit Court, 32nd Judicial Circuit, is hereby approved by the undersigned. ENTERED September ~, Chief Justice

6 AMENDMENT TO THE RULES OF THE BOYD CIRCUIT COURT Neighborhood canvassing or questioning with regard to jurors without the prior approval. of the Court be and is hereby prohibited. Any request for permission to conduct neighborhood canvasses for information regarding jurors of the Boyd Circuit Court shall be accompanied by information as to the questions to be asked, -the identity of the questioners, the extent of the canvassing and any and all other relevant information so that the ~~ourt may make an informed decision with regard to any infringement on the right of privacy of individual jurors. Witness my hand this the 23rd day of September, A YtW-~ KELLE A URY, JU BUYD CIRCUIT CU" DIVISION I E CHARLES S. SINNETTE, JUDGE LLOYD CIRCUIT COURT DIVISION II APPROVED : CHIEF JUSTICE SUPREME COURT OF KENTUCKY

7 ,3- upreme Tourt of Wrntuckg ORDER APPROVING LOCAL RULES Pursuant to SCR 1.040(3)(a), the local rules for the Boyd Circuit Court attached as the appendix to this Order are approved. Entered March q -, 1983.

8 RULES OF PRACTICE BOYD CIRCUIT COURT CATLETTSBURG, KENTUCKY Adopted as provided in KRS Filed - day of CITATION OF RULES These rules may be cited as "RBCC" or Rules of Boyd Circuit Court. II. DIVISIONS a. Boyd Circuit Court shall operate in two divisions ; namely, Division One and Division Two, and each Division shall have jurisdiction of both criminal and civil cases as is provided in Kentucky Revised Statutes Sec b. Division No. One shall be presided over by the duly elected or appointed Judge of such Division. c. Division No. Two shall be presided over by the duly elected or appointed Judge - of such Division. III. ASSIGNMENT OF CASES TO DIVISIONS a. All cases filed, including pre-indictment applications, motions and/or petitions in criminal cases in Circuit Court, will be assigned upon filing by the Circuit Court Clerk or his deputy at the time the case is filed. The Clerk will place into a box capsules with the name and number of the Judge in the capsule and when the case is first filed, the Clerk will randomly draw a capsule out of the box assigning the case to that particular Division.

9 b. In the event the Judges of the respective divisions are disqualified from trying such cases so assigned for the reason of being attorney of record, or other reasons, the case in which such Judge is so disqualified, these cases shall be reassigned, by written order, to the other Division. The written Order reassigning the case shall be signed by the Judges of each Division. c. Where related actions are assigned to different Divisions, Judges may consolidate and/or transfer the actions to that Division of Court in which the first action was assigned. Both Judges must sign the Order transferring. IV JURY TRIAL PERIODS a. Effective January 1, 1983, the jury term for Division I shall be, and begin, on the first Monday of each month and the jury trial term for Division II shall be, and begin on Wednesday following the first Monday of each month. b. Whenever the first Monday of the month is a legal holiday, then the beginning day of the jury trial period for Division I shall be the first Tuesday following said first Monday. c. Petit and Grand Juries can be summoned for any jury trial period in accordance with the applicable statutes, and rules as promulgated by the Supreme Court of Kentucky. d. The Judges of each respective Division shall draw a sufficient number of jurors to comprise a Petit Jury for each term of Court in his or her Division. The Chief Judge of the Boyd Circuit Court shall be responsible for drawing a sufficient number of jurors to comprise the Grand Jury for each term of Court, both divisions.

