Allen Circuit Court Document Filing Requirements

CRITICAL

Applies to

Protective order petition

A person administering the oath must place their signature and office in the designated space on the form.

Any such person administering the oath shall fix his/her signature and office in the space provided on the form.

CRITICAL

Anyone administering the oath must sign and identify their office in the designated space on the form.

Any such person administering the oath shall fix his/her signature and office in the space provided on the form.

CRITICAL

Applies to

Motion

A motion relating to child visitation must state specific reasons why the incorporated time-sharing or visitation guidelines should not be followed.

Motions relating to child visitation shall contain a statement setting forth specific reasons why the time-sharing/visitation guidelines incorporated in these rules should not be followed.

CRITICAL

Applies to

Motion to withdraw appearance

Counsel remain of record through the time to appeal unless the Court relieves them upon written motion and notice.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order

CRITICAL

Applies to

Pre trial compliance

Counsel must file a pre-trial compliance document containing the required witness, jury-instruction, and exhibit information, and may include other appropriate matters.

Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance", which must contain the following (a) The names and addresses of all proposed trial witnesses ; (b) Proposed jury instructions (with citation of supporting authorities) ; and (c) A list and description of proposed trial exhibits The pre-trial compliance may also include such other matters as counsel may deem appropriate and beneficial to the Court

CRITICALCriminal cases

Applies to

Commonwealth recommendation

If the Commonwealth recommends diversion, its written recommendation must state the proposed diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendation to the Court of conditions for the . pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)

CRITICAL

Applies to

Motion

Motions served on the adverse party must state a hearing date, except motions included in an answer; a noticed motion without a hearing date is treated as not filed.

All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion noticed which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICAL

Applies to

Petition

The petition’s Court Action section must identify whether the resulting action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the 'Court Actioni 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.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified Kentucky statutes.

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

Counsel requesting one of the listed custody or visitation interventions must provide detailed reasons supporting the request.

In requesting one of the alternatives presented above, counsel for a party shall provide in detail the reasons supporting the request.

CRITICAL

Applies to

Pleading or entry of appearance

Pleadings and entries of appearance must state counsel’s office address, mailing address, and telephone number.

On pleadings and in their entry of appearance, counsel shall set forth their office address, mailing address, and telephone number

CRITICAL

Applies to

Proposed trial exhibits

At the pre-trial conference, counsel must produce the original proposed trial exhibits and make them available to the Court and opposing counsel for identification and examination.

At the pre-trial conference, counsel shall produce the original of all proposed trial exhibits and make same available for identification and for examination by the Court and by opposing counsel

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

Forthwith upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed .

CRITICALCriminal cases

Applies to

Commonwealth 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)

CRITICALCriminal cases

Applies to

Pretrial diversion order

A diversion order must address applicable restitution, supervision status and fees, sufficient duration for restitution, compliance with Probation and Parole rules, and the specified offense and other conditions.

The Order of Diversion shall include: 1. Restitution, if applicable. See KRS 533 .254. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). Supervision fees shall be not more than $25 .00 and not less than $10 .00 per month. 3. Duration of the diversion, which shall be sufficient to insure payment of restitution where applicable. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial 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

Protective order petition

Protective-order petitions under KRS Chapter 403 or 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

CRITICAL

Applies to

Motion to compel discovery

Must include

certificate of conference

A motion to compel discovery must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve their differences without a hearing.

703 All motions to compel discovery shall contain a certificate, by counsel, that she or he has their differences without a hearing. conferred or corresponded with opposing counsel and that they are unable to reconcile

CRITICAL

Applies to

Petition

B. 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

B. 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

CRITICAL

Applies to

Entry of appearance

An attorney must file an entry of appearance as soon as becoming involved in the case; when substituting for counsel of record, a motion must be filed or an agreed order submitted.

becomes involved in the case. If an attorney is being substituted as counsel of record for An attorney shall forthwith file an entry of appearance in a case as soon as he or she another attorney, a motion shall either be filed or an agreed order submitted.

CRITICAL

Applies to

Entry of appearance

An entry of appearance for a limited purpose must specify the limited nature of counsel’s representation.

an entry of appearance for a limited purpose shall specify the limited nature _` counsel's representation of the client

CRITICAL

Applies to

Motion to schedule trial

A motion and notice are required for the Court to schedule a jury or bench trial.

Jury trials and bench trials will be scheduled by the Court upon motion and notice

CRITICAL

Applies to

Child custody motion

A child-custody motion must include an affidavit stating how much of the past six months the child was in each parent’s physical possession within Kentucky.

Motions relating to child custody shall be accompanied by an affidavit(s) that contains a statement of the extent to which the child/children have been in the physical possession of each parent within the Commonwealth of Kentucky for the past six (6) months.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be accepted and filed with the court.

shall be accepted and filed with the court.

CRITICAL

Applies to

Form

A person administering the oath must sign the form and identify their office in the space provided.

Any such person administering the oath shall affix his/her signature and office in the space provided on the form.

CRITICAL

Applies to

Trial memorandum

When the Court requests them, the parties must file trial memoranda addressing the listed facts, issues, arguments, relief, updated trial materials, and mediation status if applicable.

When requested by the Court, Petitioner and Respondent shall file trial memoranda which address the following: 1. A summary of the general facts; 2. A statement of any stipulated facts; 3. A listing of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute; 5. Argument with ample supportive citations of authority pertinent to each issue of fact and law; 6. Conclusion setting forth the specific relief sought from the Court; 8. A statement of the status of mediation (if applicable). 7. Any updated witness lists, trial exhibits; etc., and

INFOCriminal cases

Applies to

Pretrial diversion order

A diversion order may include drug- and alcohol-free requirements with random testing, no-violation conditions, and a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act, or any other offense . 3. That the petitioner possess no firearm or any other deadly weapon

CRITICAL

A motion for default judgment must include counsel’s certification, to the best of counsel’s knowledge, that the defendant is not in the U.S. military, in addition to CR 55.01 certifications.

Motions for Default Judgment must be accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.