Boone Circuit Court Document Filing Requirements

CRITICAL

Applies to

Accounting

A private probation company must maintain accurate, complete accounts of all money received from a defendant and provide an accounting when the Court requests it.

Unless it first agrees, in writing, to maintain accurate and complete accounts of all monies received from the defendant, in accordance with proper accounting practices and procedures, and provide any such accounting upon request from the Court;

CRITICAL

Applies to

Settlement

Disbursements must be supported by the original photocopy, which may include vouchers, receipts, or canceled checks, filed with the settlement in the order shown there, except for estates filing an informal settlement under KRS 395.605.

B. All disbursements shall be supported by the original photocopy which may include voucher, receipts or canceled checks filed with the settlement and in the order as shown on the settlement. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.

CRITICAL

Applies to

Written deposition

The written deposition must be executed under oath and include the specified information about children and each party's income or earning capacity.

A written deposition executed under oath by either party setting forth testimony required at a hearing and including the following: - a. Whether either party has minor children from another relationship and, if so, the initials and birth years for those children. - b. Each party's monthly gross income or earning capacity.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A request for default judgment must be made by written motion accompanied by an attorney certification that the defaulting party served no papers and a tendered default judgment.

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certification of the attorney that no papers have been served upon him or her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICAL

Applies to

Request for admission

A Request for Admission filed under this provision must include proof stating the precise service date and manner, and any additional CR 6.05 response time must have expired.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

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.

- 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

Dna petition

A DNA petition must use the AOC-provided AOC-DNA-1 form and be filed with the Family Court Clerk's office.

Pursuant to FCRPP 19 the petition for DNA shall be on the AOC-DNA-1 form provided by the Administrative Office of the Courts (AOC). The petition shall be filed with the Family Court Clerk's office.

CRITICAL

Applies to

Motion to set for trial

Filing a motion to set for trial certifies that counsel's case is ready to proceed to trial within 60 days.

In addition, the filing of a motion to set for trial shall be a "Certification of Readiness" by counsel that the case is ready to proceed to trial in sixty (60) days.

CRITICAL

Applies to

Pretrial services submission

Before diversion is approved, Pretrial Services must present any arresting-officer or victim comments and opinions on the offense, diversion, and suggested contract terms to the judge, who must consider them but is not bound by them.

Prior to approval for participation in the Diversion Program, the Pretrial Services Office shall present to the trial judge the comments and opinions, if any, of the arresting officer and/or victim of the alleged crime regarding the nature of the offense, the appropriateness of diversion, and suggested terms of the Diversion Contract. While not binding on the trial judge, such comments and opinions, if any, shall be considered by the trial judge in determining approval for participation in the Diversion Program.

CRITICAL

Applies to

Court docket

The judge must note on the Court Docket any special terms required for the Diversion Contract.

Upon approval for participation in the Diversion Program, the trial judge shall note on the Court Docket any special terms which he or she is requiring to be included in the Diversion Contract.

CRITICAL

Applies to

Affidavit

A person examined under oath in a post-judgment discovery proceeding may not be compelled to appear again within six months unless counsel files an affidavit showing a change in conditions or circumstances warranting another appearance.

Whenever a defendant, party or witness has appeared and been examined under oath on a discovery proceeding upon a judgment, such person shall not be compelled to appear again within six month unless an affidavit is filed by counsel showing a charge of conditions or circumstances warranting same.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include the specified restitution, supervision, duration, and defendant-conduct terms; supervision fees must be at least $25 per month.

The Order of Diversion shall include: 1. Restitution, if applicable . Restitution is mandatory where victim has suffered monetary damage per KRS 533 .254. 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, which are to be no less than $25 .00 per month. 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 .303(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of pretrial diversion. Specifically, direct the defendant to comply with any other provision ofKRS 533 .030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Notice of hearing

The Boone County paternity or child-support motion must be filed with the county clerk and include a notice specifying the hearing date.

The motion shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date it will be heard.

CRITICAL

Applies to

Initial hearing documents

Where appropriate, the listed probate documents must be presented to the Court at the initial hearing.

A. Where appropriate, the documents to be presented to the Court at the initial hearing for its review, findings and approval, shall include the following: - 1. Waiver of Recording; - 2. Petition; - 3. Witness Form; - 4. Order Probating Will and Appointing Executor; - 5. Order Appointing Fiduciary; - 6. Fiduciary Bond; and - 7. Certificate of Qualification

CRITICAL

An attorney of record may seek withdrawal only by written request with client consent and substitute counsel’s appearance, or by written request with notice to the client, good cause, and court consent on terms set by the Court.

An attorney of record shall move for permission to withdraw as counsel for a party only: - 1. Upon his or her written request with the written consent of his or her client and the entry of appearance of a substitute attorney of record, or, - 2. Upon his or her written request with notice to the client and a showing of good cause with the consent of the Court and upon such terms as the Court shall impose.