10 1 e. The Judge of his respective Division will be responsible for setting his own trial docket for both civil and criminal cases. NON-AVAILABILITY OF JUDGE TO PRESIDE AT TRIALS OR OVER TRIAL PERIODS In the event the Judge of a Division is by reason of illness, necessary absence or other justifiable causes unavailable to preside at any civil trial assigned to his Division or at any trial period or any portion thereof, civil and criminal, over which he is under these rules scheduled to preside, the Judge available, consenting thereto, may preside over such trial, trial period or portion thereof. Orders and Judgments entered shall show such non-availability and consent. VI. NON-AVAILABILITY OF JUDGE If it appears that any matter, including civil or criminal, demands immediate attention and the Judge of the Division to whom said case has been assigned-is not available, then said matter may be considered and acted on by the Judge available and consenting thereto. Any Order or Judgment entered, in such event, shall recite such non-availability and consent. VII. APPOINTMENT OF COUNSEL FOR INDIGENTS IN CRIMINAL CASES The Judges of each Division shall determine if a defendant is indigent and if found to be indigent, the Court shall appoint the Public Defender of Boyd County to represent the indigent defendant. V

11 In cases of multiple defendants, the Court will hold a hearing to determine if the Public Defender can represent each defendant and each defendant will execute a waiver of appointment of a special attorney for each defendant. If there appears to be a conflict of interest at any stage prior to trial, the Court can take the following steps : a. Appoint the State Public Defender or Advocate. b. Appoint a member of the Boyd County Bar from a panel constituted in the following manner : Each year during which these Rules are in effect, those members of the Boyd County Bar Association desiring defender Judge of to participate in the private public program will notify in writing the Chief the Boyd Circuit Court of that interest and from those submitting written requests for appointment in such cases, the Chief Judge, after consideration of each applicant's qualifications, will approve and appoint a panel. of attorneys participate in the program. The number of attorneys selected shall be solely within the discretion of the Court after due consideration for the Court's criminal docket and the number of conflict cases which, in the Court's experience, arise from time to time. The Chief Judge shall enter an Order approving the applicants and formally establishing the panel and a copy of said Order shall be filed with the Clerk of the Boyd Circuit Court and copies shall be

12 made available to all Judges of both the Boyd Circuit Court and Boyd District Court for appointment purposes. V III ASSIGNMENT OF CASES FOR TRIAL a. The date of trial of civil cases shall be set by the Judges of the respective Division upon Notice and Motion in accordance with CR 40 ; by agreed order ; by the Court a pre-trial conference where the parties have been served with Notice of said conference or are present at or represented by counsel at such conference ; by the Court on its own Motion, where Notice has been given by the Court to the parties of the date and hour when the case will be set for a definite date for trial, or, in criminal cases, at the time of arraignment. b. A case set for trial will not be continued-unless a written Motion has been filed, with supporting Affidavits if required by law, execpt as otherwise accomplished by agreement of all parties and approval by the Court. IX PRE-TRIAL CONFERENCES Pre-trial conferences shall be conducted in accordance with CR 16. An Order shall be made setting the time, date and place said conference will be held and a copy of said Order shall be served on the parties pursuant to Rules of Civil Procedure by the

13 Clerk at least ten days prior to the date of the conference. The time, date and place of such conference may be set by agreement of the parties and by consent of the Court. X MOTIONS AND MOTION - DAY HOURS, CIVIL CASES a. Division I. Fridays, beginning at 9 :30 a.m., prevailing local time, except that Friday which may be a holiday designated by the Kentucky Revised Statutes or by Proclamation of the Governor. b. Division ]L. Fridays, beginning at 9 :00 a.m., prevailing local time, except that Friday which may be a holiday designated by the Kentucky Revised Statutes or by Proclamation of the Governor. c. The Clerk shall keep a Motion Docket for each Division on which he will docket in order all Motions filed and noticed for hearing for such Friday. d. Any Motion shall be considered timely for action by the Court on said Friday if served and filed no later than 12 :00 Tuesday of the week. e. In the event a Friday is a holiday as set out in a. and b. of this Rule, then all Motions which would have been called and considered on such Friday will be called and considered on the next Friday. f. Motion Day or Hour may be dispensed with if both Judges are not available, and all Motions which would have been called and

