Bell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleading

Circuit Court initiating pleadings must be designated Petitions and their initiators Petitioners; responsive pleadings must be designated Responses and their filers Respondents.

1. Designation of Pleadings. The initiating pleading in actions initiated in the Circuit Court shall be termed the "Petition," and the initiating party the "Petitioner." The responsive pleading in such actions shall be termed the "Response," and the responding party the "Respondent."

CRITICAL

Applies to

Post trial withdrawal

Counsel representing a defendant who will appeal a conviction may withdraw after trial only with the Court’s permission, which requires preparation and filing of the listed appeal documents, including the specified documents if appropriate.

After a trial, counsel shall not, without permission of the Court, withdraw from the representation of a defendant who will appeal a judgment of conviction. Permission shall not be granted unless counsel has prepared and filed the following: (i) a notice of appeal pursuant to RCr. 12.04; (ii) if appropriate, a motion to proceed in forma pauperis, accompanied by an affidavit and proposed order; (il) if appropriate, a proposed order substituting the Department for Public Advocacy as counsel on appeal; and (iv) a designation of record on appeal.

CRITICAL

Applies to

Notice of delay in mediation

When ordered mediation is delayed beyond 90 days, the parties must file a Notice of Delay in Mediation stating the reasons and certifying whether they are or will be making reasonable efforts to reschedule.

If mediation is ordered in an action, and it is delayed beyond the ninety (90) day period described in paragraph 1 above, the parties, jointly or by designation, shall file of record with the Bell Circuit Court Clerk a Notice of Delay in Mediation, which shall specify the reason(s) for the delay, and shall certify whether the parties are, or will be, making reasonable efforts to pursue the rescheduling of mediation.

CRITICAL

Applies to

Appearance waiver agreement

When the parties agree to waive a defendant’s appearance requirement for all or a predetermined set of court events, they must file the agreement of record; an agreement for one particular event need not be filed.

If the parties agree to waive such requirement in regard to all, or a predetermined set of, court events, the parties shall file their agreement of record with the Bell Circuit Court Clerk. However, if the parties so agree in regard to a single, particular court event, the agreement need not be filed of record.

CRITICAL

Applies to

Criminal garnishment motion

A criminal garnishment motion must contain enough information for the order to identify all garnishees.

shall contain sufficient information for the order to properly identify all garnishees.

CRITICAL

Applies to

Response

A Respondent listing additional actions or proceedings in the Response must submit the list as an attached exhibit, which must be placed in the action file.

If a Respondent intends to list additional actions or proceedings in his or her Response, he shall submit the list in the form of an exhibit attached to the Response, which exhibit shall be placed in the file for the action

CRITICAL

Applies to

Written request to view video record

A person seeking to view a child-interview video must submit a written request to the Court stating its purpose and identifying the requested portion as an in-chambers interview with a child.

A person desiring to view such a record shall submit a request to do so in writing to the Court, which request shall state the purpose of the request, and shall specifically indicate that the portion of the video record being requested is an in-chambers interview with a child.

CRITICAL

Applies to

Order or judgment directing master commissioner

An order or judgment directing the Master Commissioner to sell property or execute or deliver a deed must include the specified property, interest-holder, and title-source information.

Any order or judgment directing the Master Commissioner to sell property, or to execute or deliver a deed, shall contain (i) the legal description of the property, including a physical address, or if it has no physical address, a brief description of its location and size; (ii) the name(s) of the person(s) whose interest is being sold or conveyed; (iii) and the source of the person's title, including, if applicable, a deed book citation, and the date of the deed and the recording of the deed.

CRITICAL

Applies to

Motion to recall warrant

If an unserved warrant is to be recalled, the motion must specify good cause for the defendant’s failure to appear and include supporting evidence.

If a warrant for the arrest of a defendant has been issued and has not been served, counsel for the defendant may file of record with the Bell Circuit Court Clerk a motion to recall the warrant, which shall state with specificity good cause for the defendant's failure to appear, and which shall be accompanied with sufficient evidence thereof.

CRITICAL

Applies to

Installment payment plan

An installment payment plan, if permitted, must specify the number and timing of payments and, if payments go to someone other than the Bell Circuit Court Clerk, the recipient; the request must be by motion noticed for hearing.

2. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court establish an installment payment plan for the payment of any monetary obligations, which plan, if permitted, shall specify at minimum the number of payments to be made, the times or intervals at which they are to be made, and, if other than the Bell Circuit Court Clerk, the person to whom payments are to be made. Any request for the cstablishment of an installment payment plan shall be by motion, which shall be noticed for a hearing at the convenience of the Court.

CRITICAL

Applies to

Petition

If a guardian ad litem is required, the Petition must identify any Bell County-practicing guardian ad litem known to have previously represented a child involved in the action.

(ii) if in the Bell Circuit Court action the appointment of a guardian ad litem is required, the identity of any guardian ad litem, practicing in Bell County, known to have been previously appointed to represent a child involved in the Bell Circuit Court action.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Upon confirmation of a judicial sale, a proposed order confirming the sale and an appropriate number of copies must be submitted to the Court.

Upon confirmation of a judicial sale, a proposed order confirming the sale, with an appropriate number of copies, shall be submitted to the Court.

CRITICAL

Applies to

Objection

Objections to a judicial sale must state their grounds with specificity.

All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity.

CRITICAL

Applies to

Case submitted on depositions

Cases submitted on depositions, except uncontested divorces, must include legal memoranda or briefs with appropriate citations and proposed findings, conclusions, and judgments.

All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memoranda or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments.

CRITICALCriminal cases

Applies to

Pretrial diversion application

In applying for 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

CRITICAL

Applies to

Notice of cancellation

If the property is withdrawn from sale or its owner files for bankruptcy relief, the sale must be cancelled and the Commissioner must give notice of cancellation.

If property to be sold is withdrawn from sale, or if the property owner has filcd for relief in bankruptcy, the judicial sale shall be cancelled and the Commissioner shall give notice of cancellation of sale.

CRITICAL

Applies to

Notice of resolution

When mediation resolves all issues, the parties must file a Notice of Resolution certifying that all issues are resolved and no further court proceedings on the substantive issues are needed.

designation, shall file of record with the Bell Circuit Court Clerk a Notice of Resolution, which shall certify that all issues have been resolved and that there is no need for the action to proceed further in court on the substantive issues.

CRITICAL

Applies to

Responsive memorandum

A party opposing a properly served motion accompanied by a memorandum must file a responsive memorandum stating its grounds and citing authorities; failure to file it timely may be grounds for granting the motion.

Any party properly served with a motion accompanied by a memorandum as provided in subparagraph (a) above shall, if the party opposes the motion, file of record a responsive memorandum of the grounds on which the party opposes the motion with citation of authorities relied upon. Failure to timely file of record a responsive memorandum may be grounds for granting of the motion.

CRITICAL

Applies to

Real property appraisal

If a statute or court order requires an appraisal, the Master Commissioner must arrange for two qualified, unrelated appraisers to be sworn, and their written appraisals must be filed of record with the Clerk.

If required by statute or order of the Court, the Master Commissioner, before making a sale of real property, shall have the property appraised by two intelligent, disinterested housekeepers of Bell County, who shall not be related to the parties to the action. Before conducting their appraisals, the appraisers shall be swor by the Master Commissioner. The appraisers shall return their appraisals in writing to the Master Commissioner, who shall file the appraisals of record with the Bell Circuit Court Clerk.

CRITICAL

Applies to

Motion to cancel mediation

If all parties conclude before mediation begins that mediation is no longer practicable or preferable, they must jointly file a Motion to Cancel Mediation with the Clerk and notice it for a hearing.

If mediation is ordered in an action, and thereafter, but before the beginning of mediation, it appears to all the parties that mediation is no longer practicable or preferable, the parties shall jointly file of record with the Bell Circuit Court Clerk a Motion to Cancel Mediation, such to be noticed for a hearing at the convenience of the Court.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 and 456 must be requested, completed, and signed by the person seeking protection, made on form AOC-275.1, and 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 shall be accepted and filed with the court.

CRITICAL

Applies to

Report of sale and costs

After a sale is completed, the Master Commissioner must file a Report of Sale and Costs of Sale with the Bell Circuit Court Clerk.

After the completion of a sale, the Master Commissioner shall report any actions by filing of record with the Bell Circuit Court Clerk a Report of Sale and Costs of Sale.

CRITICAL

Applies to

Petition

The list of related Family Law actions must identify each case’s style, number, state, county, court, nature, and current status.

