Ballard Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion to set adoption or termination

A motion to set an adoption or termination must be accompanied by proposed findings, conclusions, and judgment.

Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.

CRITICAL

Applies to

Pleadings

Pleadings must provide the personal identifying information required by the specified KRS chapters.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406, and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Order or judgment

When a rule is made or opinion rendered, counsel for all parties must tender and present an order or judgment conforming to the ruling or opinion.

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

CRITICAL

Applies to

Motion

Each motion must contain a Notice specifying the hearing date, time, and place.

B. Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Certificate of attendance

Parties seeking dissolution must file the trainer-issued attendance certificate as evidence of their and their subject children's attendance.

Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

In 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

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make 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

Diversion recommendation

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

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

Motion

Non-ex-parte motions must appear on the motion docket unless accompanied by an agreed order signed by counsel for all affected parties.

Every motion, other than the ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a separate proposed order to be accepted for filing.

No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.

CRITICAL

Applies to

Motion to set trial date

The motion to set a trial date must include a Report of Settlement Conference identifying all contested and settled issues.

In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.

CRITICAL

Applies to

Interrogatory answer

An answer to interrogatories or requests for admission must set out each question or request immediately before its answer.

B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.

CRITICAL

Applies to

Order or judgment

After the Judge signs an order or judgment, it must be delivered to the Clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

CRITICAL

Applies to

Separate notice

When filing a marriage dissolution action, the petitioner’s attorney or an unrepresented petitioner must file a separate notice advising the Court of any child born or adopted during the marriage who is 6–17 years old.

The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.

CRITICAL

Applies to

Civil criminal domestic order

Must include

certificate of service

Every civil, criminal, and domestic order to be entered by the Court must contain the Clerk's certification of service for all parties.

All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.

CRITICAL

Applies to

Merits motion

Merits motions must include a brief statement of grounds and supporting authorities; failure to do so may be grounds for overruling the motion.

All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be grounds for overruling the motion.

CRITICALCriminal cases

Applies to

Written recommendation

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

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) .

CRITICALCriminal cases

Applies to

Pretrial diversion application

The application must include counsel's statement and the defendant's on-record agreement to waive any right to a speedy trial or disposition if diversion is granted.

In 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

Case management conference motion

In domestic cases with unresolved issues, the petitioner's attorney or the pro se petitioner must file a motion requesting a Case Management Conference.

For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.

CRITICAL

Applies to

Interlocutory decree or uncontested final decree motion

Motions for Interlocutory Decrees and uncontested final Decrees must include proposed findings, conclusions, and a proposed decree.

Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree

CRITICAL

Applies to

Civil complaint

A civil complaint filing must include sufficient copies, with the attorneys' names and true copies of all affidavits, jurats, and exhibits.

Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure

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) .

CRITICAL

Applies to

Motion response

A party properly served with a motion and supporting grounds must respond with opposing grounds and supporting authorities; failure to respond may be grounds for sustaining the motion.

Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must include applicable restitution, supervision terms and fees, duration, specified defendant conditions, and other provisions normally used in the Court’s probation orders.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .

CRITICAL

Applies to

Order or judgment

The order or judgment must state if the affected party is unrepresented or that party's counsel declines to attest it.

If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

A diversion order must include applicable restitution, supervision terms and fees, duration, specified conduct conditions, and other provisions normally used in the Court's probation orders.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .

WARNING

Applies to

AOC-237 status quo order

A completed Status Quo Order may accompany the dissolution petition and must be presented at the initial court appearance or upon proper motion.

A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.