CRITICAL

Applies to

Document or exhibit

When personal identifiers are statutorily required or appear in filed documents or exhibits, parties must comply with CR 7.03 and KRS 403.135.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 and KRS 403.135.

CRITICAL

Applies to

Pleading

Every pleading submitted for filing must include the name, address, and phone number of the Estate's attorney and the personal representative.

The name, address and phone number of both the attorney for the Estate and the personal representative of the estate shall be included on all pleadings submitted for filing.

CRITICAL

Applies to

Motion

A CR 12.02 defense asserted in a responsive pleading must be brought to the Court for resolution by motion.

Defenses referred to in CR 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.

CRITICAL

For an automobile property-damage claim, provide a copy of the repair estimate or other evidence of damages, together with a statement that the estimate does not exceed the automobile's fair market value.

E. If the basis of plaintiff(s) claim is property damage to an automobile, a copy of the repair estimate or other document evidencing the damages sought in the Complaint, with a statement that the repair estimate does not exceed the fair market value of the automobile order payment to an attorney of record.

CRITICAL

Applies to

Motion

Every motion must state the hearing date and time.

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

CRITICAL

Applies to

Initial petition

Where appropriate, the petition must be accompanied by a completed fiduciary bond form with the amount blank and the proposed personal representative's qualifications.

There shall be filed with the Petition, where appropriate, a completed fiduciary bond form (with the amount left blank) and qualifications for the proposed personal representative.

CRITICAL

In the specified involuntary termination of parental rights cases, the GAL must submit form FINGAL-1 as described in Rule 10.2(A).

In involuntary termination of parental rights cases where the Cabinet for Health and Family Services is the proposed custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).

CRITICAL

Applies to

Warrants orders or motions

The private probation company must first agree in writing not to prepare, tender, or present warrants, orders, or motions concerning supervised defendants to the District Court.

- l. Unless it first agrees, in writing, that it will not prepare, tender, or present warrants, orders, or motions to the District Court concerning any defendant under its supervision; and

CRITICAL

Applies to

Liability insurance proof

A private probation company must provide annual proof of at least $1 million in liability insurance to the District Court, with a copy submitted to the Administrative Office of the Courts using Form AOC-411.

Unless it first agrees in writing to maintain liability insurance in an amount equal to a minimum of $1 million dollars and provides proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, “Private Probation Agency Requirements and Agreement”;

CRITICAL

Applies to

Attorney signed paper

Attorney-signed papers must be signed as required by the Civil Rules and include the attorney’s legible typewritten name, address, Kentucky Bar Association number, party representation, and office telephone number with area code in the signature block.

All pleadings, motions, appearances, entries of satisfaction, stipulations or any other paper required to be signed by an attorney must be signed as provided for in the CR and this Rule. In addition, the clearly legible typewritten name, address, Kentucky Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.

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.

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

Speedy trial waiver statement

Upon approval for diversion, the accused must sign a speedy-trial waiver and must be given the opportunity to consult an attorney before signing if desired.

Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the accused shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICAL

Applies to

Dna petition

People seeking to file a DNA petition must complete the official AOC-DNA-1 form at the Circuit Clerk's office.

Persons seeking to file a petition for DNA shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition).

CRITICAL

Applies to

Notice of hearing

Hearing notices must state the amount of time reserved for the hearing.

All notice of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

CRITICAL

Applies to

Notarized statement

The notarized statement must be signed by both parties and affirm exchange of preliminary disclosures and filing or waiver of final disclosures.

A notarized statement signed by both parties affirming that the parties have exchanged their preliminary verified disclosure statements (AOC-238) and have either filed their final verified disclosure statements (AOC-239) or that they waive such filing.

CRITICAL

Applies to

Motion to submit or agreed order to submit

When the parties agree on all issues and seek a decree without a hearing, a Motion to Submit or Agreed Order to Submit must include a notarized separation agreement settling all issues.

If the parties reach an agreement on all issues and seek the entry of a decree without a hearing per FCRPP 3(1), either party may file a Motion to Submit or an Agreed Order to Submit that contains the following information and attachments: - 1. A notarized separation agreement settling all issues between the parties;

CRITICAL

Applies to

Motion

Every motion must state precisely the relief requested.

All motions shall state precisely the relief requested.

CRITICAL

Applies to

Probated will

A duly proven will admitted to probate and the order admitting it must be recorded with the County Clerk.

Wills that are duly proven and admitted to probate in accordance with law together with the Order admitting the will to probate shall be recorded with the County Clerk's office.

CRITICALCriminal cases

Applies to

Court record

If the Court accepts the diversion agreement, a finding must be made on the record that the defendant entered the plea and agreement voluntarily, freely, intelligently, and understandingly.

The Court will thereafter advise the parties whether it will accept the diversion agreement. If it is accepted, a specific finding shall be made on the record that the defendant entered the plea and entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICAL

Applies to

Criminal complaint

Private citizens seeking criminal process or wishing to register a complaint in Boone County must provide an authorized recipient with a written, sworn criminal-complaint affidavit.

