Ky. Cir. Ct. Clerks' Manual PETITION/NOTICE FOR REMOVAL OF ACTION TO FEDERAL COURT

73 PETITION TO MARRY

KRS 402.020, 402.030, 402.210

District Court and Family Court Division of Circuit Court

73.1 Petition

Note: Petitions are filed in the Family Court in the county where Petitioner resides,

or the District Court in that county if a family court division has not been established

in that county

1. Upon receipt of an AOC Form 202 (Petition to Marry) collect filing fees as

set forth in the Accounting Manual and give a receipt. Do not apply the

FILED stamp or process the petition until the filing fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57.

2. Assign to a division using the procedure in your local court rules.

Generate the next case number for circuit civil CI cases or use the next

pre-numbered file folder. If a family court division has not been

established generate the next case number for district civil C cases or

use the next pre-numbered file folder.

3. If the petitioner is seeking to proceed In Forma Pauperis, the petition

must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how

to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered petition. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth.

4. Apply the FILED stamp to the petition; add the date and your initials.

For instructions on opening the case, see the Case Add section of

KyCourts Manual.

5. File on a document screen using document type PPTM.

6. Do not issue a summons.

7. Have the judge assign a hearing date (or do this yourself if the judge has

delegated this duty to you). Calendar the hearing by completing a

scheduled events screen.

8. Upon receipt of a signed order, apply the ENTERED stamp; add the date

and your initials.

Quick Reference

AOC Form 202

Collect filing fees

File, date, initial

District Civil C Case

Circuit Civil CI Case

Do not issue

summons

Calendar hearing

Document type

PPTM

Do not issue

summons

Enter, date, initial

PETITION/NOTICE FOR REMOVAL OF ACTION TO FEDERAL COURT

9. Enter the order on the document screen using document type OG

Document types:

(Order Granting Permission) or OD (Order Denying Permission.) Serve

notice of entry on the parties. The method of service and date of service Order Granting −

must be completed on the document screen. See Notice of Entry. OG

10. When the order closes the case, complete the disposition date, Order Denying − OD

disposition type OTH (memo details) and judge at disposition fields on

NOE

the case screen.

PETITION/NOTICE FOR REMOVAL OF ACTION TO FEDERAL COURT

74 PETITION/NOTICE FOR REMOVAL OF

ACTION TO FEDERAL COURT

28 U.S.C. Section 1446(a)(d)

Circuit or District Court

If a case filed in circuit or district court is to be removed (transferred) to

federal court, the removal proceedings must be initiated by the defendant

in the pending action. 28 U.S.C. Section 1446(a).

74.1 Petition

1. Upon receipt of a copy of the Petition/Notice for Removal, the transfer is Quick Reference

complete. Do not send the case file to federal court. 28 U.S.C. Section

1446(d).

2. Apply the FILED stamp to the copy of the petition/notice; add date and File, date, initial

your initials.

3. File on a document screen using document type NOR. Document type

4. Close the case by completing the disposition date, (filing date on petition NOR

for removal), disposition type TRF and the judge at disposition fields on

the case screen. Disposition type

TRF