Bell Circuit Court Document Filing Requirements

CRITICAL

Applies to

BCRP Form 1

The defendant must receive and acknowledge BCRP Form 1 by signing and dating it, then return the completed form to the Clerk for filing in the case record.

Upon conviction, and before the date of sentencing, counsel for a defendant, or if a defendant is unrepresented, the Bell Circuit Court Clerk, shall provide to the defendant a copy of BCRP Form 1, "Notice of Action Upon Failure to Satisfy Monetary Obligations," the reading of which the defendant shall acknowledge by affixing his signature thereto along with the date of signature. The defendant shall return to the Bell Circuit Court Clerk the completed form, which shall be filed of record in the action in which the defendant was convicted.

CRITICAL

Applies to

Lien or lien release

A lien or lien release filed with the Bell County Court Clerk must also be filed with the Bell Circuit Court Clerk for a notice to be placed in the case record.

Any lien created pursuant to KRS 532.164, as well as an release of such a lien, filed with the Bell County Court Clerk shall also be filed with the Bell Circuit Court Clerk, who shall place a notice of the filing or release of the lien in the record for the action giving rise to the judgment that created the lien.

CRITICAL

Applies to

Notice of settlement

Settling parties must jointly file a Notice of Settlement; if the settlement resolves only some issues, the notice must identify the issues not settled, but need not disclose settlement terms.

If at any time some or all of the parties to an action reach a settlement agreement with regard to any or all of the issues presented in that action, the parties shall jointly file of record with the Bell Circuit Court Clerk a Notice of Settlement. If all of the issues between the settling parties are resolved by the settlement, the Notice of Settlement need not state the particular issues that are subject to the settlement. However, if less than all of the issues between the settling parties are resolved by the settlement, the Notice of Settlement shall state the particular issues that are not subject to the settlement. The settling parties shall not be required to state the terms of the settlement agreement.

CRITICAL

Applies to

Monetary obligation excusal motion

A motion to excuse monetary obligations must be noticed for hearing and state the specific legal grounds, with necessary factual information and documentary evidence.

Any request for the excusal of monetary obligations shall be by motion, which shall be noticed for a hearing at the convenience of the Court. The motion shall state with specificity the legal grounds pursuant to which the defendant makes his motion, and shall include any necessary factual information and documentary evidence.

CRITICAL

Applies to

Order or judgment

A signed Order or Judgment must be delivered to the Bell Circuit Court Clerk for entry and distribution.

2. When signed by the Judge, the Order or Judgment shall be delivered to the Bell Circuit Court Clerk for entry and distribution.

CRITICAL

Applies to

Judicial sale advertisement

The Master Commissioner must advertise a sale in a qualifying newspaper, and the advertisement must state the sale’s time, terms, and place and describe the property.

Before conducting a sale, the Master Commissioner shall advertise it in a newspaper meeting the qualifications of KRS 424.120, and include the time, terms, and place of sale, together with a description of the property to be sold.

CRITICAL

Applies to

Protective order petition

The reviewing judge must identify in the petition’s Court Action section whether the action is under KRS Chapter 403 or Chapter 456.

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.

INFO

Applies to

Petition

The Petitioner may include the required information and documents in or with the Petition, or elect to submit them as an attached exhibit.

The information and documentation required by paragraph 2 above may be included in or with the Petition itself, or, upon the election of the Petitioner, may be submitted in the form of an exhibit attached to the Petition.

INFOCriminal cases

Applies to

Order of diversion

The Order of Diversion may include conditions requiring the petitioner to remain drug- and alcohol-free and undergo 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 : 1. That the petitioner remain drug and alcohol 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 .