14 l considered on such Friday will be called and considered on the next Friday. g. Either Judge may call the Motion Docket of the other Division if that Judge is not available. The Judge calling the Docket of the other Division can make appropriate Orders. H. All Motions, except routine Motions, shall state on the Motion, following the signature of the attorney, or on a separate memorandum, the section of Statute, Civil Rules, Court Rules, or other authority (including cases) supporting the Motion or justifying the relief requested. XI. DOMESTIC RELATIONS CASES This designation shall include divorce cases, absolute or from bed and board ; child custody and maintenance for wife or children ; cases to increase or decrease child support or maintenance where the cases have been taken from the Court Docket ; annulment of marriage ; affirmation or avoidance of. marriage under KRS ; cases arising under KRS Chapter :-" 407 and adoptions.. Uncontested cases, except adoption cases, shall be prepared on depositions as provided in CR and submitted to the appropriate division for trial and judgment. The Court may orally hear such cases. Contested cases shall be heard orally and reported before the Judges of the respective Divisions, to whom the case has been assigned, as other non-jury cases, unless otherwise ordered by the Judges of the respective divisions. These cases can be assigned to a Special Commissioner or to the Master Commissioner.

15 XII. COPIES OF COMPLAINTS TO BE FILED When a Complaint is filed, a copy thereof, including the names of the attorneys and true copies of all affidavits and exhibits shall be left with the Clerk for each endorsed by the Clerk with the filing date defendant and shall be and number, and shall be noted on the Civil Docket. Failure to furnish such copies for all defendants shall upon proper action be cause-for the Court to extend the time to plead. XIII. VIDEO TAPE EVIDENCE Upon agreement of all counsel of record or leave of Court granted pursuant to CR 30.02(4), any party may present video tape evidence or a deposition for use in court proceedings if said evidence is produced and presented in conformity with the provisions hereinbelow set forth and otherwise meets the requirements of Kentucky law : A. The deposition may be scheduled by notice or agreement ; if scheduled by notice, said notice shall be in conformity with the Kentucky Rules of Civil Procedure. B, The party obtaining the video deposition shall use equipment of sufficient quality and quantity to produce an accurate and trustworthy record and to record all voices participating in the deposition. Only one camera shall be used unless a mechanical failure necessitates the use of another. C. In addition to utilizing the video tape equipment, such

16 i deposition shall be transcribed in the traditional method of stenographic transcription by one authorized to do so by law at the cost of the party obtaining the deposition. D. With respect to the stenographic transcription, the original thereof shall be filed in the office of the Clerk of this Court and copies made available to counsel on their order and at their cost. E. The party taking a deposition by video or otherwise having a deposition video taped shall supply a person or persons to operate and monitor the video tape equipment during the entire deposition who will not be participating in the actual interrogation process and who, upon the filing of the video tape, shall submit therewith an oath or affirmation that the same was taken accurately and in a trustworthy manner and that the tape has not been altered or edited in any fashion and -shall not be so altered or edited until further order of the Court or by agreement of counsel for all parties. r F. The person operating the video camera shall adjust the camera and lighting upon the person being deposed so as to place the upper torso of the witness in the format of the camera and shall refrain from changing the angle, closeness of view or lighting except upon the occurrence of one of the following conditions : (i) All attorneys of record agree on the record that a certain change be made, or (ii) That due to the witness's reference to a chart, evidence or illustration, it becomes necessary to move the

17 I camera to depict the chart, evidence or other illustration, or (iii) That due to the natural movement, leaning or posture of the person being deposed, it becomes necessary to move the camera in order to appropriately maintain the picture. G. The person operating the video camera shall not zoom in or out during a deposition except as is necessary to depict an item, illustration or other evidence being referred to by the witness ; thereafter, the camera shall be returned to the witness in the same manner and distance as previously maintained. At all times, the camera shall be on a tripod or similar device and shall not be "hand held" unless otherwise directed by Court order or agreed upon by all counsel of record. H. If for any reason not fully agreed upon on the record, there is an interruption of the continuous tape exposure for the purpose of off-the-record discussions, mechanical failure of the machine, change of tapes, or other similar technical r problems, it shall.be the duty of the person recording the deposition stenographically to accurately record all discussions, statements or other such occurrences during the deposition. I. If, during the course of any deposition it becomes necessary or desirable to have an earlier question and/or answer to any other portion of the record of the deposition re-read, this shall not be accomplished by rewinding or exhibiting the video tape, but instead shall be accomplished by requesting the person recording the deposition stenographically

