Ky. Sup. Ct. Order 2023-39

Supreme Court of Kentucky

2023-39

ORDER

IN RE: MANDATORY ELECTRONIC FILING IN SELECTED CASE TYPES

IN THE CIRCUIT AND DISTRICT COURTS OF THE

COMMONWEALTH

Pursuant to Section 116 of the Kentucky Constitution and the

Administrative Rules of Practice and Procedure for the Kentucky Court of

Justice Electronic Filing (2022-65, “eFiling Rules”), effective January 1, 2024,

all eligible documents, including document(s) initiating the action, shall be

electronically filed by an attorney in the following case types in the circuit and

district courts:

1. Probate/Estate – Guardianship-Juvenile

2. Probate/Estate – Adult Conservatorship – Trusteeship

3. Probate/Estate – Juvenile Conservatorship – Trusteeship

4. Probate/Estate – Probate-Testate

5. Probate/Estate – Probate-Intestate

6. Probate/Estate – Petition to Dispense with Administration

7. Probate/Estate – Name Change

8. Probate/Estate – Will Contest

In the event of a technical failure, Section 18 of the eFiling Rules shall

apply. For the purposes of this order, “eligible documents” means those

documents for which an action in eFiling is configured and available to the

filer. If a document is not eligible for eFiling, it may be conventionally filed.

Effective February 1, 2024, the Circuit Clerk shall reject and return any

conventionally filed document that is eligible for eFiling in these case types,

except that, attorneys who have not obtained certification to electronically file

in the KY eCourts eFiling application and are unable to do so in time to comply

with a jurisdictional deadline shall be permitted to file an eligible document(s) if

accompanied by AOC Form 108, Affidavit of Necessity (Mandatory eFiling).

Judges, commissioners, and other court personnel are strongly

encouraged to electronically file orders, notices, and other documents in all

case types considering system availability and limitations.

This order supplements Administrative Order 2022-22, Administrative

Order 2022-45, Administrative Order 2022-51, and Administrative Order 2023-

04 regarding Mandatory Electronic Filing in Selected Case Types in the Circuit

and District Court of the Commonwealth.

Entered this 13th day of November 2023.

All sitting. All concur.

____________________________________

CHIEF JUSTICE