Adair Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Guardian ad litem report

Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510(1)(a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510(1)(a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

CRITICAL

Applies to

Discovery notices

Notices of propounded interrogatories, requests for admissions, and responses must be filed with the circuit clerk.

Notice of propounded interrogatories to opposing parties and request for admissions and notice of responses thereto, shall be filed of record in the office of the circuit clerk.

CRITICAL

Applies to

Discovery motion

A discovery motion must include either a copy of or a reference to the discovery request in dispute.

To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket. The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired. The motion must include either a copy of or a reference to the discovery request in dispute.

CRITICAL

Applies to

Adoption final hearing motion

Before filing a motion for a final adoption hearing, counsel must review Attachment A's checklist and certify how and when necessary parties were brought before the court and the applicable consent, termination order, or exception affidavit information.

Prior to filing a motion for final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Attachment "A" to these rules and certify the following: 1. The date and method by which all necessary parties were brought before the court. and 2. The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1)(a)-(d) or 199.502.

CRITICAL

Applies to

Prosecutor recommendation

When recommending pre-trial diversion, the prosecutor must submit a written recommendation stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)

CRITICAL

Applies to

Pre trial statement

For each expert witness who has not been deposed, the pre-trial statement must disclose the expected subject matter, substance of expected facts and opinions, and grounds for each opinion.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for cach opinion.

CRITICAL

Applies to

Motion

The requesting party must file the Status Quo Order, form AOC-237, with the motion.

The requesting party shall file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party must attach a certificate stating counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

The moving party shall attach to the motion a certificate of counsel which states counsel have conferred and that they have been unable to resolve their difference. The certificate should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Witness and exhibit list

The required witness and exhibit lists must identify expected witnesses and their addresses, briefly state the subject of their testimony, and list the exhibits to be entered.

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.

CRITICAL

Applies to

Motion

A merits motion must include a memorandum stating its grounds and citing relied-upon authorities; failure to include it may be grounds for denial.

All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for denying the motion.

CRITICALCriminal cases

Applies to

Written recommendation

If diversion is recommended, the prosecutor's written recommendation must state the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 and 456 must use form AOC-275.1.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Notarized consent form

A notarized consent form must be filed unless an applicable exception applies.

• Has a notarized consent form been filed? KRS 199.500

CRITICAL

For a pretrial diversion application, counsel must state on the record, and the defendant must agree, that granting diversion waives the right to a speedy trial or disposition.

If applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

CRITICAL

Applies to

Petition or motion

The petition or motion must be filed with the District Clerk designated as clerk of the Domestic Violence Session.

THE PETITION OR MOTION SHALL BE FILED WITH THE DISTRICT CLERK, WHO HAS BEEN DESIGNATED BY THE CIRCUIT COURT CLERK, AS THE CLERK OF THE DOMESTIC VIOLENCE SESSION

CRITICALCriminal cases

Applies to

Diversion order

A diversion order must include any applicable restitution, the diversion's duration, compliance with Probation and Parole rules, and the stated no-offense and other applicable conditions.

The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

The Commonwealth must submit a written recommendation to the Court for each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)

CRITICAL

Applies to

Summons

When a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Pre trial diversion agreement

Pretrial diversion may not exceed five years without the defendant’s agreement and may not be shorter than the time needed to pay restitution in full.

d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

CRITICAL

An attorney of record seeking to end representation must file a motion and give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.

CRITICAL

Applies to

Adoption motion

An adoption motion must be accompanied by proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption.

A copy of the proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption shall accompany the motion.

CRITICALCriminal cases

Applies to

Criminal record check

Before making its recommendation, the Commonwealth must obtain a Courtnet criminal record check and supply a copy to the Court and the defendant.

Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

CRITICAL

Applies to

Separation agreement or agreed judgment

An AOC-152 must be attached to the applicable child-support agreement or judgment.

An AOC-152 shall also be attached.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

Each discovery motion must include a counsel’s certificate stating that counsel conferred, the parties could not resolve the dispute, and extrajudicial means were exhausted.

No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

CRITICAL

Applies to

Adoption motion

An adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

CRITICAL

Applies to

Termination order

When an order terminating parental rights is entered, a copy must be certified to the record in the underlying dependency, neglect, and abuse case, which must be identified in the order.

Pursuant to FCRPP 36, if an order terminating parental rights is entered, a copy of the order shall also be certified to the record in the underlying dependency, neglect and abuse case which shall be identified in the order.

CRITICAL

Applies to

Agreement involving children

An agreement involving children must include the standard visitation guidelines and code of conduct, initialed by both parties on every page, unless both parties attach and sign a comprehensive alternative agreement.

