Jefferson Cir. Ct. Local R. Rule 4

401 Motions to Dismiss; Judgment on the Pleadings, and Summary Judgments.

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. Prior to

notice of submission, counsel may request oral argument. Counsel shall file Form AOC-

280, Notice of Submission of Case for Final Adjudication, when the case is ready for

submission.

402 Motions for Discovery Orders.

Counsel in civil and criminal cases shall make a good faith effort to resolve disputes

among themselves which arise in the course of discovery. 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. To the extent that extrajudicial means have not

disposed of the matter, a party may file an appropriate order under CR 37. 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. Response to the motion shall be filed pursuant to CR 37.

403 Motions for Default Judgment.

A. Motions for Default Judgment shall not be noticed for a hearing but shall stand

submitted upon filing with the Court. Ifthe Court determines a hearing is

necessary under CR 55.01, a hearing date will be assigned and notice

will be given to the movant.

B. 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:

Motions forAttorney'sFees

DEFAULT JUDGMENT CERTIFICATE

Plaintiff,by counsel,certifiesthat:

1.

No papershavebeenservedon Plaintiffscounselby Defendant(s)in

default.

2.

Defendant(s)were servedon (date)

by (how served)

The balancedueisasfollows:

A .The amount oftheoriginalobligationis$

B. The amount paidby Defendant(s)tobe deductedfromtheoriginal

obligationis$

C. Iftheobligationcontainsprecomputedinterest,andotherprecomputed

charges,theamount tobedeductedpursuanttostatuteis

D .The balanceduefromDefendant(s)is$

E. Ifthebalancedueon lineD aboveisdifferentfromtheamount sought

intheDefaultJudgment,thereasonis

C.

A claimforliquidateddamages shallbe supportedby sufficientwritten

documentationtoestablishthattheamount claimedisaccurate.

Allmotionsforattorney'sfeesshallbe accompaniedby an affidavitofcounselsetting

forthindetailthedatesoftheservicesrendered,theexactnatureoftheservicerendered

on eachdate,thenames ofthepersonsrenderingtheservice(ifparalegalorothercounsel

ofrecord),andthenumber ofhours(orfractionsthereof)renderedby eachperson.The

number ofhoursshallbe totaled,andasuggestedreasonableamount ofcompensationper

hourshallbe setforth.The affidavitmust alsodisclosethestatuteorotherauthority

supportingtherequestedawardofanattorney'sfee. IftheapplicablestatuteisKRS

411.195,thentheaffidavitmustalsocontainashowingthattherequiredattorney'sfee

was actuallypaid,orwas agreedtobe paid,by thepartyenforcingthewrittenobligation.

When apartyseekingan awardofanattorney'sfeereliesupon a writingtoestablish

entitlementtothefee,a copyofthewritingshallbeattachedwiththeapplicableportion

highlighted.

RULE 5

COMMISSIONER PRACTICE

TheMaster Commissioner'sofficehaspublished"GuidelinesforLienEnforcement

ActionsinJeffersonCounty,Kentucky" to assistattorneys.This bookletisavailableat

theCommissioner'sOffice. Whilenotmeanttobe alegaltreatise,theGuidelinesare

designedtohelppractitionersavoidcommon pitfallsinpracticeand containhelpful

forms. The CourtencouragespractitionerstoreviewtheseGuidelines asan adjunctto

theseRules.

ReferencestoMaster Commissioner.

Referencesshallbe made totheMasterCommissionerasprovidedby theRulesofCivil

Procedure,by theKentuckyRevisedStatutes,by these Rules,orby courtorderin

individual cases. The ordershallbe sufficientlyspecifictoindicateclearlythepurposes

ofthereferenceandthedutiestobeperformedby theMasterCommissioner.

JudicialSales.

A. SalesunderExecutionorAttachment.Unlessspecificprovisionsaremade tothe

contraryinthejudgmentor orderdirectinga sale, alljudicialsalesmay be made by

theMasterCommissioner.The Sheriffshallmake salesunderexecutionor

attachment.

B. Time andPlace.Unlessotherwiseprovidedinthejudgmentororderofsale,all

judicialsalesby theMasterCommissionershallbe heldon Tuesdayatorabout

10:00a.m.,ata placedesignatedby theMasterCommissioner.Duringtheconductof

ajudicialsale,theMasterCommissionershallhavepower tokeeporder ormay have

theJeffersonCountySheriffdo so.

