Anderson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pleading or legal paper

Must include

caption, case number

Civil and criminal pleadings and legal papers must include the prescribed court heading and case number.

A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.

CRITICAL

Applies to

Discovery

The Commonwealth's discovery must include all information in its possession or control, including information covered by RCr 7.24 and RCr 7.26.

The Commonwealth shall include in its discovery all information in its possession or control, including the information contained in RCr 7.24 and RCr 7.26.

CRITICAL

Applies to

Order referring case to master commissioner

An attested copy of the referral order must be delivered to the Master Commissioner’s office.

An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner's office.

CRITICAL

Applies to

Default judgment submission

If the action is ordered submitted at the hearing, the movant must place the entire action record and proposed judgment in the Judge's orders/judgments box in the Clerk's office.

If the action is ordered submitted at the hearing the party seeking the judgment shall place the entire record of the action and the proposed judgment in the Judge's orders/judgments box in the Clerk's office.

CRITICAL

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).

CRITICAL

Applies to

Tax bill

When disbursements will be made to taxing authorities, copies of the pertinent tax bills must be furnished to the Commissioner in time for payment of the amounts listed in the order.

If disbursements are to be made to taxing authorities, a copy of the pertinent tax bills) must be furnished the Commissioner, giving the commissioner's office sufficient time to pay the bills) with the amounts) listed in the order.

CRITICAL

Applies to

Pretrial diversion order

The diversion order must include the listed restitution, supervision, duration, compliance, testing, offense, weapon, and other appropriate conditions.

b.) The Order of Diversion shall include: i.) Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage]. ii.) Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). ili.) Duration of the diversion. iv.) Require defendant to obey all rules and regulations imposed by Probation & Parole. v.) 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. vi.) That the petitioner remain drug and alcohol free and be subject to random testing . vii.) That the petitioner have no violation of the Penal Code or the Controlled Substances Act. viii.) That the petitioner possess no firearm or any other deadly weapon. ıx.) Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility.

CRITICAL

An appropriate number of copies must be provided for all parties, including the submitting attorney and Master Commissioner.

i. Appropriate number of copies for all parties including submitting attorney and master Commissioner; and

CRITICAL

Applies to

Proposed findings conclusions

Within ten days after a court trial concludes, counsel must submit proposed findings of fact and conclusions of law to the Judge’s staff attorney by email in Microsoft Word format.

After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.

CRITICAL

Applies to

Default judgment submission

For a default judgment based on failure to appear, the movant must place the entire action record, motion, and proposed judgment in the Judge's orders/judgments box in the Clerk's office.

To submit an action for judgment against a party in default for failure to appear, the party seeking the judgment shall place the entire record of the action, the motion and the proposed judgment, in the Judge's orders/judgments box in the Clerk's office.

CRITICAL

Applies to

Order

All orders must include a signature line for approval of entry.

all orders shall contain a signature line for approval of entry.

WARNING

Applies to

Order or judgment

The required endorsement is excused if opposing counsel refuses to attest, fails to return the order within three business days of receipt, the opposing party is unrepresented, or the motion was unopposed at Motion Hour; preparing counsel must attest that an exception applies.

The endorsement required by paragraph A above shall not be required where: i). Counsel for the party(s) against whom the order is to be entered refuses to attest the order; il). Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order; ili). The party against whom the order is to be entered is not represented by counsel; or iv). There was no opposition to the motion at Motion Hour. Where any of the above apply, preparing counsel shall so attest.

WARNING

Applies to

Mediator notice

If a case is not accepted for mediation, the mediator must promptly notify the Court in writing.

i). The mediator shall notify the Court promptly in writing when a case is not accepted for mediation.

WARNING

Applies to

Mediator referral

After accepting a case, the mediator may refer it back to the Court for good cause, which must be in writing.

II). At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

WARNING

Applies to

Motion

The Court will consider release of requested information upon a written defense motion.

Upon written motion by the defense, the Court will consider whether the prosecutor shall release the requested information.

WARNING

Applies to

Agreed order

For a motion on the Motion Docket, counsel need not attend its call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand; the order must state its basis.

If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.

WARNING

Applies to

Mediator report

At the end of mediation, the mediator must report in writing that the process ended and, if no agreement was reached, report that fact without comment or recommendation; with the parties’ consent, the report may identify matters that could facilitate settlement.

v). At the conclusion of cases accepted for mediation, the mediator will report to the Court in writing the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.

INFO

Applies to

Ex parte or temporary restraining order request

The Commissioner shall then make a determination.

The Commissioner shall then make a determination.

INFO

Applies to

Agreed order

Parties may resolve discovery disputes out of court by submitting an agreed order signed by counsel for all affected parties; no supporting motion or Motion Docket placement is necessary.

Out-of-Court resolution of discovery disputes may be effectuated, if desired, by submitting to the Court an agreed order signed by counsel for all parties affected by the order. No supporting motion is necessary, and the matter need not be placed on the Motion Docket.

INFO

Applies to

Written notification

An attorney who does not wish to receive warning-order or guardian-ad-litem appointments may request removal from the list by filing written notification with the appropriate Circuit Court Clerk.

Warning Order Attorneys and Guardians Ad Litem shall be appointed from a list of attorneys who are in good standing with the 53d Judicial Bar Association and have been approved by the Chief Circuit Judge, with each attorney on the list to receive an equal number of appointments. Any attorney not wishing to receive such appointments may have his or her name removed from the list by written notification filed with the appropriate Circuit Court Clerk.