Every agreement that involves children shall have a copy of the standard visitation guidelines and code of conduct attached with both parties initialing the bottom of each page, unless a comprehensive alternative agreement is attached and signed by both parties.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must list trial exhibits, attach copies when feasible, and identify a convenient inspection location for exhibits that cannot be attached.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.

CRITICAL

Applies to

Motion to submit uncontested action

A motion to submit an uncontested action must include the proposed Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage the moving party asks the Court to adopt.

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage" which the moving party desires the Court to adopt.

CRITICAL

Applies to

Motions and correspondence

Must include

case number

Motions and correspondence must include the case number, party names, date, and a designated motion type.

All motions and correspondence shall include the case number, the names of the parties. the date, and a designated type of motion.

CRITICAL

Applies to

Jury instructions

Jury instructions must be provided to the court and opposing counsel at the final pretrial conference.

b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must list each potential trial witness and expert witness with an address and telephone number.

All witnesses and expert witnesses who may testify at trial shall be listed, along with their addresses and telephone numbers.

CRITICAL

Applies to

Jury instructions

Jury instructions must be provided to the court and opposing counsel when pre-trial compliance statements are distributed.

Jury Instructions shall be provided to the court and the opposing counsel at this time pre-trial compliance statements are distributed.

CRITICAL

Before recommending on an application, the Commonwealth must obtain a Courtnet criminal record check and supply a copy to the Court and defendant.

Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

CRITICAL

Applies to

Plea agreement

If the parties reach a plea agreement at the required meeting, it must be reduced to writing and signed by the specified attorneys and defendant(s).

a. After a pretrial conference has been set by the Court, the Commonwealth Attorney and/or Assistant Commonwealth Attorney and counsel for the defendants) shall agree to meet and discuss any possible plea agreements or resolution of the case. At this meeting the defendant shall be present and if an agreement is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth Attorney, counsel for the defendant, and the defendant(s).

CRITICAL

Applies to

Response

A party properly served with a supported motion must file a response memorandum stating its opposing grounds and citing supporting authorities.

Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

CRITICAL

Applies to

Petition

The adoption petition must contain all necessary information.

Does the petition contain all the necessary information? KRS 199.490

CRITICAL

Applies to

Final verified disclosure statement or affidavit

For disputed property matters at trial, the parties must file an AOC-239 or may instead file an affidavit stating there have been no changes since completion of the AOC-238, if filed.

Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)

CRITICAL

Applies to

Separation agreement

A Separation Agreement that departs from the KRS Chapter 403 child support guidelines must state the reason for the deviation.

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

CRITICAL

Applies to

Filing

Must include

case number

Every pleading, motion, or other paper filed by counsel or a party must include the case number and the signer’s typed or printed name, address, and telephone number; an email address is optional.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and email address (optional) of the attorney or party signing the paper.

CRITICAL

Applies to

Separation agreement or agreed judgment

A Separation Agreement or Agreed Judgment establishing child support must attach the Commonwealth of Kentucky monthly Child Support Obligations Worksheet and comply with FCRPP 9.

Any Separation Agreement or Agreed Judgment for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for monthly Child Support Obligations and shall further comply with the requirements of FCRPP 9.

CRITICALCriminal cases

For a pretrial diversion application, counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

If applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

CRITICAL

Applies to

Motion to submit for decree

Must include

certificate of service

A motion to submit for decree in a default case must state the specified pleading and service facts, and certify service and compliance with the Servicemembers’ Civil Act when applicable.

Pursuant to FCRPP 3(2), in all cases of default, the motion to submit for decree shall state the following: That no answer or pleading have been received by the moving party or counsel; That the Respondent was personally served and 20 days have elapsed since service, or that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney; and, c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.

CRITICAL

Applies to

Video copy request

The clerk may not release a video copy of an in-camera interview with a child without a specific written order; a person seeking the order must give the judge a written explanation identifying the requested portion and the specific purpose of the request.

The circuit clerk shall not release any video copies of in-camera interviews with children without a specific written order from the Circuit Judge in compliance with FCRPP 27. An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-camera interview with a child and specific purpose of the request.

CRITICAL

Applies to

Diversion order

i. The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of.KRS 533.030 or any other condition the Court deems appropriate.

i. The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial diversion. Specifically, direct the defendant to comply with any other provision of.KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Petition

The petition must indicate in its Court Action section whether the action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

The judge reviewing a petition for an order of protection shall indicate in the ¿Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

INFOCriminal cases

Applies to

Diversion order

The Court may include the listed drug, alcohol, testing, offense, weapon, and duration terms in the diversion order.

The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

INFO

Applies to

Diversion order

The diversion order may include the listed additional conditions, including drug testing at the defendant’s expense when applicable.

il. The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.