(b) The list required under clause (i) of subparagraph (a) above shall contain the style of the case, the case number, the state, county and court in which the action proceeded, and a brief statement of the nature of the action and its current status.

CRITICAL

Applies to

Motion

All motions shall contain a notice of hearing specifying the date, time, and place of hearing.

All motions shall contain a notice of hearing specifying the date, time, and place of hearing.

CRITICAL

Applies to

Tax bill

If funds are to be disbursed to a taxing authority, a copy of the pertinent tax bill must be furnished to the Master Commissioner.

If disbursements are to be made to a taxing authority, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner.

CRITICAL

Applies to

Confirmation order

If an objection is timely filed, the sale may be confirmed only by court order after the objection is resolved.

If an objection is filed of record within the prescribed period, confirmation shall occur only upon order of the Court after resolution of any objections.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on 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

Proposed order of distribution

When the Master Commissioner holds funds requiring distribution, he must submit a proposed Order of Distribution describing the amounts collected and identifying each recipient and distribution amount.

If funds requiring distribution are held by the Master Commissioner, he shall submit a proposed Order of Distribution to the Court, describing all amounts collected, and identifying the proper recipients) and the specific amounts to be distributed to the recipient(s) in accordance with the order of judgment of the Court.

CRITICAL

Applies to

Discovery order motion

A discovery-order motion concerning discovery requests, answers, or documentary items must attach the relevant materials as an exhibit, except for submissions of agreed orders for approval.

When a motion for a discovery order concerns discovery requests or answers thereto, or documentary items, a copy of the requests, answers, or documentary items about which the motion pertains shall be attached to the motion in the form of an exhibit. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.

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 it.

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

Motion

The original must be attached to the faxed or emailed copy, and the motion is considered filed as of the date that copy was received and marked filed.

The original shall be attached to the faxed or emailed copy and shall be considered filed of record as of the date the faxed or emailed copy was received and marked as filed.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .

CRITICAL

Applies to

Attorney signed pleading motion or legal paper

Attorney-signed pleadings, motions, and other legal papers must include the signing attorney’s facsimile number and, if available, email address, in addition to the information required by CPR-120.

All pleadings, motions and other legal papers requiring the signature of an attorney shall set forth, in addition to that information required in the Rules of Practice and Procedure for the Cumberland Region of Judicial Circuits, more specifically CPR-120, the facsimile transfer number of the attorney signing said document, and electronic mailing address, if available.

CRITICAL

Applies to

Motion

Unless inappropriate given the motion’s nature, a motion must include a brief memorandum stating its grounds and citing authorities relied upon; omission may be grounds for denial.

Unless by the nature of the motion it would not be reasonably appropriate, all motions shall be accompanied by a brief memorandum of the grounds for the motions with citation of authorities relied upon. Failure to include a memorandum may be grounds for denial of the motion.

CRITICAL

Applies to

Motion to enter guilty plea

A defendant seeking to plead guilty must complete the appropriate AOC-491 or AOC-491.2 form.

If a defendant desires to enter a plea of guilty, the defendant shall complete a form AOC-491, "Motion to Enter Guilty Plea," or AOC-491.2, "Motion to Enter Guilty Plea Pursuant to North Carolina v. Alford," whichever is appropriate.

CRITICAL

Applies to

Child support motion

A party moving for a temporary or final child support order must submit a completed AOC-152 form if applicable.

In all Family Law actions in which a party moves the Court for a temporary or final order of child support, the party so moving the Court shall submit to the Court a completed form AOC-152, "Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employees," if applicable.

CRITICAL

Applies to

Discovery order motion

Must include

certificate of conference

A discovery-order motion must be accompanied by moving counsel’s certificate that the required good-faith conferral and efforts to resolve the dispute occurred; agreed-order submissions are exempt.

No motions for orders pertaining to discovery shall be filed of record with the Bell Circuit Court Clerk unless accompanied by a certificate of moving counsel that counsel or the parties involved in the discovery matter have conferred, and are unable to reconcile their differences, and that counsel or the parties have otherwise exhausted all extrajudicial means in a good faith effort to reconcile their differences. 3. This rule shall not apply to submissions of agreed orders to the Court for approval.

CRITICAL

Applies to

Petition or response

If a listed action involves a domestic-violence allegation addressed by a court order, a copy of that order must be submitted with the Petition or Response as an exhibit under paragraph 3.

