Anderson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Page requesting judge signature

Must include

case number

If a page requesting the judge's signature does not otherwise identify the case name and number, the court name and case number must appear at the top of that page.

D. If a page requesting the Judge's signature has no other indicator of the case name and number on said page, a notation of the court name and case number shall be included at the top of said signature page.

CRITICAL

Applies to

Docket pass form and order

Defense counsel must complete and tender a Docket Pass Form and Order to the Clerk, as an original or faxed copy, for a qualifying continuance request.

In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.

CRITICAL

Applies to

Ex parte or temporary restraining order request

Requests for ex parte and temporary restraining orders, along with the record, must be delivered immediately to the Commissioner by the Clerk or the attorney requesting relief.

Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.

CRITICAL

Applies to

Motion notice

A notice of a criminal motion must state the hearing date, time, and place, except for shock-probation and prerelease-probation motions.

The notice of a motion in a criminal case, other than a motion for shock probation or prerelease probation, shall specify the date, time and place for the hearing thereof.

CRITICAL

Applies to

Criminal appeal withdrawal filings

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: a. Notice of appeal pursuant RCr 12.04; b. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; c. Designation of record on appeal; and d. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: a. Notice of appeal pursuant RCr 12.04; b. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; c. Designation of record on appeal; and d. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.

CRITICAL

Applies to

Motion

Each specified motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon

CRITICAL

Applies to

Agreed order

An agreed order deciding or affecting issues on appeal must clearly state either that the appeal is dismissed and the case is remanded for specified action or judgment, or which specified issues remain to be decided.

G. All agreed orders deciding or affecting the issues on appeal must clearly state either (a) that the appeal is dismissed and the case remanded to the District Court for specific action or judgment or (b) that certain specified issues remain to be decided.

CRITICAL

Applies to

Sale advertisement

The sale advertisement must be published in a qualifying newspaper and include the specified sale, case, and property-identification information.

Before conducting a sale, the Master Commissioner shall advertise in a newspaper meeting the requirements of KRS 424.120. The advertisement shall include the time, terms and place of sale, a reference to the judgment and order of sale in case number YY-CI-#####, together with a description of the property to be sold, which shall include only the street address (or if the property has no street address a brief description of its location) and any numbers) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping (such as the parcel or property identification number).

CRITICAL

Applies to

Jury instructions

The parties must tender proposed jury instructions to the Judge's office three business days before trial on a CD or diskette in Microsoft Word format.

The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.

CRITICAL

Applies to

Docket pass form and order

For a pass sought for a defendant in another institution or detention facility, the original Form and Order must be presented to the Judge for signature when the motion docket is called.

The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket.

CRITICAL

Applies to

Pretrial diversion order

Pretrial diversion may not last more than five years unless the petitioner agrees.

C.) Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner.

CRITICAL

Applies to

Order confirming sale

An order confirming the sale must be submitted to the Court.

and an order confirming the sale shall be submitted to the Court.

CRITICAL

Applies to

Default judgment motion

A party seeking a default judgment under CR 55.01 must file a written motion.

A party seeking a judgment by default under CR 55.01 shall file a written motion therefor.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include an affidavit stating whether the defaulting party is in military service.

and (b) by an affidavit stating whether the party in default is in the military service.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

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 shail be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Guilty plea documents

In a criminal case with a guilty plea, the defendant must sign the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty, and both must be attached to the record by 3:00 P.M. one business day before the motion docket.

In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.

CRITICAL

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations for the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

3. When diversion is recommended, the Commonwealth must make written recommendations 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

Pretrial diversion order

The diversion agreement must last at least as long as the time needed to pay restitution in full.

Duration of the diversion agreement shall not be less than the time required to make restitution in full.

CRITICAL

Applies to

Final appeal order

An order making final disposition of an appeal must provide for payment of costs and remand the case to the District Court.

F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76.20 within 30 days thereafter the record will be returned to District Court.

CRITICAL

Applies to

Summons

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

E. Cases may be reassigned or transferred between courts if it is dete mined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge s all re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Judgment or order

Judgments or orders directing a sale, disbursement, or deed must be submitted with the record to the Commissioner for certification and then delivered to the Court for approval and entry at its next motion hour.

In addition to other requirements of these Rules, all judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner or directing the delivery of a deed must be submitted along with the record to the Commissioner for certification that it complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry at its next motion hour.

CRITICAL

Applies to

Order or judgment directing sale

The order or judgment directing the sale may adopt these terms and conditions by reference to the rule; otherwise, it must restate them.

The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.

CRITICAL

Applies to

Relevant pages of condensed deposition transcript

If the Court orders it, relevant pages of a condensed deposition transcript must be filed when the deposition is the subject of a motion before the Court.

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Petition for order of protection

The judge reviewing an order-of-protection petition shall identify in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

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 456.

CRITICAL

Applies to

Discovery filing

When the Commonwealth withholds material as non-discoverable, it must state that in writing when it files the prosecutor's file contents.

In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court.

CRITICAL

Applies to

Order

The order must include a prepared-by signature line for the submitting attorney.

g. A prepared by signature line of the attorney submitting order;

CRITICAL

Applies to

Reinstatement of judicial sale

Reinstatement of a judicial sale after an order withdrawing or abating it requires a motion and order.