C. Deposit- ResaleifnotMade. Ineverycase,exceptwhereapersonorderingthesale

shalldirectotherwise,thecashdepositspecifiedintheorderorjudgmentofsaleshall

bemade. Ifthe depositisnotmade immediately,theMasterCommissionershall

rejectthebidandresellthepropertyforthwith.Inmaking aresale,theMaster

Commissionershallreceiveno bidfromtherejectedbidder. A depositpaidtothe

MasterCommissionershallstopintereston thebidtothe extentofthe depositasof

the dateofpayment.

D. Amount To Be Raised.

1) Withinfive(5)daysofschedulingasale,theparty requesting thesaleshall

filea statementoftheamounttobe raisedandservea copyon allpartiesandthe

MasterCommissioner. A formforthisstatementmay be obtainedfromthe

Commissioner'soffice.A new statementshallbe filedifasaleisrescheduled.

The statementshallitemizeallamountsincludedintheparty'sjudgment,current

throughthesaledateand aperdiem rate.The statementwillnotincludecourt

costsandreservedamounts.

See Amendment to this Rule by Supreme Court Order dated December 8, 2021

2) 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. The updated statement shall itemize all

amounts included in the party's judgment, current through the sale date and a per

diem rate. (The updated statement shall also include the amounts to be raised by

the party requesting the sale.) 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.

3) Any party may file a pleading in Court soliciting a pay off from the party

requesting the sale and any other lien holders who have secured a judgment. The

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

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

The pay off (s) shall include the amount to be raised, plus itemized current

charges and costs.

4) The Commissioner's handbill shall advertise the amount to be raised as set

forth on the most recently updated statement(s), thirty five (35) days before the

sale.

5) The Commissioner shall withdraw the sale if the debtor pays the Receiver in

full either the pay off (s) or the amount to be raised from the most recent

statement, and files an affidavit that the pay off statement required by JRP

502D(3) was not filed.

E. Proceeds from Sale of Real Estate. The Master Commissioner shall collect the

proceeds from sales of real estate and upon appropriate orders shall distribute the

proceeds or a portion thereof to parties as approved by the Court. Any ad valorem

taxes that are delinquent at the time of sale shall be paid out of the proceeds of

sale regardless of the entity that is owed those taxes unless the entity owning the

delinquent tax lien timely files a pleading demanding the property be sold subject

to the taxes. This shall include any ad valorem taxes that have become delinquent

while the action was pending.

503 Bidding Procedures.

Bids shall be increased in amounts equal to or greater than the following minimum

increments: All bids between $500 and $50,000 .00 shall be increased in increments of

$500.00. Bids of $50,000 .00 up to $100,000 .00 shall be increased in increments of

$1,000 .00. All bids more than $100,000 .00 shall be increased in increments of

$2,000 .00.

The Master Commissioner shall only accept bids which specifically state the amount of

the bid and shall reject bids which only state the amount that the bid is to be increased.

If the required minimum increase would cause the party to the lawsuit to exceed their

authorized maximum bid, a party to the lawsuit shall be allowed one final bid which is

less than the above required minimum increase provided that the bid is stated to be a final

bid. Non-parties to the lawsuit shall have no right to make a final bid.

504 Advertisement of Sale.

Deposit for Advertisement. When any order is entered requiring an advertisement

or notice in any newspaper or handbill, the moving party shall deposit with the

Master Commissioner an amount sufficient to pay the costs of the advertisement

or notice. Until the deposit is made, the Master Commissioner shall not make the

advertisement or publish the notice.

B. Cost of Advertisement. When more than one sale is set for the same date, all

notices in any newspaper shall be advertised by one single item with the general

information applicable to each sale appearing only once and the cost of

advertising the general information equally apportioned to the cost ofthe sale of

the various cases.

505 Inclusion by Reference in Judgment of Procedure of Sale.

Unless the judgment specifically states otherwise, everyjudgment directing the Master

Commissioner to sell real estate will be considered to include the following provisions,

which will be a part ofthe judgment by reference to this Rule:

The Master Commissioner is directed to sell the real estate described in the judgment at

public auction to the highest bidder on some Tuesday morning about 10 :00 a.m. Notice

of the time and location ofthe sale shall be given in two ways: first by the posting of

handbills at the Master Commissioner's office and on or near the property to be sold for

at least ten (10) days prior to the date of sale, and second, by placing an advertisement

once a week for three (3) successive weeks next preceding the sale in the daily newspaper

of the largest circulation published in Jefferson County, Kentucky. The notice shall

include the place, time and terms of the sale, along with a short description of the

property to be sold.

