Bath County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Dispositional report

CHFS must provide the information required by FCRPP 28 and file and provide any dispositional report to the court and attorneys of record at least three days before the hearing, using form DNA-12.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICALCriminal cases

Applies to

Pretrial diversion application

A pretrial diversion application requires counsel to state, and the defendant to agree on the record, to waive the right to a speedy trial or disposition if diversion is granted.

In applying for pretrial diversic . ::, 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

Pretrial report

The pretrial report must include specified background, criminal-history, prior-program, employment, residency, and eligibility information.

The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

CRITICALCivil cases

Applies to

Emergency custody order request

A party requesting an ECO after hours, on a weekend, or on a holiday must comply with FCRPP 19.

Any party requesting issuance of an ECO shall comply with the requirements of FCRPP 19 when making said request.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence to be imposed 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

Pleadings and papers requiring attorney signature

Pleadings and papers requiring an attorney’s signature must include the attorney’s typed name and complete address, telephone and fax numbers, and, if appropriate, email address on the last page.

All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions to dismiss and motions for summary judgment must not be set for Motion Day and must be filed with a memorandum of authorities and proposed order.

MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.

CRITICAL

Applies to

Trial readiness notice

By the report date, attorneys must advise the Court in writing whether they are ready for trial and the probable trial length.

On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

CRITICALCivil cases

Applies to

Motion to withdraw

An attorney seeking to withdraw must file a motion to withdraw under FCRPP 26.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.

CRITICALCriminal cases

Applies to

Pretrial report and contract

After the diversion contract is completed, the pretrial officer must submit the report and contract to the trial judge for approval.

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.

CRITICALCriminal cases

Applies to

Written recommendation

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.

CRITICAL

Applies to

Motion for compensation or fees

Motions for compensation or fees for Warning Order Attorneys and Guardians ad Litem must include an affidavit stating the appointment basis, services and fee reasonableness, and whether the proceedings have concluded.

Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.

CRITICAL

Applies to

Show cause motion

Must include

proposed order

A proposed show-cause order must be attached to the show-cause motion and direct the alleged offending party to appear on the next available motion docket in the county where the action is pending.

A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is pending.

CRITICAL

Applies to

Motion

When necessary to prove relevant points in a motion, the relevant discovery answers must be attached to the motion as an exhibit.

If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.

CRITICAL

Applies to

Final hearing notice

If a party to a divorce action fails to respond and refuses to waive notice of the final hearing, the matter must be noticed for a date certain.

However, if a party to a divorce action fails to respond and refuses to sign a waiver of notice of final hearing, the matter shall be noticed for a date certain.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s “Court Action” section whether the case 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

Default motion

A default matter placed on the motion docket must be accompanied by a tendered judgment and notice to the party in default.

placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.

CRITICAL

Applies to

Motion

Where appropriate, motions must state their specific grounds and the legal authority supporting them.

Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a statement waiving the right to a speedy trial.

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial.

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.

E. Cases may be reassigned or transferred between courts if it is determined 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 shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCivil cases

Applies to

Petition

Petitions undergo County Attorney legal-sufficiency review, with rejected petitions submitted to a District Judge; approved petitions are initialed, distributed to the assigned prosecutor, and filed in original with the appropriate Circuit Court Clerk.

All petitions shall be filed in accordance with FCRPP 20. All petitions shall then be submitted to the County Attorney and/or Assistant County Attorney in the appropriate county, who shall check the petition for legal sufficiency. If the petition is rejected by the County Attorney and/or Assistant County Attorney, it shall be submitted to a District Judge for determination of legal sufficiency. If the Judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the appropriate Circuit Court Clerk in the 21s Judicial District.

CRITICAL

Applies to

Motion to transfer civil child support case

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

CRITICAL

Applies to

Guardian ad litem filing

Within 60 days of appointment, the Guardian ad Litem must file either an answer for the respondent or a report stating that no defense can be presented after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.

CRITICAL

Applies to

Motion

Must include

certificate of service

The certificate of service for a motion must reflect service on the appropriate Circuit Judge.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICAL

Applies to

Transfer order

A transfer order must be signed and sent by the transferring judge, signed by the accepting judge acknowledging acceptance, and filed in the case being transferred.

To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. 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.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

A diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s obligation not to commit offenses and to comply with specified conditions.

B. The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 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

Judgment

In the specified mobile-home foreclosure actions, the judgment submitted to the court must include the mobile home's VIN.

In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.

CRITICALCriminal cases

Applies to

Order

If a participant fails to comply with the contract, the pretrial officer must refer the matter to the trial judge, who must enter an order reflecting the termination-or-modification determination.

If the program participant fails to comply with the condition of the contract, the pretnal officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must tender a proposed order with each motion when appearing on motion day.

Counsel shall tender a proposed order with each motion when they appear on motion day.

CRITICAL

Applies to

Summons and petition

The clerk must include a copy of the motion with the summons and petition for service.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICALCivil cases

Applies to

Petition

Petitions must include the factual allegations supporting jurisdiction and full information about the child's parents and their addresses; the petitioner must make diligent efforts to locate the parents.

Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es). The petitioner shall make diligent efforts to locate the child's parents.

CRITICAL

Applies to

Default judgment motion

Where Kentucky Rule of Civil Procedure 55.01 applies, a party seeking default judgment must first file a written motion; the remainder of the requirement is cut off in the provided text.

A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment and have

CRITICAL

Applies to

Motion

A motion requesting entry of a Status Quo Order must state that the respondent has ten days to object to entry.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must establish the plaintiff's status as note and mortgage holder and include the specified note, mortgage, affidavit, assignment-chain, or successor-in-interest documentation.

Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;

CRITICAL

Applies to

Case assignment receipt

A copy of each case’s division-assignment receipt must be filed in the case file.

A copy of the receipt assigning each case to a division shall be filed in the case file.

CRITICAL

Applies to

Original deposition

Original depositions must be filed in the Court record pursuant to CR 30.06.

Originals of depositions shall be filed in the Court record pursuant to CR 30.06.

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the court-ordered conditions and other applicable terms.

Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services.

CRITICALCivil cases

Applies to

Emergency custody order request

An interested party requesting an ECO must comply with FCRPP 19.

Any such interested party shall comply with the requirements of FCRPP 19 when making a request for an ECO.

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.

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody 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

Contempt motion

A motion seeking a contempt show-cause order must be supported by a sufficient affidavit showing the applicant is entitled to the order.

A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.

CRITICAL

Applies to

Notice of service

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

A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.

CRITICAL

Applies to

Judgment and order

The text requires the scrivener’s typed name and signature and the words “Prepared By” on judgments and orders presented for signature, but the passage is incomplete.

scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the

WARNINGCriminal cases

Applies to

Contract termination statement

A program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or trial judge.

A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.

WARNING

Applies to

Uncontested divorce submission

Uncontested divorces may be submitted with the documentation required by FCRPP 3(1), unless the court waives it, without notice for a date certain.

Uncontested divorces may be submitted to the Court, with appropriate documentation as required by FCRPP 3(1) unless otherwise waived by the Court, without being noticed for a date certain.

INFOCriminal cases

Applies to

Order of pretrial diversion

A diversion order may include conditions requiring the petitioner to remain drug- and alcohol-free and submit to random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.

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