Reinstatement of a judicial sale following an order to withdraw or abate same shall be made by motion and Order.

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement to the Court.

iii). If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Order or judgment

After a ruling or opinion, counsel for all parties must attest that the conforming order or judgment matches it and present the order or judgment to the Court.

Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as being in conformity to the ruling or opinion, and shall be presented to the Court.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include an attorney certificate stating that no papers were served on the attorney by the defaulting party and giving the date and method of service on that party.

The motion shall be accompanied (a) by a certificate of the attorney that no papers have been served upon the attorney by the party in default, the date and method by which the party in default was served

CRITICAL

Applies to

Order or judgment directing sale or deed

Orders or judgments directing a property sale or deed must include the specified property, party, title, cost, lien, payoff, and—when requested—auctioneer information.

Every order or judgment of this Court directing the Commissioner to sell property or to execute or deliver a deed shall contain: The legal description of the property including a street address (or if it has no street address, a brief description of its location and size; b. The name of the parties or parties whose interest is being sold or conveyed; c. The source of that party (or parties') title with deed book, page number and date of deed or recording date of deed; d. A specific designation of all costs, liens, and/or encumbrances to be paid. Regarding liens to be released, the judgment and order of sale shall specify the name and address of the entity and/or person(s) holding a lien and/or encumbrance, the payoff amount as of the end of the month in which the judgment and order of sale is drafted, and a per diem amount if applicable. e. A directive, upon request of the creditor or mortgage holder, that the Master Commissioner hire a licensed auctioneer to sell real estate which he has been ordered to sell pursuant to KRS 426.522.

CRITICAL

Applies to

Pretrial diversion application

The application must state that, if diversion is granted, the defendant waives any right to a speedy trial or disposition, and the defendant must agree to that waiver on the record.

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

CRITICAL

Self-addressed stamped envelopes must be provided for all parties, including the submitting attorney.

j. Self-addressed stamped envelopes for all parties including submitting attorney.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Summons

If 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

Discovery filing

Officers retaining evidence for impracticality or security reasons must list the evidence and its storage location, provide the list to the Commonwealth's Attorney, and have it included in the discovery filings.

viii). All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's discovery filings with the Court.

CRITICAL

Applies to

Order or judgment

After the Judge signs an order or judgment, it must be delivered to the Clerk for entry, and preparing counsel must also provide enough properly addressed, stamped envelopes for any service required by CR 77.04.

When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry. Counsel preparing the order or judgment SHALL ALSO DELIVER TO THE CLERK A SUFFICIENT NUMBER OF PROPERLY ADDRESSED, STAMPED ENVELOPES to permit the Clerk to complete service thereof when required by CR 77.04.

CRITICAL

Applies to

Motion

The defendant may seek additional discovery or other relief by written motion, but discovery motions must be specific and broad motions will be summarily overruled.

The defendant, by and through counsel, may request by written motion additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.

CRITICAL

Applies to

Substitution or withdrawal

Substitution or withdrawal of counsel may proceed by an agreed order naming new counsel and signed by all parties, or by leave of Court on proper motion with notice to all parties.

Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.

CRITICAL

Applies to

Notice of hearing

A hearing notice must state the hearing’s date, time, and place.

The notice of the hearing shall specify the date, time and place for the hearing.

CRITICAL

Applies to

Order of submission

The parties must prepare and present an order of submission identifying the issues submitted for decision.

the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted

CRITICAL

Applies to

Distribution order

An order distributing funds held by the Commissioner must state all amounts collected, identify the proper recipients, and specify each recipient’s amount due under the judgment or order.

Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients) and the specific amounts due each under the judgment or order.

CRITICAL

Applies to

Opposition

A party properly served with the motion and supporting memorandum must file an opposing response citing supporting authorities; the 25-page limit is subject to leave of Court.

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

CRITICAL

Applies to

Appraisal

Appraisals must be written, signed by the appraisers, and filed in the court record before the sale.

Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.

CRITICAL

Must include

certificate of service

The required submission must include a certificate of service by the Circuit Court Clerk.

h. A certificate of service by the Circuit Court Clerk;

CRITICAL

Applies to

Withdrawal or abatement of judicial sale

After entry of a Judgment and Order of Sale, withdrawal or abatement of the sale requires a motion and order before the sale date and time.

Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

The required submission must include a Master Commissioner signature line indicating certification and compliance.

f. A signature line for the master commissioner indicating certification and compliance;

CRITICAL

Applies to

Pleading or paper requiring certificate of service

Pleadings and papers requiring a certificate of service must include counsel's typed name, complete address, and telephone number, and the complete name, address, and telephone number of all opposing counsel on the last page.

B. All pleadings and papers requiring a certificate of service shall set forth on the last page thereof the typed name and complete address of counsel, including telephone number AND complete name, address, and telephone number of all opposing counsel.

CRITICAL

Applies to

Notice of service

A notice of service under CR 33, CR 34, and CR 36 must be filed in the record.

A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.

CRITICAL

Applies to

Submission for decision

An action may be submitted only after entry of a notice of submission and AOC Form-280, and the notice and record must be placed in the Judge’s orders/judgments box in the Clerk’s Office.

An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280. The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.