A. Private citizens who wish to obtain criminal process or otherwise register a complaint within Boone County shall provide any person authorized to take criminal complaints with a written and sworn affidavit for a criminal complaint.

CRITICAL

Applies to

Notice of hearing

The motion must be filed with the Gallatin Circuit Clerk with a hearing notice stating the hearing's date, time, and place.

The motion shall be filed with the Gallatin Circuit Clerk with a notice of hearing containing the date, time, and place where it shall be heard.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.

The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.

CRITICAL

Applies to

Motion for default judgment

A motion for default judgment must include the specified certificate, in addition to a Military Affidavit if one is required.

Motions for Default Judgments shall be accompanied by the following certificate in addition to the Military Affidavit, if a Military Affidavit is required: ## DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: - A. No papers have been served on plaintiff’s counsel by the defendant(s) in default. - B. Defendant(s) were served on _____

CRITICAL

Applies to

Discovery response

A party must supplement all required discovery responses, including witness and expert-witness names and locations, no later than 30 days before trial.

It shall be the duty of a party to supplement all required responses to discovery including the identity (names and location) of all witnesses and expert witnesses not later than thirty (30) days prior to the trial date.

CRITICAL

Applies to

Protective order petition

Petitions for protection under KRS Chapter 403 or 456 must use form AOC-275.I and be accepted and filed with the court.

- A. All petitions requested, completed and signed by person seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.I, and shall be accepted and filed with the court. KRS 403.725, RRS 456.030,

CRITICAL

Applies to

Motion or notice

A motion or notice must be filed with the clerk before the hearing date will be confirmed.

Your hearing date will not be confirmed until a motion or notice is filed with the clerk.

CRITICAL

Applies to

Final settlement

A photocopy of the Kentucky Inheritance Tax acceptance must be filed with each final settlement of a decedent's estate, except for estates filing an informal settlement under KRS 395.605.

2. A photocopy of the Kentucky Inheritance Tax acceptance shall be filed with all final settlement of decedent's estate. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.

CRITICAL

Applies to

Discovery response

When the initial response space is exhausted, the responding party must place the relevant question or request immediately before the answer or objection, and every objection must state its reasons and grounds.

When answering Interrogatories or Requests for Production or Inspection, or for admissions, or in filing objections thereto, when the initial space for response has been exhausted, the replying party shall, as a part of the answer or objection and immediately preceding it set forth the question or the request with respect to which the answer or objection is given. In all cases of objection, the replying party shall state the reason and grounds for the objection.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the Clerk must be accompanied by a tendered order, except when the Civil Rules require the Court to make findings of fact in the order sought.

No motion shall be filed in the Clerk's office unless same is accompanied by the tendered order for the Court's consideration. The rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.

CRITICAL

Applies to

Emergency custody affidavit

After working hours, emergency-custody affidavits must be requested through CHFS and submitted to the on-call Family Court Judge or, if unavailable, the on-call District Court Judge.

After working hours, affidavits for emergency custody shall be requested through the Cabinet for Health and Family Services (CHFS) and submitted to the Family Court Judge on call or the District Court Judge on call if a Family Court Judge is not available.

CRITICAL

In the specified voluntary termination of parental rights cases, the GAL must submit form FINGAL-1 as described in Rule 10.2(A).

In voluntary termination of parental rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).

CRITICAL

Applies to

Pro bono referral report

A private probation company must report monthly to the District Court on referred pro bono cases, whether it accepted or rejected each referral, and reasons for any rejection.

Unless it first agrees, in writing, to report to the District Court on a monthly basis all pro bono cases referred to the private probation company by the Court and whether the company accepted or rejected the pro bono referral and, if rejected, the reasons for such rejection;

CRITICAL

Applies to

Filing

In custody, parenting time, and child support actions, only a minor child's initials may be disclosed unless the case is confidential.

When referring to minor children in custody, parenting time, and child support actions, only the child's initials shall be disclosed, unless filing in a confidential case.

CRITICAL

For a claim based on a promissory note, the original note must have been filed previously or filed with the submission; otherwise, the reason must be provided.

D. If the basis of plaintiff's claim is a Promissory Note, the original note has previously been filed herein or is filed herewith. If not, the reason: _____ _____ _____

CRITICAL

Applies to

Motion for attorney fees

Must include

proposed order

At disposition, a WOA appointed under CR 4.07 in a paternity or child support action must prepare a fee motion accompanied by a tendered order that leaves the awarded fee blank for the judge.

When a WOA is appointed pursuant to CR 4.07 in paternity or child support actions, at the disposition of the case and in accordance with Rule 10.2(D), the WOA shall prepare a motion for attorney's fees. A tendered order shall accompany the motion and said order shall leave a blank for the judge to fill in the awarded fee.