The real estate shall be sold on terms of one-fourth down and the balance on credit of six

(6) months, bearing interest at the rate of twelve percent (12%) per annum from date of

sale. The one-fourth down and the provisions of KRS 426.705 must be complied with in

a reasonable time not to exceed thirty (30) days from the date of sale. When the purchase

price is paid, the deed will be delivered. Where the property sold includes insurable

improvements, the successful bidder, at the bidder's own expense, shall carry fire and

extended coverage insurance on the improvements from the date of the sale until the

purchase price is paid to the extent obtainable or to the court appraised value ofthe

improvements or to the unpaid balance of the purchase price, whichever is less as a

minimum, with a loss clause payable first to the Master Commissioner ofthe Jefferson

Circuit Court, or first to the person or persons entitled under the judgment to receive the

purchase price. Failure of the purchaser to effect the insurance shall not affect the

validity of the sale or the purchaser's liability but shall allow the party or parties entitled

to receive the purchase price to purchase this insurance and the premium paid, or the

proper portion thereof, shall be charged to the purchaser as purchaser's costs.

506 Confirmation

A. Report of Sale. 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. The motion shall be docketed for a hearing at motion hour unless (1) all

parties who are not in default (including purchaser) waive notice; (2) the Plaintiff

is the purchaser and all other parties are in default for failure to appear; or (3) the

motion is automatically referred to the Master Commissioner under JRP 506B.

B. Cases to enforce Liens - Reference to Master Commissioner of Post Sale Motion.

After the judicial sale has taken place in the action involving the enforcement of

any lien on real estate, motions made by any party may, at the option ofthe

movant, stand automatically referred to the Master Commissioner to examine the

record and report promptly as to what disposition should be made of the motion.

A motion which is automatically referred under this Rule shall not be docketed

for a hearing at a motion hour. 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. Unless specifically limited by the Court

in a particular action, the Master Commissioner has the general powers set out in

CR 53 .04 and 55.01, including the power to require the filing of briefs prior to

making a report.

507 Master Commissioner Reports.

A. Reports of the Master Commissioner shall be confirmed by the Court without the

necessity ofmotion if no objections are filed within the time period prescribed by

Civil Rules, except as otherwise provided in JRP 506.

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.

C. Objections to the Master Commissioner's Report shall be made with particulars

and with a memorandum of authorities, if appropriate.

Master Commissioner'sFees.

The MasterCommissionershallassessthefollowingfeesand expenses:

A.

A salefeeshallbe assessedforeachjudicialsale,whichshallbe apercentage,set

forthbelow,ofthefinalbid,orinthecaseofseverallotssoldatthesame time

underthesamejudgment,theaggregateofthefinalbids.The salefeeshallbeas

follows:

5% ofthefirst$5,000

2% ofthenext$20,000

1 1/2 % ofthenext$175,000

%2% oftheexcessover$200,000

However,thefeeshallneverexceed$5,000.

The feeforeachcancelledjudicialsaleshallbe 50% oftheproposedjudicialsale

fee,basedupon theappraisedvalueoftheproperty,oraflatfeeof $100ifthe

propertyhasnotbeenappraised.Inno caseshallthefeeforacancelledsale

exceed$2,500. Ifthepropertyissold,butthesaleisnotconfirmed,theentire

salefeeshallbe assessed.

B.

Directexpensesattributabletothecaseshallbe assessed,includingcopies,

advertising,printedbillsand appraisals.A depositshallbepaidtotheMaster

Commissionersufficienttopaythedirectcostofthesale.The depositmust be

submittedwiththeMasterCommissioner'scopyoftheJRP 502D Statementof

Amount tobeRaised. Ifasaleiswithdrawn,incurredexpenseswillnotbe

refunded.

C.