18 1 to read from the stenographic record. J. The party obtaining video depositions shall bear the costs of obtaining and presenting said video and said costs shall not be taxed as Court costs, unless prior Order of Court regarding costs and responsibility therefor is obtained upon motion made in accordance herewith. K. In the event it becomes necessary for the Court to make an advance ruling on any aspect of the video deposition or other video presentation, the proponent of the evidence shall be responsible for bringing all equipment necessary for the Court to view the evidence being offered without delay and disruption to the Court. L. In the event more than one party utilizes video tape evidence during a single trial, those parties so doing are encouraged to avoid duplication of equipment and operators which. might delay or encumber Court proceedings. The Court recognizes that, under appropriate circumstances, video evidence other than in the form of a deposition aid the pursuit of justice. Accordingly, any party wishing to obtain, utilize or present evidence by video tape other than in the form of a deposition, may do so in general conformity with these guidelines and as further provided herein. Such evidence shall be produced only upon advance notice to counsel of record, thereby providing opposing attorneys an opportunity to be present during the filming. Further, the party taking such evidence shall be required at pre-trial conference or at such other pre-trial hearing as may be held by the Court to establish a proper foundation for the admis

19 sibility of the evidence in accordance with the requirements of Kentucky law. The Court may from time to time amend this order as experience and circumstances dictate or where appropriate enter a special order relating to particular circumstances. XIV. JURY ESCORT FEES As provided in KRS , the successful party in any action shall recover his costs, unless otherwise provided by law. However, in all jury trials and consistent with KRS 29A.180, jury escort fees and all costs associated with a jury view shall be borne by the party litigant moving the court for the view. If two or more parties in cases of multiple litigants agree that a view would aid the jury in its consideration of the evidence and join in the motion for view, then the jury escort fees and costs associated with the view shall be borne equally by all parties joining in the motion. _ XV. r INSTRUCTIONS The parties will before or at the commencement of the trial in jury actions submit such instructions as they expect to offer in the trial, but additional instructions may be offered at the trial at the close of the evidence, to conform to the proof or in the interest of justice, as provided by CR 51. XVI. NON-RESIDENT ATTORNEYS No attorney, not admitted to practice in Kentucky, may appear or file a pleading or notice in an action in this Court unless there

20 I be associated with him a permanent member of the Bar of the Commonwealth of Kentucky. No action shall be considered as submitted to the Court for trial and judgment until a written Order so stating has been entered of record in the action. XVII. SUBMISSION OF ACTIONS XVIII. DISMISSAL OF ACTION AND FAILURE TO PROSECUTE When any action has remained on the Civil Docket for one (1) year without any step being taken indicating an intention to prosecute said cause, on motion of any party, or on the Court's own Motion, the same shall upon a hearing upon Notice unless good cause is shown, be dismissed for want of prosecution. In the event an Order of dismissal is so entered, the Court will reconsider same on hearing, provided motion to reconsider is filed within ten (10) days-.after the entry of the Order of dismissal..,.` XIX. EFFECTIVE DATE These rules are adopted pursuant to the authority granted by CR 83 and KRS Section and they shall apply with full force and effect to all actions pending after the date of their promulgation by Order of the Judges of Boyd Circuit Court and certification to the Chief Justice of the Supreme Court of Kentucky and approved by Supreme Court of Kentucky. Any provisions in the Kentucky Rules of

21 Civil Procedure or Statutes in conflict with these rules shall control. All previous rules of this Court are abolished. DATED this --,1 - day of -- -, CHARLES S. DIVISION TWO APPROVED :