If the list includes an action involving an allegation of domestic violence in which an order addressing the allegation was entered by a court, a copy of the court order shall be submitted with the Petition or Response in the form of an exhibit in accordance with paragraph 3 below, the provisions of which shall apply.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue 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.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.

B. 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 the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and 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

Report of sale and costs upon cancellation

If the Master Commissioner has spent money pursuing a sale before its timely cancellation, he must file a Report of Sale and Costs of Sale Upon Cancellation and may request reimbursement in it.

If the Master Commissioner, prior to the timely cancellation of a sale, has expended sums in furtherance of the sale, he shall file of record with the Bell Circuit Court Clerk a Report of Sale and Costs of Sale Upon Cancellation, and may therein petition the Court for reimbursement for sums expended from the appropriate party.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or Chapter 456 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 shall be accepted and filed with the court.

CRITICAL

Applies to

Motion

A person seeking to view a video of a confidential proceeding must file a motion for an appropriate order with the Clerk, serve it on all parties including any guardian ad litem, and state the request's purpose.

A person desiring to view such a record shall file of record with the Bell Circuit Court Clerk a motion requesting an appropriate order, which shall be served upon all parties, including any guardian ad litem, and shall state the purpose of the request.

CRITICAL

Applies to

Transport order

A transport order must include the defendant’s name, the transporting authority, the origin and destination facility addresses, and the event’s date, time, and nature; it must also include a return instruction if appropriate.

The order shall include the following information: (i) the name of the defendant; (ii) the designation of the authority responsible for transporting the defendant; (iii) the physical address of the facility from which, and to which, the defendant is to be transported; (iv) the date, time, and nature of the court event for which the defendant is to be transported; and (v) an instruction, if appropriate, that the defendant shall be returned upon conclusion of the court event for which the defendant is to be transported.

CRITICAL

Applies to

Response

A Respondent who knows of an action or proceeding that should have been listed in the Petition must list it in the Response with the specified information.

If upon receipt of the Petition, the Respondent knows of an action or procceding that should be listed in the Petition in accordance with this rule but is not, the Respondent shall list such action in the Response with the information specified below.

CRITICAL

Applies to

Jury instructions

Unless the Court orders otherwise, parties must tender proposed jury instructions to the Court at least two days before the jury is expected to receive them.

3. Jury Instructions. (a) Unless the Court orders otherwise, the parties shall tender to the Court and to one another any proposed jury instructions at least two (2) days prior to the day on which it is expected the jury will receive instructions.

CRITICAL

Applies to

Petition

For the specified family-law actions, the Petition must list reasonably related non-court proceedings involving the Kentucky Cabinet for Health and Family Services in which a party is or was involved within the preceding year.

(it) a list of any non-court proceedings involving the Kentucky Cabinet for Health and Family Services, or any division thereof, including but not limited to, investigations, in which a party to the Bell Circuit Court action is involved or was involved within the preceding one (1) year, and which are reasonably related in their substance or outcome to the Bell Circuit Court action;

CRITICAL

Applies to

Petition

The list of related non-court proceedings must identify each proceeding by its style or equivalent references, any agency case number, county of initiation, nature, and status.

(c) The list required under clause (ii) of subparagraph (a) above shall contain the style of the proceeding, or such equivalent references as would enable the proceeding to be identified, an agency case number, if any, the county in which the proceeding was initiated, and a brief statement of its nature and status.

CRITICAL

Applies to

Petition

For the specified family-law actions, the Petition must list reasonably related known Family Law actions involving a party within the preceding three years, whether inside or outside the Commonwealth.

(a) In addition to any information and documentation required by the Family Court Rules of Procedure and Practice and other of these rules, the Petition in any action pertaining to custody, child support, visitation and timesharing, termination of parental rights, and adoption, shall contain the following information: (i) a list of any other known Family Law actions in which a party to the Bell Circuit Court action is a party or was a party within the preceding three (3) years, within or without the Commonwealth, and which are reasonably related in their substance or outcome to the Bell Circuit Court action;

CRITICAL

Applies to

Garnishment challenge motion

A defendant may challenge all or part of the order of garnishment by filing of record with the Bell Circuit Court Clerk a motion to challenge garnishment and accompanying affidavit.

A defendant may challenge all or part of the order of garnishment by filing of record with the Bell Circuit Court Clerk a motion to challenge garnishment and accompanying affidavit.