A $50 reportfeeshallbe assessedforeachrecommendationon atendered

judgment,whetherthereportshouldrecommend infavororagainstthetendered

judgment.A feeshallnotbeassessedforanyreportsupon tendereddistribution

andconfirmationorders. Sanctionfeesmay be authorizedby thecourtincases

whererepeatedcorrectiveactionisrequired,orwhereindividualattorneysor

firmsrepeatthesame mistakescausingcasestobe reviewedrepeatedlyby the

MasterCommissioner'soffice.Any sanctionfeeassessedshallbe paidtothe

JeffersonCircuitCourtClerk.

D.

A $50deedfeeshallbe,assessedfortheMasterCommissionertodraftand

executeadeed.Incaseswhichdo notinvolveaMasterCommissionersaleand

theMasterCommissionerdoesnotdraftthedeed,a$25 deedfeeshallbeassessed

forreviewand execution.

E.

The MasterCommissionerorReceivershallassessthefollowingfeeswhen

payingoutmoney orsettlingestates: 3% ofthefirst$2,000

2 1/2 % forthenext$3,000;and

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.

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.

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.

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.

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.

509 Appraisals.

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.

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.

C. The appraiser shall post a written or printed notice of sale upon or near the real

estate to be sold.

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.

510 Bills of Discovery.

A. 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. 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. For this notice and

hearing, the Master Commissioner shall receive a fee, as set pursuant to JRP 508.

B. No party shall be subject to additional discovery proceedings for six (6) months

after her appearance and examination unless an affidavit is filed by counsel

showing a change of circumstances warranting this.

C. If a judgment debtor fails to respond to a notice of discovery, the judgment

creditor may subpoena the debtor for an appearance before the Commissioner. If

the debtor is served with a subpoena and fails to appear, a forthwith order of arrest

may be sought by the creditor.

511 Possessory and Attachment Hearings.

A. Actions brought pursuant to KRS Chapter 425 shall automatically be referred to

the Master Commissioner. The Master Commissioner and her deputies shall act as

the "judicial officer" to perform whatever duties are statutorily required.

B. After an ex parte action brought under KRS Chapter 425 has been filed, the clerk

shall deliver the court file to the Master Commissioner's Office. The Clerk shall

also deliver files in other actions where the Defendant requests a hearing or where

Plaintiff s counsel wants the Master Commissioner to act.

C. Required preliminary hearings in possessory and attachment actions shall be held

before the Master Commissioner each Wednesday at 2:00 p.m., or at a day and

hour designated by the Master Commissioner. Ex Parte Motions and Applications

may be heard by the Master Commissioner or the Court at any convenient time.

D. 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.

If your request is by telephone, ask for the "possessory action clerk" who will tell

you the date and time of the hearing.

When the Defendant's request is received, the Master Commissioner's Office

shall set a date and time for a hearing and notify the Defendant and counsel for

the Plaintiff of the date and time.

E. Ifno request for a hearing has been made within seven (7) days of the demand

notice, the clerk shall issue the writ or order, upon receipt of the required

compliance affidavit and bond, unless the attorney for the Plaintiff and/or the

Court request findings by the Master Commissioner.

512 Uncontested Cases to Enforce Liens - Reference to Master Commissioner.

An action involving the enforcement of any lien on real or personal property shall be

submitted for final judgment (whether submission be upon complaint or cross-complaint)

to the Master Commissioner. The Master Commissioner shall examine the record and

report promptly whether the case is ready for judgment and what judgment is justified by

the record. Unless specifically limited by the Court in a particular action, the Master

Commissioner may exercise the general powers set out in CR 53 .04 and 55.01, including

the power to require the filing ofbriefs prior to making a report.

513 Uncontested Cases to Sell Real Estate other than Cases to Enforce Liens.

An uncontested action involving the sale of real estate (other than a sale to enforce a lien

or private sale), shall be automatically referred to the Master Commissioner for final

judgment (whether submission be upon complaint or cross-complaint). The Master

Commissioner shall examine the record and report promptly whether the case is ready for

judgment and what judgment is justified by the record. Unless specifically limited by the

Court in a particular action, the Master Commissioner may exercise the general powers

set out in CR 53 .04 and 55.01, including the power to require the filing ofbriefs prior to

making a report.

514 Procedure for Attachment and Garnishment/Service Thereof.

A. -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. 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.

B. All actions in enforcement of garnishment pursuant to KRS 425.501, et seq., shall

be brought before the Commissioner. 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.

515 Collection of Judicial Sale Administrative Fee

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. The fee shall

be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts on a

quarterly basis as requested.